The purpose of this paper is to provide an update on the work of the Scottish Government in modernising the Scottish compulsory purchase system by publishing two fresh circulars to guide acquiring authorities and a number of other measures short of legislation. It is anticipated that this will be the first stage in a programme which will be followed by an examination of primary legislation by the Scottish Law Commission in its eighth programme of law reform.
The paper explains the current Scottish system with a brief historical review, comments on the new circulars and the intentions and aspirations that lie behind them.
The Scottish compulsory purchase system has not had the revisions of 1965 and 2004 implemented by its English neighbour. It still relies on the original 1845 legislation and circulars issued in 1976 and 1992. The new circulars are helpful to acquiring authorities, particularly those who use the system infrequently and are a useful updating and reference source for professional practitioners.
This is a professional paper designed to draw attention to two new circulars and the policy thinking and aspirations underpinning them.
Compulsory purchase processes strike the delicate balance between the private property rights of individuals and corporations, and the needs of the community to obtain and use land that may lie in private ownership. The paper introduces two circulars that affect that balance.
The paper introduces the new compulsory purchase circulars to practitioners undertaking compulsory purchase work and to those academics involved in this discipline.
