Compulsory Purchase Reform in Scotland

Closes 19 Dec 2025

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Chapter 3 - Enabling powers

Enabling powers say who can compulsorily purchase land and for what purposes. They relate to the statutory functions of the acquiring authority concerned, such as planning, housing, environmental protection or the provision of various types of infrastructure. Enabling powers also set out the nature of the interests that can be acquired and, in particular, whether this can include the creation of new rights short of full ownership (e.g. servitudes). Chapter 3 of the consultation paper asks whether there are any gaps in current enabling powers, and whether any new general powers should be created. 

3. With the exception of SOSE and Network Rail, are there any gaps in acquiring authorities’ enabling powers?

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We have spoken to a range of stakeholders and found that most public bodies have compulsory purchase powers that meet their needs. There are two notable exceptions, which we will explore further:

  • South of Scotland Enterprise (SOSE) does not have compulsory purchase powers (unlike Scottish Enterprise and Highlands and Islands and Enterprise)
  • although they can promote schemes under other legislation (TAWS), Network Rail have relatively limited general powers of compulsory purchase compared to other infrastructure providers
4. Are local authorities’ compulsory purchase powers sufficiently broad to cover the circumstances in which they may need to compulsorily acquire land in carrying out their statutory functions?

Local authorities' current powers are set out in the table at paragraph 3.8 of the consultation paper.

If not, please specify which powers require to be amended, clarified or supplemented.

5. Should there be a general power for acquiring authorities to create new rights in land and to attach conditions to such rights?

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In some circumstances, an acquiring authority may be able to do what it needs to do without purchasing the whole of the land permanently. It may only need to create a new right in land (such as a servitude allowing access). Or it may only need to use the land temporarily, for example for storage during construction of the project. These options can be less disruptive for owners, and less costly to the acquiring authority in terms of compensation. However, specific legislation is needed to allow acquiring authorities to do these things, and not all of them currently have those powers.

We propose to introduce general powers for acquiring authorities to create new rights in land - and to attach conditions to those rights - and to take temporary possession of land. 

6. Should there be a general power for acquiring authorities to seek temporary possession of land?

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In some circumstances, an acquiring authority may be able to do what it needs to do without purchasing the whole of the land permanently. It may only need to create a new right in land (such as a servitude allowing access). Or it may only need to use the land temporarily, for example for storage during construction of the project. These options can be less disruptive for owners, and less costly to the acquiring authority in terms of compensation. However, specific legislation is needed to allow acquiring authorities to do these things, and not all of them currently have those powers.

We propose to introduce general powers for acquiring authorities to create new rights in land - and to attach conditions to those rights - and to take temporary possession of land. 

7. Do you agree with the proposed list of matters that should be addressed in any new temporary possession power?

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We consider that the following would need to be set out in legislation to ensure use of any new temporary possession powers is proportionate and fair:

  • the process by which temporary possession is to be sought and authorised
  • the uses and works that may be carried out on land by the acquiring authority during the period of temporary possession
  • notice requirements prior to taking temporary possession of land
  • the maximum duration of possession (under the Waverley Railway Act this was one year following the completion of the works – unless agreed by owner)
  • the condition to which land is to be reinstated at the end of the period of temporary possession
  • compensation entitlement of affected parties
  • how disputes are to be settled.
8. How might the use of back-to-back CPOs be further encouraged?

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Compulsory purchase powers can be used to support projects which are to be financed or developed by (or in partnership with) a third party, such as a private developer, a community group or another public body. The acquiring authority can compulsorily purchase the land and then sell it to the third party. The same rules apply as for any other compulsory purchase, but it can help to deliver schemes that the acquiring authority could not achieve alone. 

These "back-to-back" CPO arrangements are covered in Circular 6/2011, but some authorities have limited awareness of such approaches. We would be interested in how the use of back-to-back CPOs might be encouraged – including whether more detailed guidance would be beneficial.