Compulsory purchase orders and acquiring authorities: guidance on CPO use
CPOGNAA/001 First in a series of guidance notes intended to provide information for acquiring authorities with no, or limited experience of compulsory purchase on how to use CPOs.
Schedule 1: Simplified Compulsory Purchase Order Process
| CPO Period |
CPO Stage/Action |
Timescale (if specified) |
|---|---|---|
| CPO Preparation Period |
Acquiring Authority prepares project proposal and identifies land required |
|
| AA engages and negotiates with landowners about purchase |
||
| AA resolves to use powers and prepares draft CPO |
||
| AA submits draft CPO to Scottish Government for Technical Check (recommended) |
||
| Scottish Government provides feedback on draft CPO |
1 month |
|
| AA finalises the Order, advertises it and serves notices on affected parties |
Adverts must be placed in local paper for 2 successive weeks |
|
| AA submits Order and accompanying paperwork to Scottish Government |
||
| CPO Objection and Hearing Period |
Scottish Government receives objections to the Order |
21 days minimum from date notices are advertised |
| If no objections are received Scottish Government move to determination of the Order |
||
| If objections received Scottish Government sends them to Acquiring Authority and invites response |
||
| Scottish Government passes Acquiring Authority response to objector and asks whether they wish to maintain their objection |
||
| If any objection is maintained Scottish Government passes case to DPEA for consideration |
||
| DPEA hears evidence for the case via Public Local Inquiry, Hearing or Written Submissions |
||
| DPEA submits report and recommendations to Scottish Government |
||
| CPO Determination Period |
Scottish Government considers Order and decides whether to: And then advises the AA of this decision. |
|
| AA advertises decision and notifies landowners |
Adverts must be placed in local paper for 2 successive weeks |
|
| Period of legal challenge to Order |
6 weeks |
|
| CPO Implementation Period |
If no legal challenge AA is empowered to implement order and to take title to the land |
|
| AA takes title to land and possession via GVD or Notice to Treat |
Up to 3 years from date confirmed order advertised |
|
| AA offers compensation to landowners |
||
| If compensation agreed AA pays landowners |
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| If compensation not agreed case may be referred to the Lands Tribunal Scotland |
Up to 6 years |