Compulsory purchase orders and acquiring authorities: guidance on how Scottish Ministers consider CPOs

3. Sending the Order to the Scottish Government for Determination

3.1. After serving notices and advertising the CPO the Acquiring Authority is ready to submit it to the Scottish Government for determination. Before doing so, the Acquiring Authority must ensure that it has completed the appropriate internal procedures and has the necessary authorisation to make the Compulsory Purchase Order (see guidance notes CPOGNAA/002 and CPOGNAA/003).

3.2. The Acquiring Authority should also ensure that enough information is available to enable Ministers to weigh the public benefit of the proposed scheme against the private rights of those whose interests are being compulsorily acquired. The Acquiring Authority should send all documents, evidence and information that it considers relevant. Circular 6/2011 provides full details but, in summary, this will include:

• The original signed hard copy of the Order and 2 certified copies ( please note that Order must have at least two inches of space on the front or back of the Order to allow any docquets to be attached);
• Copies of the Statement of Reasons, all plans and drawings and all adverts and public notices can be sent electronically;
• A General Certificate in support of the Order submission;
• A Protected Assets and Special Category Land Certificate.

3.3. The Acquiring Authority should also ensure that when submitting the CPO, that it includes enough information and evidence to satisfy Ministers that it has followed the correct procedures. The procedural requirements are generally contained in the amended 1947 Act and the Compulsory Purchase of Land (Scotland) Regulations 2003. However, some bespoke empowering legislation can also have additional requirements which must be followed. See CPOGNAA/001 for a list of common CPO powers.

3.4. Upon receipt of the Order and accompanying documents, the Scottish Government will seek to minimise the period of uncertainty for the people affected by reaching a decision as soon as is practicable. For example, depending on the complexity of the case officials will decide as quickly as possible whether an Inquiry is likely to be required and ask DPEA to schedule this into forward work plans.

3.5. Once an Order is submitted the Scottish Government will not normally agree to delay or postpone the decision making process unless there is a clear justification for doing so. Scottish Ministers will consider any requests to delay proceedings on its individual merits.

3.6. The Acquiring Authority should therefore not resolve to make a CPO and submit this to the Scottish Government unless it is ready to proceed with its scheme.

3.7. Progress updates or questions about a submitted CPO should be addressed to the appropriate Scottish Government Lead Officer.

Related applications or appeals

3.8. The Acquiring Authority should identify any related application(s) or appeal(s) that may need to be considered at the same time as the CPO.

3.9. The Acquiring Authority should consider carefully whether it can coordinate any other consenting procedures that it is responsible for ( e.g. planning permissions, wayleaves, stopping up orders or any other consents) to allow Ministers to consider related applications or appeals in a coordinated way.