Section 188 Acquisition of land by agreement.

Scotland

(1)

A planning authority may acquire by agreement any land which they require for any purpose for which a planning authority may be authorised to acquire land under section 189.

C1(2)

The Lands Clauses Acts (except the provisions relating to the purchase of land otherwise than by agreement and the provisions relating to access to the special Act, and except sections 120 to 125 of the M1Lands Clauses Consolidation (Scotland) Act 1845) and sections 6 and 70 of the M2Railways Clauses Consolidation (Scotland) Act 1845, and sections 71 to 78 of that Act, as originally enacted and not as amended for certain purposes by section 15 of the M3Mines (Working Facilities and Support) Act 1923, shall be incorporated with this section, and in construing those Acts as so incorporated this section shall be deemed to be the special Act and references to the promoters of the undertaking or to the company shall be construed as references to the authority authorised to acquire the land under this section.

F1(3)

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Annotations

Textual amendments

F1: S. 188(3) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(i), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Marginal citations

M1: 1845 c. 19.
M2: 1845 c. 33.
M3: 1923 c. 20.

Modifications

C1: S. 188(2) applied (with modifications)(26.3.2001) by 2000 c. 26, s. 95, Sch. 6 para. 7; S.I. 2000/2957, art. 2(3), Sch. 3 (with arts. 3-8)

Notes on Part VIII

Modifications

C1: Pt. VIII excluded (1.4.2007) by Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 (S.S.I. 2007/268), arts. 1(1), 3(2)(d) (with art. 14(3))
C2: Pt. VIII modified (20.6.2008) by Glasgow Commonwealth Games Act 2008 (asp 4), ss. 42, 49; S.S.I. 2008/245, art. 2