The Transport Act 1962 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.Notice ID: GL1389613
The Transport Act 1962 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.
The Land at Port Dundas Compulsory Purchase Order 2016.
1. Notice is hereby given that the Scottish Ministers in exercise of the powers conferred by section 15A of the Transport Act 1962 has confirmed the Land at Port Dundas Compulsory Purchase Order 2016 submitted by the British Waterways Board operating as Scottish Canals (hereinafter referred to as "the acquiring authority").
2. The Order as confirmed provides for the purchase for the purpose of the acquiring authority's business, allowing the acquiring authority to fulfil their statutory functions through having all benefits of ownership, of the land described in the Schedule hereto.
3. A copy of the Order as confirmed and of the map referred to therein have been deposited at Scottish Canals, Canal House, 1 Applecross Street, Glasgow, G4 9SP and may be seen there without payment of fee between the hours of 9am and 5pm on business days.
4. The Order as confirmed became operative on 16th August 2018 being the date on which this notice is first published; but a person aggrieved by the Order may, in accordance with the provisions of paragraph 15 of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as extended by section 60 of the Land Compensation (Scotland) Act 1973, by application to the Court of Session within 6 weeks from that date, question its validity on the grounds that (i) that the authorisation granted by the Order is not empowered to be granted or (ii) that the applicant's interests have been substantially prejudiced by failure to comply with any statutory requirement relating to the Order.
5. The acquiring authority may acquire land to which this notice relates by making a general vesting declaration under section 195 of the Town and Country Planning (Scotland) Act 1997. Such a declaration shall not be exercised before the end of the period of two months beginning with the date of the first publication of this notice except with the consent of every occupier of the land affected. The effect of making such a declaration is to vest the land in the acquiring authority at the end of the appropriate period and is more fully explained in Form 8 (statement to be included in Form 4 when a general vesting declaration is to be made) contained in the Compulsory Purchase of Land (Scotland) Regulations 2003. A copy of the said Regulations has also been deposited and may be seen as aforesaid.
6. Persons entitled to claim compensation in respect of any interest in the land are invited to give information with respect to their name and address and the land and their interest therein on the prescribed form, a copy of which will be sent by the acquiring authority on application to Scottish Canals, c/o Morton Fraser LLP, Quartermile Two, 2 Lister Square, Edinburgh, EH3 9GL.
Date: 16th August 2018
Solicitor for British Waterways Board operating as Scottish Canals
Morton Fraser LLP
2 Lister Square
The plot references and areas referred to below correspond to those given in the Schedule and Map of the Land at Port Dundas Compulsory Purchase
Plot Numbers Description of the Land
1, 2 and 3 Land lying on the south side of North Canal Bank Street, Glasgow