Compulsory Purchase Reform in Scotland

Compulsory purchase can be very stressful for those affected. Early engagement by the acquiring authority is vital and should be conducted sensitively. Explaining how the process works and exploring alternative solutions can help the process run more smoothly.

There is limited legislation around this stage of the process, but it is covered in guidance. This allows for flexibility to tailor the engagement to the needs of the situation. The approach needed for a single house CPO is likely to be very different from what is needed for a large transport project involving many owners. We therefore do not propose to introduce new statutory requirements in relation to early engagement.

Relevant guidance is provided in the following documents (links open in new windows):

• Circular 6/2011
• Guidance Note for Acquiring Authorities No. 2: What to do before developing a CPO
• Guide for Property Owners and Occupiers

For land referencing, Scottish Government guidance outlines a range of techniques that an acquiring authority may use to find out who owns and occupies a property and what other rights may be attached to it. Acquiring authorities in England and Wales have statutory powers to serve notice on specified persons, who must provide details about the ownership and occupation of the land identified in the notice. Failure to do so, or knowingly providing false or misleading information, is an offence.

Similar powers exist for some types of CPO in Scotland, but not all. We want to know whether it would be helpful to have a general power for all CPOs, as a back-stop to support other land referencing activities. We recognise that serving statutory notices, with offences for non-compliance, might have a negative effect on discussions between acquiring authorities and people affected by the CPO. It would be useful to hear from those with experience of practicing in England and Wales about how effective these powers are.

During the early stages of a project, an acquiring authority may need to enter land to carry out surveys or other work. This will help them to find out if it is suitable for the project and to inform the design, including possible alternative options. There is a general power for acquiring authorities to enter land for these purposes - they must give no less than three days notice and no more than fourteen days, and must pay for any damage caused. There are also specific powers for some acquiring authorities with different rules. This seems confusing and unhelpful.

We propose to take forward a new general power of entry for all acquiring authorities, with consistent rules that provide a better balance between the needs of the authority and the landowner.

(Paragraph 4.23 of the consultation paper)

We are minded to take forward a new general power for acquiring authorities to enter land in Scotland in advance of a CPO being made. We propose that such a power would replace section 83 of the 1845 Act and would:

• empower all acquiring authorities (including persons authorised in writing by the acquiring authority) to enter land for the purposes of surveying and valuing land – including carrying out environmental surveys – in connection with a proposal to acquire land
• not allow the use of force unless this has been authorised by a warrant issued by the relevant sheriff
• be subject to a minimum notice period of 14 days (no maximum notice period)
• be subject to a right to compensation for damage caused by the exercise of the power of entry
• provide that the notice given to the owner/occupier must:
  • specify the works and activities proposed to be carried out by the acquiring authority
  • state the recipient’s entitlement to compensation
  • include a copy of any associated warrant – if there is one
• include offence provisions where a person unreasonably obstructs the exercise of the power of entry
• make provision in respect of statutory undertakers’ right to object to the carrying out of certain work, where it would be seriously detrimental to the statutory undertaker carrying on its undertaking

We would anticipate publishing guidance on these powers to ensure appropriate and proportionate use. For example, in an agricultural context there may be particular issues to consider such as crop cycles and biosecurity arrangements.