Compulsory Purchase - New Guidance

Compulsory purchase in Scotland is hardly new. This is amply demonstrated by the fact that parts of the relevant legislation goes back to 1845 and was presumably brought in at the time to facilitate many of the grand projects undertaken by our Victorian ancestors.

Given the current economic climate it seems unlikely that any deficiencies in the system of compulsory purchase is going to prove any great impediment to development. The contrary view is of course that in the current economic climate it is even more important to ensure there are no impediments in this area and this is very much the view of the Scottish Government. Accordingly they brought out revised and up to date guidance which if found in Circular 6/2011 – Compulsory Purchase Orders.

The substantive guidance which this Circular replaces dates from 1976. The underlying legislation however is substantially older though significant changes were brought about in 2007 as a result of the Transport & Works (Scotland) Act 2007. It is understood that the Scottish Law Commission is to look at the law in relation to compulsory purchase though it is unlikely that that review will start until late 2012.

The Circular is a helpful update in relation to compulsory purchase, the relevant law and the procedures which should apply. The Circular includes a number of appendices which contain useful factual guidance as well as practical advice in relation to the implementation of compulsory purchase schemes. Reading the Circular is a good starting point for anyone who is likely to be involved in compulsory purchase proceedings.

Appendix B contains a summary (albeit not an exclusive one) of the legislation which justifies the use of compulsory purchase powers and which bodies are entitled to promote compulsory purchase orders. Generally speaking most of the powers are capable of being relied upon by Scottish Ministers or local authorities but other bodies (generally with a public remit or role) can exercise compulsory purchase powers including police authorities, SNH, Scottish Enterprise, Highlands & Islands Enterprise, Scottish Waterways Board and Scottish Water. Some private organisations equally have compulsory purchase powers (or their equivalent) including electricity companies and pipeline operators.

The use of compulsory purchase powers or the threatened use of compulsory purchase powers can be controversial. For example there was significant controversy in relation to the Trump golf proposal...