Planning Circular 6/2011: Compulsory purchase orders

Circular 6/ 2011: Compulsory Purchase Orders

1. This circular sets out Scottish Government policy on the use of compulsory purchase orders in Scotland.

2. The circular covers compulsory purchase authorised by an order made under Part I of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ('the 1947 Act'). The 1947 Act regulates most uses of compulsory purchase. However, compulsory purchase powers can also be derived from private legislation or by an order under the Transport and Works (Scotland) Act 2007 (' TAWS') ¹ . The procedure to be used in these cases is different but much of the policy in this circular is still relevant.

3. Compulsory purchase orders promoted by Scottish Ministers or Ministers of the UK Government are processed under separate but very similar procedures ² . Transport Scotland has published separate guidance on the procedures that Scottish Ministers follow when using compulsory purchase for road projects ³ .

4. This circular cancels and replaces circular 42/1976. It also amends circular 21/1991 and circular 17/1998.

5. In this circular the word 'land' means all interests in land and any buildings on that land. The word 'authority' means any organisation with the power to make a compulsory purchase order. Unless the context suggests otherwise, where the circular refers to 'people' affected by compulsory purchase, it means individuals, businesses or organisations.

6. This circular is not a statement of the law and is not meant to replace professional advice.

7. You can find out more about compulsory purchase, including updates from the Scottish Government and contact points, at www.scotland.gov.uk/cpo . Any enquiries about this Circular should be addressed to The Scottish Government, Directorate for the Built Environment, Area 2H, Victoria Quay, Edinburgh, EH6 6QQ. Telephone: 0131 244 7888. Copies of this circular can be obtained from the Scottish Government's website: www.scotland.gov.uk/Topics/Built-Environment/planning