Publication - Guidance

Compulsory purchase orders and acquiring authorities: guidance on next steps for confirmed orders

Published: 26 Apr 2018

CPOGNAA/005 Fifth in a series of guidance notes intended to provide information for acquiring authorities with no, or limited experience of, compulsory purchase orders (CPOs). This guidance considers next steps for confirmed orders.

14 page PDF

221.2 kB

14 page PDF

221.2 kB

Contents
Compulsory purchase orders and acquiring authorities: guidance on next steps for confirmed orders
1. Challenge to the Validity of the Order

14 page PDF

221.2 kB

1. Challenge to the Validity of the Order

1.1. There is a six week period, beginning from the date that the Acquiring Authority first publishes notice of the confirmation of the order, in which the validity of the order can be challenged in the Court of Session.

1.2. It is worth noting that any such challenge to the decision by Scottish Ministers to confirm the Order is made on the grounds of the lawfulness, rather than the merits, of the decision.

1.3. Such cases are extremely rare but where a legal challenge has been lodged, the Court of Session will advise all parties and may suspend the operation of the CPO, halting any proceedings to acquire title to and take possession of the land until the matter is resolved.

1.4. If the challenge is successful, the court may quash the Order in whole or part. If the challenge is dismissed by the Outer House there is a right of appeal to the Inner House of the Court of Session and, ultimately, to the Supreme Court.


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