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Section 194 “Appropriate authority” for purposes of these provisions.C2C1

Scotland

(1)

Subject to the following provisions of this section, in these provisions “the appropriate authority”, in relation to any land, means the government department, local authority or other body F1or person by whom, in accordance with the circumstances by virtue of which the land falls within any of the specified descriptions, the land is liable to be acquired or is indicated as being proposed to be acquired.

(2)

If any question arises—

(a)

whether the appropriate authority in relation to any land for the purpose of these provisions is the Secretary of State or a local F2roads authority; or

(b)

which of two or more local roads authorities is the appropriate authority in relation to any land for those purposes; or

(c)

which of two or more local authorities is the appropriate authority in relation to any land for those purposes;

that question shall be referred to the Secretary of State, whose decision shall be final.

(3)

If any question arises which authority is the appropriate authority for the purposes of these provisions—

(a)

section 183(1) of this Act shall have effect as if the reference to the date of service of the blight notice were a reference to that date or the date on which that question is determined, whichever is the later;

(b)

section 190(3)(b) of this Act shall apply with the substitution for the period of six months of a reference to that period extended by so long as it takes to obtain a determination of the question; and

(c)

section 192(1)(b), (2)(b) and (3)(b) of this Act shall apply with the substitution for the reference to twelve months before the date of service of a reference to that period extended by so long as it takes to obtain a determination of the question.

Annotations

Textual amendments

F1

Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 54(6), Sch. 5 para. 45

F2

Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(6) (with s. 128(1))

Modifications

C1

S. 194 extended by Land Compensation (Scotland) Act 1973 (c. 56), ss. 73(1), 4 77(5); amended by Land Compensation (Scotland) Act 1973 (c. 56), s. 77(4)

C2

Ss. 181–196 modified by Local Government, Planning and Land Act 1980 (c. 65), s. 147(3)

Notes on the whole Act

Textual amendments

F1

Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)