HC Deb 29 November 1973 vol 865 cc555-8
1.—(1) A compulsory purchase order made under section 29A of this Act—
(a) shall designate the land to which it relates by reference to a map or maps annexed thereto, either with or without descriptive matter; and
(b) subject to that, shall be in such form as may be prescribed.
5 (2) In the case of any discrepancy between the map or maps and any such descriptive matter, the descriptive matter shall prevail except in so far as may be otherwise provided by the order.
10 2.—(1) After submitting the order to the Secretary of Stale, the acquiring authority shall publish a notice in the prescribed form describing the land, stating that an order authorising the compulsory acquisition thereof has been submitted to the Secretary of State, naming a place where a copy of the order and of the map or maps and any descriptive matter annexed thereto may be seen at any reasonable hour, and specifying the time (not being less than 28 days from the first local advertisement) within which, and the manner in which, objections to the order may be made.
15 (2) The notice required to be published by sub-paragraph (1)(a) above shall be published in the Edinburgh Gazette and, in each of two successive weeks, in one or more newspapers circulating in the County, and by affixing a copy of the notice, addressed to 'the owners and any occupiers' of the land (describing it), to some conspicuous object or objects on the land.
20 (3) Publication in accordance with the foregoing provisions of this paragraph shall be effected as soon as may be after the order has been submitted.
(4) In this paragraph 'the first local advertisement', in relation to a notice, means the first publication of the notice in a newspaper circulating in the County and includes, in relation to a notice so published once only, the publication thereof.
25 3. Subject to the provisions of paragraph 4 below in any case in which these provisions have effect, the Secretary of State may confirm the order with or without modification, but shall not, unless all persons interested consent, so modify it as to extend it to any land which was not designated by the order as submitted.
30 4.—(1) If any objection is duly made to the order and is not withdrawn, the following provisions of this paragraph shall have effect.
For the purposes of this Schedule an objection shall not be treated as duly made unless—
(a) it is made within the time and in the manner specified in the notice required by paragraph 2 above, and
35 (b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.
40 (2) Unless the Secretary of State decides apart from the objection not to confirm the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the Secretary of State shall, before making a final decision, consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.
(3) In so far as the Secretary of State, after considering the grounds of the objection as set out in the original statement and any such further statement, is satisfied—
45 (a) that the objection relates to a matter which can be dealt with by the Lands Tribunal for Scotland in assessing compensation, or
(b) that the objection is made on the grounds that the acquisition is unnecessary or inexpedient,
50 the Secretary of State may treat the objection as irrelevant for the purpose of making a final decision.

ment, alteration or building made for or in respect of any interest in the lands created after the 20th November 1972, if in the opinion of such tribunal the improvement, alteration or building or the creation of the interest in respect of which the claim is made was not reasonably necessary and was made or created with a view to obtaining or increasing purchase money or compensation under this Act.—[Mr. Grimond.]

Brought up, read the First and Second time, and added to the Bill

(4) If, after considering the grounds of the objection as set out in the original statement, and any such further statement, the Secretary of State is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection
55 relates, or if, where a further statement has been required, it is not submitted within the specified period the Secretary of State may make a final decision without further investigation as to those matters.
60 (5) Subject to sub-paragraphs (3) and (4) above, the Secretary of State, before making a final decision, shall afford to the objector an opportunity of appearing before and being heard by a person appointed for the purpose by the Secretary of State; and if the objector avails himself of that opportunity, the Secretary of State shall afford an opportunity of appearing and being heard on the same occasions to the acquiring authority and to any other persons to whom it appears to the Secretary of State to be expedient to afford it.
65 (6) Notwithstanding anything in the foregoing provisions of this paragraph, if it appears to the Secretary of State that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held : and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time when he so determines shall be dispensed with.
70 (7) In this paragraph any references to making a final decision, in relation to an order, is a reference to deciding whether to confirm the order or what modification, if any, ought to be made.
75 5. As soon as may be after the order has been confirmed the acquiring authority shall publish in one or more newspapers circulating in the county a notice in the prescribed form describing the land, stating that the order has been confirmed and naming a place where a copy of the order and of the map or maps and any descriptive matter annexed thereto may be seen at any reasonable hour, and shall serve a like notice on—
80 (a) any owner or occupier of any of the land thereby designated who, at any time after the publication of the notice of the order as submitted, has sent to the acquiring authority a request in writing to serve him with the notice required by this paragraph giving an address for service and the prescribed particulars of his interest;
85 (b) any person who has duly made an objection to the order and at the time of making it or thereafter has sent to the acquiring authority such a request as aforesaid; and
(c) such other persons, if any, as the Secretary of State may specify, whether individually or as members of a class of persons.
90 6. If any person aggrieved by a compulsory purchase order desires to question the validity thereof, or of any provisions contained therein, on the ground that it is not within the powers of this Act or that any requirement of this Act or any prescribed requirement has not been complied with in relation to the order, he may, within six weeks from the date on which notice of the confirmation or making of the order is first published in accordance with the provisions of this Schedule in that behalf make an application to the Court of Session; and on any such application to the Court—
95 (a) may by interim order suspend the operation of the order or any provisions contained therein either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and
100 (b) if satisfied that the order or any provision contained therein is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act or any prescribed requirement not having been complied with, may quash the order or any provision contained therein either generally or in so far as it affects any property of the applicant.
105 7. Subject to the provisions of paragraph 6 above, a compulsory purchase order shall not, either before or after it has been made or confirmed, be questioned in any legal proceedings whatsoever, and shall become operative on the date on which notice is first published as mentioned in the said paragraph 6.
110 8. In this Schedule 'prescribed' means prescribed by Regulations made under the New Towns (Scotland) Act 1968 and any such Regulations shall apply to anything authorised or required to be prescribed under this Schedule with the necessary modifications, as they apply to any like thing authorised or required to be prescribed under that Act.—[Mr. Grimond.]

Brought up, and read the First and Second time.

Amendment made : In line 103, at end, insert : 7. An order confirmed by the Secretary of State in accordance with the provisions of this Schedule shall be laid before both Houses of Parliament and shall be a statutory instrument subject to annulment in accordance with the provisions of section 5 of the Statutory Instruments Act 1946.—[Mr. Kinsey.] Schedule, as amended, added to the Bill.