Compulsory purchase reform in Scotland: consultation

Glossary

Legislation

Term

The 1845 Act

Explanation

Lands Clauses Consolidation (Scotland) Act 1845

Term

The 1947 Act

Explanation

Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

Term

The 1963 Act

Explanation

Land Compensation (Scotland) Act 1963

Term

The 1973 Act

Explanation

Land Compensation (Scotland) Act 1973

Term

The 1997 Act

Explanation

Town and Country Planning (Scotland) Act 1997

Term

The 2003 Regulations

Explanation

The Compulsory Purchase of Land (Scotland) Regulations 2003

Term

The Title Conditions Act

Explanation

Title Conditions (Scotland) Act 2003

Term

Accommodation Works

Explanation

Voluntary works carried out by the acquiring authority to mitigate the impact on the value of a claimant’s retained land, in order to reduce compensation for injurious affection.

Term

Acquiring Authority

Explanation

An organisation (usually a public body) empowered by an Act of Parliament to purchase land compulsorily for purposes related to their function(s).

Term

Advance Payment

Explanation

A payment made by the acquiring authority to a claimant in advance of the final amount of compensation being agreed.

Term

Award of Expenses

Explanation

In the context of a public local inquiry, a decision that one party must pay the expenses of another. Such awards typically occur if an objection is upheld or a party is deemed to have acted unreasonably.

Term

Benefited Property

Explanation

See ‘real burden’ .

Term

Betterment

Explanation

Increase in the value of a claimant’s retained land as a result of the acquiring authority’s scheme. The opposite of injurious affection.

Term

Burdened Property

Explanation

See ‘real burden’.

Term

Business and Regulatory Impact Assessment (BRIA)

Explanation

An assessment of the impacts of proposed regulatory change(s).

Term

Certificate of Appropriate Alternative Development (CAAD)

Explanation

A tool for determining what, if any, planning permission would have been granted on a piece of land affected by compulsory purchase, had it not been for the CPO. In doing so, it helps assess the market value of the land.

Term

Circular 6/1990

Explanation

Planning Circular 6/1990 provides advice and guidance on awards and expenses in appeals and other planning proceedings and in CPO inquiries.

Term

Circular 6/2011

Explanation

Planning Circular 6/2011 sets out the Scottish Government’s policy and guidance on the use of compulsory purchase orders in Scotland.

Term

Claimant

Explanation

A person entitled to claim compensation in the context of compulsory purchase.

Term

Compulsory Purchase Order (CPO)

Explanation

A document made by an acquiring authority which identifies land that it seeks to compulsorily acquire. CPOs are subject to confirmation by the Scottish Ministers.

Term

Compulsory Purchase Vesting Declaration (CPVD)

Explanation

A proposed new mechanism (set out in this consultation document) for implementing a confirmed CPO, which would replace general vesting declarations and notices to treat.

Term

Confirmation

Explanation

The process by which decisions are taken on whether or not a CPO is confirmed (i.e. approved). A CPO can be confirmed, confirmed with modifications or not confirmed.

Term

Confirmation Notice / Notice of Confirmation

Explanation

Notices published and served by the acquiring authority after a CPO has been confirmed. This marks the start of the three year period within which a CPO must be implemented, and the six week period within which a legal challenge can be brought.

Term

Confirming Authority

Explanation

The party responsible for deciding whether or not a CPO should be confirmed (currently Scottish Ministers).

Term

Data Standards

Explanation

A set of rules by which data are described, recorded and shared in order to ensure common understanding among data users and maintain data quality (integrity, consistency, format, meaning).

Term

Development Value

Explanation

Additional value of land associated with the grant of planning permission for a more valuable use (or the assumption of such planning permission).

Term

Disturbance

Explanation

Compensation for losses which are unconnected to the value of the land, such as removal costs and professional fees (effectively, expenses).

Term

DPEA - Planning and Environmental Appeals Division

Explanation

The DPEA is responsible for considering objections to draft compulsory purchase proposals and for providing recommendations to Ministers on whether they should be confirmed.

Term

Enabling Power(s)

Explanation

Powers specifying the purpose(s) for which an acquiring authority can compulsorily acquire land.

Term

Equivalence

Explanation

The principle that people whose interests are acquired compulsorily, or under the threat of compulsion, should be put – at least in monetary terms – in the same position as if the land had not been taken, being entitled to compensation which is neither less nor more than the value of their loss.

Term

Exchange Land

Explanation

Land which an acquiring authority propose to give in exchange for land compulsorily acquired.

Term

Existing Use Value

Explanation

Value of land in its existing use.

Term

Farm Loss Payment (FLP)

Explanation

Additional compensation paid to those displaced from agricultural land as a result of compulsory acquisition, subject to qualifying criteria.

Term

General Certificate

Explanation

A non-statutory certificate submitted with a CPO confirming who has been notified of the Order, that at least 21 days has been allowed for objections and indicating where a copy of the Order and map can be viewed.

Term

General Register of Sasines / Sasine Register

Explanation

A register of land ownership in Scotland which was established in 1617. It is progressively being replaced by the Land Register of Scotland.

Term

General Vesting Declaration (GVD)

Explanation

A legal document used to implement a confirmed CPO. A GVD transfers the title of all land described within it to the acquiring authority, including the right to enter and take possession of the land.

Term

Hearing

Explanation

A procedure through which objections to a CPO are considered. It takes the form of a structured discussion led by a Reporter and is typically less formal than a public local inquiry.

Term

Heritable creditor

Explanation

A person to whom money is owed which is secured on land – this is the term in Scots law for a mortgage lender. May also be described as a “security holder”.

Term

Home Loss Payment

Explanation

Additional compensation paid to those displaced from residential accommodation as a result of compulsory acquisition, subject to qualifying criteria.

Term

Hope Value

Explanation

Additional value of land reflecting the prospects of a more valuable future use.

Term

Implementation (of a CPO)

Explanation

The procedures by which the acquiring authority takes title to and possession of land within a CPO which has been confirmed. This is usually done by making a general vesting declaration (GVD) or less commonly, by serving a notice to treat (NTT).

Term

Injurious Affection

Explanation

Reduction in value of any land which is not acquired by the acquiring authority (see also ‘Retained Land’).

Term

Keeper of the Registers of Scotland (‘the Keeper’)

Explanation

Chief executive of Registers of Scotland – the official formally responsible for maintaining the Land Register, General Register of Sasines and other registers.

Term

Land

Explanation

In the context of compulsory purchase, the definition of land includes land and buildings, as well as any rights in or over land.

Term

Land Register (of Scotland)

Explanation

Map-based register of land ownership in Scotland, which is progressively replacing the General Register of Sasines.

Term

Lands Tribunal for Scotland (LTS)

Explanation

Tribunal which deals with disputes relating to land or property, including disputes of compulsory purchase compensation.

Term

Liferent

Explanation

A right in property given to someone for the duration of their life. For example, a parent may leave a property to their child, but with a liferent for their partner to live there for the rest of their life. The partner cannot sell it or leave it to anyone else.

Term

Loss Payment

Explanation

Additional compensation payment for the stress and inconvenience of being displaced as a result of compulsory acquisition. See Home Loss Payments and Farm Loss Payments.

Term

Market Value

Explanation

The price paid for land or property in the open market assuming a willing buyer and willing seller both acting prudently with the land/property having been properly marketed.

Term

No-Scheme Principle

Explanation

When assessing the value of property subject to compulsory acquisition, the disregard of any increases or decreases in value which are attributable to the underlying ‘scheme’ (e.g. road project, housing refurbishment works etc).

Term

Notice to Treat (NTT)

Explanation

A notice served by an acquiring authority on those with an interest in land within a confirmed CPO. In effect, it invites claimants to make a claim for compensation. It is one of the two principal mechanisms by which a CPO is implemented, the other being a general vesting declaration (GVD). A separate notice of entry must be served before entering onto the land; title is also transferred separately.

Term

Reporter

Explanation

A person appointed by the Scottish Ministers to consider objections to a CPO and make recommendations as to whether the Order should be confirmed.

Term

Opposed CPO / Opposed Case

Explanation

A CPO which has been objected to and those objections have not been withdrawn.

Term

Owners’ Association

Explanation

A group of homeowners who have put in place arrangements for the purpose of managing and maintaining common areas.

Term

Primary Legislation

Explanation

Laws contained in an Act of Parliament or Act of the Scottish Parliament.

Term

Protected Assets and Special Category Land Certificate

Explanation

A non-statutory certificate submitted with a CPO indicating whether certain heritage assets (such as a listed building) would be affected, and whether any special category land is proposed to be acquired.

Term

Public Local Inquiry

Explanation

A procedure through which objections to a CPO are considered. At a PLI, parties give evidence in front of a Reporter and can be cross-examined by others. It is typically a more formal event than a Hearing.

Term

Real Burden

Explanation

A legal obligation restricting the use or development of a property (‘the burdened property’) for the benefit of another property (‘the benefitted property’), whose owner may enforce the burden.

Term

Retained Land

Explanation

Land owned by a claimant which is not proposed to be acquired compulsorily.

Term

Registers of Scotland

Explanation

The government body responsible for maintaining public registers of land and property in Scotland, including the Land Register of Scotland and General Register of Sasines.

Term

Secondary Legislation

Explanation

Legislation made by Ministers under powers set out in primary legislation.

Term

Security holder

Explanation

See “heritable creditor”.

Term

Servitude

Explanation

A legal right allowing the owner of a property (‘the benefitted property’) to make specific use of another property (‘the burdened property’), such as a right of access.

Term

Severance

Explanation

The reduction in the value of a claimant’s retained land caused by its separation from land acquired through a CPO.

Term

Special Category Land

Explanation

Categories of land which, if included in a CPO, may require additional procedures to be carried out before the Order can be confirmed.

Term

Special Parliamentary Procedure

Explanation

A process by which certain CPOs are subject to additional scrutiny and approval by the Scottish Parliament.

Term

Standard Security

Explanation

Deed securing a debt over land – equivalent to a mortgage.

Term

Statement of Reasons

Explanation

A document through which the acquiring authority sets out its justification for the proposed acquisition and seeks to demonstrate that there is a sufficiently strong case in the public interest for the CPO to be confirmed.

Term

Statutory Objector

Explanation

A party who must be notified by an acquiring authority when a CPO has been made and is about to be submitted for confirmation. Such parties have a right to be heard (through either a hearing or public local inquiry) if they object to a CPO and do not withdraw their objection.

Term

Statutory Undertaker

Explanation

A body with statutory powers to carry out works related to the provision of infrastructure.

Term

TAWS

Explanation

Transport and Works (Scotland) - an order-making process which avoids the need for private Bills for transport-related developments.

Term

Unopposed CPO / Unopposed Case

Explanation

A CPO which has not been objected to, or where all objections have been withdrawn.

Term

Vest

Explanation

To transfer a right or title to land. The land vests or is vested in the person who then owns it.

Term

Written Submissions

Explanation

A procedure through which objections to a CPO are considered. Unlike a Public Local Inquiry or Hearing, it does not involve oral sessions.