Planning Circular 6/2011: Compulsory purchase orders

Scottish Government policy on making compulsory purchase orders.


B1. Many Acts of Parliament contain compulsory purchase powers. The following list is not exhaustive and sets out only a brief summary of the power. The authority should check the precise wording of the enabling Act, rather than relying on the description of the power in this Appendix. It should also make sure that the legislation is in force and whether it has been amended. B2. This Appendix is based on a table extracted from 'Compulsory Purchase and Compensation; the Law in Scotland' by Professor Jeremy Rowan-Robinson and Elaine Farquharson-Black, with the kind permission of W. Green.

Act Section/ Schedule Promoter Power
Agriculture (Scotland) Act 1948 s.57 Scottish Ministers To ensure full and efficient use for agriculture thereof securing the carrying out of the work, provision or maintenance of equipment or use of the land in conjunction with other land
Building (Scotland) Act 2003 s.45 Local Authority The purchase of a building and its site on which the local authority has carried out work under s.29(2) or (3) or 30(4)(b) and the expense incurred in doing so cannot be recovered from the owner of the building because the owner cannot be found
Crofters (Scotland) Act 1993 s.23 Scottish Ministers Power to acquire land or buildings no longer forming part of a croft
Education (Scotland) Act 1980 s.20 Education Authority In order to enable them to execute any of their functions
Electricity Act 1989 s.10 and Sch.3 Licence holder For any purpose connected with the carrying on of the activities which the licence holder is authorised by the licence to carry on
Enterprise and New Towns (Scotland) Act 1990 s.7 Scottish Enterprise or Highlands & Islands Enterprise Power to acquire derelict, neglected or unsightly land and any other land whose acquisition is reasonably required for the purpose of bringing the derelict land into use or improving its appearance
Environment Act 1995 s.26 SEPA For the purpose of any of SEPA's functions
Flood Risk Management (Scotland) Act 2009 s.66 Local Authority Land which it requires for the purpose of carrying out scheme operations
Forestry Act 1967 ss.39 and 40 Scottish Ministers Land suitable for afforestation or purposes connected with forestry
Housing (Scotland) Act 1987 ss.9 and 10 Local Authority For, or in connection with, provision of housing accommodation
s.124 Local Authority Purchase of site of a building which has been demolished by the authority under s.123 and the expenses incurred cannot be recovered because the owner cannot be found
Housing Associations Act 1985 s.88 Local Authority For purpose of selling/leasing it to a registered housing association or unregistered self build society; or providing dwellings for letting or for sale or hostels
Housing (Scotland) Act 2006 s.40 Local Authority Acquisition of a house and its site for the purposes of carrying out work or demolition following a failure of the owner of the house to comply with a works notice or demolition notice served under the Act
s.95 Local Authority To improve the amenity of a predominantly residential area
Land Reform (Scotland) Act 2003 s.16 Local Authority For the purpose of enabling or facilitating the exercise of access rights in respect of land to which the section applies
Local Government (Scotland) Act 1973 s.71 Local Authority For the purposes of any of its functions
National Parks (Scotland) Act 2000 s.9 and Sch.2 National Park Authority Any land within the National Park for the purpose of its functions
Nature Conservation (Scotland) Act 2004 s.39 Scottish Natural Heritage Land which is a Site of Special Scientific Interest, any other land to which a Nature Conservation Order or Land Management Order applies or any other land which is contiguous to or which SNH considers to be associated with, land of the aforementioned land type for the purpose of securing the conservation, restoration or other enhancement of any protected natural feature
Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 s.42 Local Authority or Scottish Ministers For preservation of a listed building
Police (Scotland) Act 1967 s.10 Police Authority For the purposes of its functions
Road Traffic Regulation Act 1984 s.40 Local Authority For purposes of providing parking places under ss.32, 33(4)(a) and 34 of the Act
Roads (Scotland) Act 1984 ss.103, 104, 104(1) Roads Authority For purposes in connection with the construction, improvement or protection of a public road or for the purpose of providing or improving a road which is to be provided or improved in pursuance with an order under the Town and Country Planning (Scotland) Act 1997 or of providing a public right of way which is to be provided as an alternative to a right of way extinguished under the Act or for any other purpose for which land is required in connection with such an order
s.104(2) Scottish Ministers Land which is required in connection with the carrying out of any works authorised by an order relating to a trunk road under s.12 of the Act or the provision of buildings or facilities for the purposes of constructing, improving, maintaining or servicing a trunk road other than a special road
s.104(3) Special Road Authority Land which is required in connection with the improvement of a road which is included in the route of a special road but has not been transferred to the authority by means of an order under s.9 of the Act, for the purpose of any order made in relation to a special road under the said s.9 or in connection with the provision of service stations or other buildings or facilities to be used in connection with the special road
s.105 Roads Authority Land required in connection with the carrying out of works authorised under s12, 69 or 70 or required for the provision of any buildings or facilities needed for the purpose of constructing, improving or maintaining or servicing a public road
s.106 Roads Authority For the purposes of mitigating any adverse effect which the existence or use of a road constructed or improved by them, or proposed to be constructed or improved by them, has or will have on the surroundings of the road
s.107 Roads Authority For the propose of providing, altering or improving a cattle grid (or a bypass in relation to a cattle grid)
s.108 Scottish Ministers In connection with the provision under s.55 of the Act of a picnic site
Town and Country Planning (Scotland) Act 1997 s.189 Planning Authority Land which is (1) suitable for and is required in order to secure the carrying out of development, redevelopment or improvement (2) required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated
s.190 Scottish Ministers Any land necessary for the public service and any land which it is proposed to use not only for the public service but also to meet the interests of proper planning of the area or to secure the best, and most economic development or use of the land, otherwise than for the public service
Transport Act 1962 s.15A British Waterways Board For the purposes of its business
Water Industry (Scotland) Act 2002 s.47 Scottish Water For purposes of any of its core functions or provision by some other person of a supply of water to the public or a system of drains, sewers or sewage treatment works for the public
Water (Scotland) Act 1980 ss.17, 18 Scottish Water For the purpose of an order to take water from any stream or other source



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