Modernising compulsory purchase orders

A series of measures to modernise and simplify the compulsory purchase system in Scotland are set to move forward.

Following a consultation on compulsory purchase orders (CPOs) which found widespread support for change, the Scottish Government plans to bring forward legislation to ensure they can be used to their full potential.

Plans include:

• introducing a single Compulsory Purchase Act to make the approval process faster and more certain
• providing more flexible powers, rather than authorities having to acquire land permanently in all cases
• digitising the process by allowing CPO notices and documents to be served electronically, with consistent data standards
• reviewing compensation rules to ensure they are fair to owners and acquiring authorities

Public Finance Minister Hannah Mary Goodlad said:

“The legal framework governing compulsory purchase in Scotland is old, complex and fragmented, with core parts of the legislation dating back almost two centuries.

“In modernising the system, we want to encourage authorities to make positive and proactive use of their powers. This can help deliver projects ranging from bringing empty homes back into use to major infrastructure development.

“At the same time, we are clear that a reformed system needs to ensure that those affected are given opportunities to challenge, are treated with respect and are compensated fairly.

“These proposed changes will make Scotland’s CPO system simpler, more streamlined and fairer for all.”

Background

Update on Compulsory Purchase Reform https://www.gov.scot/isbn/9781807754716

Compulsory Purchase Reform in Scotland - Summary of Consultation Responses  https://www.gov.scot/ISBN/9781807753856 

Compulsory Sale and Compulsory Lease Orders - Consultation analysis report http://www.gov.scot/ISBN/9781807753993

CPOs can help to deliver a wide variety of development projects – large and small – that would not otherwise happen. This ranges from major infrastructure and regeneration schemes, through to the refurbishment of individual empty homes and derelict properties that can blight neighbourhoods. Effective use of CPO powers can help facilitate sustainable economic growth, revitalise communities and achieve net zero.

The case for introducing compulsory sale and lease orders will continue to be further explored, drawing on the evidence gathered through the consultation.