iBet uBet web content aggregator. Adding the entire web to your favor.
Link to original content: http://www.legislation.gov.uk/ukpga/Geo6/10-11/42/schedules/1991-09-25/data.akn
Sch. 1 para. 3(b) modified by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), s. 107(3)
Words inserted by Crofting Reform (Scotland) Act 1976 (c. 21, SIF 2:4), s. 22(1), Sch. 2 para. 3
Sch. 1 para. 6 applied (with modifications) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 93, 335, Sch. 7 Pt. II para. 11
Sch. 1 para. 6 modified (27.5.1997) by 1997 c. 8, ss. 200(3), 278(2)
Part I applied with modifications by Opencast Coal Act 1958 (c. 69), ss. 4, 39, Sch. 2 Pt. I (as amended (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 38 (with s. 40(7); S.I. 1994/2553, art. 2)
Sch. 1 Pt. I applied (31.10.1994) by 1958 c. 69 s. 16(5) (as substituted by 1994 c. 21, s. 52, Sch. 8 para. 14(7) (with s. 40(7)); S.I. 1994/2553, art. 2)
Pt. III(paras. 8–14) applied with modifications by Water Act 1980 (c. 45, SIF 130), Sch. 2 para. 5
Pt. III(paras. 8–14) applied (with modifications) by Gas Act 1986 (c. 44, SIF 44:2), s. 9(3),
Pt. III(paras. 8–14) applied with modifications by Water Act 1980 (c. 45, SIF 130), Sch. 2 para. 5
Pt. III(paras. 8–14) applied (with modifications) by Gas Act 1986 (c. 44, SIF 44:2), s. 9(3),
Pt. III para. 9 which was repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 237(1), Sch 29 is revived by Local Government (Scotland) Act 1975 (c. 30, SIF 81:2), s. 38(1), Sch. 6 Pt. II para. 58
Pt. III para. 9 restricted Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1, 2), s. 120(2)
Pt. III(paras. 8–14) applied with modifications by Water Act 1980 (c. 45, SIF 130), Sch. 2 para. 5
Pt. III(paras. 8–14) applied (with modifications) by Gas Act 1986 (c. 44, SIF 44:2), s. 9(3),
Pt. III para. 11 applied by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), s. 111(2)
Words substituted by Town and Country Planning (Scotland) Act 1969 (c. 30), s. 32(1)
Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 35
Words in Sch. 1 Pt. III para. 11(2) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79(a), Sch. 17 Pt. I para. 3(a) (with s. 84(5)); S.I. 1991/2092, art.3
Sch. 1 Pt. III para. 11(3) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79(a), Sch. 17 Pt. I para. 3(b) (with s. 84(5)); S.I. 1991/2092, art.3
Pt. III para. 12 repealed by Ancient Monuments and Archaeological Areas Act 1979 (c. 46, SIF 3), Sch. 5 (by the note at the end of Sch. 5 it is provided that nothing in that Schedule shall affect the operation of any enactment in relation to which para. 1(1) of Sch. 3 to the repealing Act applies)
Pt. III(paras. 8–14) applied with modifications by Water Act 1980 (c. 45, SIF 130), Sch. 2 para. 5
Pt. III(paras. 8–14) applied (with modifications) by Gas Act 1986 (c. 44, SIF 44:2), s. 9(3),
Pt. III(paras. 8–14) applied with modifications by Water Act 1980 (c. 45, SIF 130), Sch. 2 para. 5
Pt. III(paras. 8–14) applied (with modifications) by Gas Act 1986 (c. 44, SIF 44:2), s. 9(3),
Part III applied with modifications by Opencast Coal Act 1958 (c. 69), ss. 4, 39 Sch. 2 Pt. I (as amended (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 38 (with s. 40(7); S.I. 1994/2553, art. 2)
Sch. 1 Pt. III applied (31.10.1994) by 1958 c. 69, s. 16(5) (as substituted by 1994 c. 21, s. 52, Sch. 8 para. 14(7) (with s. 40(7); S.I. 1994/2553, art. 2)
Sch. 1 Pt. III applied (with modifications) (26.3.2001) by 2000 c. 26, s. 95,
Pt. IV para. 15 amended by Land Compensation (Scotland) Act 1973 (c. 56, SIF 28:2), s. 60
Pt. IV para. 15 applied (with modifications) by Gas Act 1986 (c. 44, SIF 44:2), s. 9(3), Sch. 3 Pt. III paras. 16, 23
Pt. IV para. 15 applied (with modifications) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 93, 335, Sch. 7 Pt. II para. 11
Para. 15 applied with modification by Agriculture Act 1967 (c. 22), s. 45, Sch. 5 Pt. I para. 7
Sch. 1 para. 15(2) repealed by Tribunals and Inquiries Act 1958 (c. 66), Sch. 2 Pt. I
Pt. IV para. 16 applied (with modifications) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 93, 335, Sch. 7 Pt. II para. 11
Para. 16 applied with modifications by Agriculture Act 1967 (c. 22), s. 45, Sch. 5 Pt. I para. 7
Pt. IV applied with modifications by Water (Scotland) Act 1980 (c. 45, SIF 130), Sch. 2 para. 7
Part IV applied with modifications by Opencast Coal Act 1958 (c. 69), ss. 4, 39, Sch. 2 Pt. I (as amended (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 38 (with s. 40(7); S.I. 1994/2553, art. 2) and Gas Act 1965 (c. 36), s. 4(8); Sch. 2 paras. 11, 17
Sch. 1 Pt. IV applied (31.10.1994) by 1958 c. 69, s. 16(5) (as substituted by 1994 c. 21, s. 52, Sch. 8 para. 14(7) (with s. 40(7)); S.I. 1994/2553, art. 2)
Pt. IV para. 19 applied by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 93, 335, Sch. 7 Pt. III para. 13(5)
Sch. 1 para. 19 applied (with modifications) (27.7.1993) by 1993 c. xii, s. 1, Sch. Pt. II para.15
Sch. 1 para. 19 applied (with modifications) (24.3.1994) by 1994 c. i, s. 1, Sch. 1 Pt. III, s. 28 (with Sch. ss. 29, 30, 34(2)(15)
Sch. 1 para. 19 applied (with modifications) (24.3.1994) by 1994 c. ii, s. 1, Sch. Pt. III, s. 24 (with Sch. s. 25)
Sch. 1 para. 19 applied (with modifications) (24.3.1994) by 1994 c. iii, s. 1, Sch. Pt. III, s. 26 (with Sch. s. 27
Para. 19 applied with modifications by Agriculture Act 1967 (c. 22), s. 45, Sch. 5 Pt. I para. 7
Pt. IV para. 19(4) substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), Sch. 2 para. 6
Sch. 1 para. 19 amended (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79(a), Sch. 17 para.4 (with s. 84(5)); S.I. 1991/2092, art.3
Sch. 1 applied by Offshore Petroleum Development (Scotland) Act 1975 (c. 8, SIF 86), s. 1, Sch. 2 para. 1
Sch. 1 extended by Offshore Petroleum Development (Scotland) Act 1975 (c. 8, SIF 86), s 1, Sch. 2 para. 1(1)(b)
Sch. 2 para. 1 modified (27.5.1997) by 1997 c. 8, ss. 200(4), 278(2)
Sch. 2 para. 3 modified by Land Compensation (Scotland) Act 1973 (c. 56, SIF 28:2) s. 51(1)
Para. 3 excluded by Agriculture Act 1967 (c. 22), s. 49(7)(ii); modified by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 14(3), Sch. 4 paras. 4, 5
Sch. 2 para. 3 modified (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 57(4), 89(2), Sch. 8, para. 6(b) (with s. 45(3), Sch. 12 para. 3)
Sch. 2 para. 3 extended (27.5.1997) by 1997 c. 8, ss. 105(7), 278(2)
Sch. 2 para. 3 excluded (27.5.1997) by 1997 c. 8, ss. 195, 278(2), Sch. 15 Pt. II para. 17
Sch. 2 para. 3 applied (27.5.1997) by 1997 c. 8, ss. 195, 278(2), Sch. 15 Pt. II para. 30
Sch. 2 para. 3(1) modified by Gas Act 1986 (c. 44, SIF 44:2), s. 9(3), Sch. 3 Pt. II para. 10, Pt. III para. 21
Sch. 2 para. 3(1) excluded (25.9.1991) by Land Compensation (Scotland) Act 1973 (c. 56, SIF 28:2), s. 48A(9)(inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 73(2)(with s. 84(5)); S.I. 1991/2092, art.3
Sch. 2 para. 4 amended by Land Compensation (Scotland) Act 1973 (c. 56, SIF 28:2), s. 54(1)
Sch. 2 para. 4 modified by Land Compensation (Scotland) Act 1973 (c.56, SIF 28:2), s. 63(3)
Sch. 1 para. 4 excluded (27.5.1997) by 1997 c. 8, ss. 195, 278(2), Sch. 15 Pt. II para. 19
Sch. 2 para. 4: by Gas Act 1986 (c. 44) , s. 9(3), Sch. 3 para. 22 it is provided that for para. 4 there shall be substituted the provisions substituted by paragraph 8 of that Schedule for section 8(1) of the Compulsory Purchase Act 1965 (c. 56), and that any reference in those provisions to the Lands Tribunal shall be construed as a reference to the Lands Tribunal for Scotland.
Pt. I applied with modifications by Land Commission Act 1967 (c. 1), s. 10(1)(4)
Sch. 2 Pt. III, Sch. 3 repealed by Statute Law Revision Act 1953 (c. 5)
Sch. 2 modified (27.5.1997) by 1997 c. 8, ss. 195, 278(2), Sch. 15 Pt. I para. 6
Sch. 2 Pt. III, Sch. 3 repealed by Statute Law Revision Act 1953 (c. 5)
Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289C, 289G
Sch. 5 repealed by Statute Law Revision Act 1950 (14 Geo. 6 c. 6)
Pt. III(paras. 8–14) applied with modifications by Water Act 1980 (c. 45, SIF 130), Sch. 2 para. 5
Pt. III(paras. 8–14) applied (with modifications) by Gas Act 1986 (c. 44, SIF 44:2), s. 9(3),
Pt. III para. 10 excluded by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:1, 2), s. 218(1)
Functions of Minister of Transport under para. 10 in relation to lighthouse undertakings now exercisable by Board of Trade or Secretary of State; S.I. 1953/1204 (1953 I, p. 1225), 1959/1768 (1959 I, p. 1793), 1965/145 and 1970/1681
Sch. 1 para. 10 excluded (27.5.1997) by 1997 c. 8, ss. 223(2), 278(2), Sch. 9 para. 15(4), Sch. 10 para. 13(4)
Words in Sch. 1 Pt. III para. 10 inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79(a), Sch. 17 Pt. I para.2 (with s. 84(5)); S.I. 1991/2092, art. 3
Pt. III para. 10A inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 Pt. II para. 5
Section 1.
A compulsory purchase order authorising a compulsory purchase by a local authority (hereafter in this Schedule referred to as the “
The compulsory purchase order shall be in the prescribed form and shall describe by reference to a map the land to which it applies.
Before submitting the order to the confirming authority, the acquiring authority shall—
in two successive weeks publish in one or more local newspapers circulating in the locality in which the land comprised in the order is situated a notice in the prescribed form stating that the order has been made and is about to be submitted for confirmation and the purpose for which the land is required, describing the land, naming a place within the locality where a copy of the order and the map referred to therein may be inspected, and specifying the time (not being less than twenty-one days from the first publication of the notice) within which and the manner in which objections to the order can be made;
serve on every owner, lessee and occupier (except tenants for a month or any period less than month) of any land comprised in the order a notice in the prescribed form stating the effect of the order and that it is about to be submitted for confirmation, and specifying the time (not being less than twenty-one days from the service of the notice) within which and the manner in which objections thereto can be made.
If no objection is duly made by any such person as aforesaid
If any objection duly made as aforesaid is not withdrawn, the confirming authority shall, before confirming the order, either cause a public local inquiry to be held or afford to any person by whom any objection has been duly made as aforesaid and not withdrawn an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose, and after considering the objection and the report of the person who held the inquiry or the person appointed as aforesaid, may confirm the order either with or without modifications.
If any person by whom an objection has been made avails himself of the opportunity of being heard, the confirming authority shall afford to the acquiring authority, and to any other persons to whom it appears to the confirming authority expedient to afford it, an opportunity of being heard on the same occasion.
Notwithstanding anything in the two last preceding sub-paragraphs, the confirming authority may require any person who has made an objection to state in writing the grounds thereof, and may disregard the objection for the purposes of this paragraph if the confirming authority is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed.
The order as confirmed by the confirming authority shall not, unless all persons interested consent, authorise the acquiring authority to purchase compulsorily any land which the order would not have authorised that authority so to purchase if it had been confirmed without modification.
As soon as may be after the order has been confirmed, the acquiring authority shall publish in one or more local newspapers circulating in the locality in which the land comprised in the order is situated a notice in the prescribed form describing the land, stating that the order has been confirmed and naming a place where a copy of the order as confirmed and of the map referred to therein may be inspected at all reasonable hours, and shall serve a like notice and a copy of the order as confirmed on any persons on whom notices with respect to the land comprised in the order were required to be served under paragraph 3 of this Schedule.
A compulsory purchase order authorising a compulsory purchase by a Minister in a case falling within subsection (1) of section one of this Act shall be prepared in draft and made by the Minister in accordance with the following provisions of this Schedule.
The order shall describe by reference to a map the land to which it applies.
Subject as aforesaid, the form of the order shall be such as the Minister may determine.
Paragraphs 3 to 6 of this Schedule shall have effect in relation to the order with the substitution, for references to the confirming authority and to the acquiring authority, of references to the Minister, and, for references to an order submitted and to the confirmation of an order, of references to an order as prepared in draft and to the making of an order, and with the omission in sub-paragraph (3) of paragraph 4 of the reference to the acquiring authority, so however that the publication and service or affixing of notices required by paragraph 3 shall be effected as soon as may be after the draft of the order has been prepared, and the provisions of that paragraph as to the notice thereby required shall apply subject to such modifications of the form of the notice as appear to the Minister to be requisite.
The following provisions of this Part of this Schedule shall have effect in the case of land of the descriptions specified in subsection (2) of section one of this Act.
A compulsory purchase order shall, in so far as it authorises the compulsory purchase of land which is the property of a local authority, or has been acquired by statutory undertakers, not being a local authority, for the purposes of their undertaking or of land belonging to the National Trust for Scotland which is held by the Trust inalienably, be subject to special parliamentary procedure in any case where an objection has been duly made by the local authority or the statutory undertakers or the National Trust for Scotland, as the case may be, and has not been withdrawn.
Where a compulsory purchase order has been submitted or prepared and the land comprised in the order includes land which has been acquired by statutory undertakers for the purposes of their undertaking, then if on a representation made to the appropriate Minister before the expiration of the time within which objections to the order can be made, the appropriate Minister is satisfied—
that any of the said land is used for the purposes of the carrying on of their undertaking, or
that an interest in any of the said land is held for those purposes,
that it can be purchased and not replaced without serious detriment to the carrying on of the undertaking, or
that if purchased it can be replaced by other land belonging to, or available for acquisition by, the undertakers without serious detriment to the carrying on thereof,
and certifies accordingly.
In paragraphs 9 and 10 of this Schedule “statutory undertakers” include—
a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990; and
a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act 1978;
but in relation to a health service body, as so defined, any reference in those paragraphs to land acquired or available for acquisition by the statutory undertakers shall be construed as a reference to land acquired or available for use by the Secretary of State for use or occupation by that body.
In so far as a compulsory purchase order authorises the purchase of any land forming part of a common or open space, the order shall be subject to special parliamentary procedure unless the Secretary of State is satisfied—
that there has been or will be given in exchange for such land other land, not being less in area (unless the persons in whom the land was vested otherwise agree) and being equally advantageous to the persons, if any, entitled to rights of common or other rights, and to the public, and that the land given in exchange has been or will be vested in the persons in whom the land purchased was vested, and subject to the like rights, trusts and incidents as attach to the land purchased, or
and certifies accordingly.
Where it is proposed to give a certificate under this paragraph, the Secretary of State shall
after affording opportunity to all persons interested to make representations and objections in relation thereto, and
after causing a public local inquiry to be held in any case where it appears to him to be expedient so to do, having regard to any representations or objections made,
he may, after considering representations and objections made and, if an inquiry has been held, the report of the person who held the inquiry, give the certificate.
Notice under sub-paragraph (2) of this paragraph shall be given in such form and manner as the Secretary of State may direct.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
As soon as may be after the giving of a certificate under this Part of this Schedule, the local authority or Minister by whom the compulsory purchase order was submitted or prepared shall publish in one or more local newspapers circulating in the locality in which the land comprised in the order is situated a notice in the prescribed form stating that the certificate has been given.
In the case of land falling within two or more of the preceding paragraphs of this Part of this Schedule, a compulsory purchase order shall be subject to special parliamentary procedure if required to be subject thereto by any of the said paragraphs.
If any person aggrieved by a compulsory purchase order desires to question the validity thereof, or of any provision contained therein, on the ground that the authorisation of a compulsory purchase thereby granted is not empowered to be granted under this Act or any such enactment as is mentioned in subsection (1) of section one of this Act, or if any person aggrieved by a compulsory purchase order or a certificate under Part III of this Schedule desires to question the validity thereof on the ground that any requirement of this Act or of any regulation made thereunder has not been complied with in relation to the order or certificate, he may, within six weeks from the date on which notice of the confirmation or making of the order or of the giving of the certificate is first published in accordance with the provisions of this Schedule in that behalf, make an application to the Court of Session, and on any such application the Court—
may by interim order suspend the operation of the compulsory purchase order or any provision contained therein, or of the certificate, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;
if satisfied that the authorisation granted by the compulsory purchase order is not empowered to be granted as aforesaid, or that the interests of the applicant have been substantially prejudiced by any requirement of this Schedule or of any regulation made thereunder not having been complied with, may quash the compulsory purchase order or any provision contained therein, or the certificate, either generally or in so far as it affects any property of the applicant.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to the provisions of the last foregoing paragraph a compulsory purchase order or a certificate under Part III of this Schedule shall not, either before or after it has been confirmed, made or given, be questioned in any legal proceedings whatsoever, and shall become operative on the date on which notice is first published as mentioned in the last foregoing paragraph.
This Part of this Schedule shall not apply to an order which is confirmed by Act of Parliament under subsection (4) of section two, as read with section ten, of the Statutory Orders (Special Procedure) Act
Anything required or authorised by this Schedule to be prescribed shall be prescribed by regulations made by the Secretary of State.
Any notice or other document required or authorised to be served under this Schedule may be served on any person either by delivering it to him, or by leaving it at his proper address, or by post, so however that the document shall not be duly served by post unless it is sent by registered letter.
Any such document required or authorised to be served upon an incorporated company or body shall be duly served if it is served upon the secretary or clerk of the company or body.
For the purposes of this paragraph and of section twenty-six of the Interpretation Act,
Provided that where the person to be served has furnished an address for service, his proper address for the purposes aforesaid shall be the address furnished.
Where the maker of the order in connection with which the document is to be served is satisfied, after reasonable inquiry, that it is not practicable to ascertain (either or both)—
the name;
the address,
of a person to be served, the document shall be taken to be duly served if, being addressed to that person either by name or by the description of ’’the owner’’, ’’the lessee’’ or ’’the occupier’’ of the land (describing it) to which the order relates, as the case may be, and being plainly identifiable as a document of importance, it is delivered to some person on the land, or, if there is no such person thereon to whom it may be delivered, it (or a copy of it) is affixed to some conspicuous part of the land.
In relation to any compulsory purchase to which the provisions of the foregoing Schedule apply, the Lands Clauses Acts and section six of the Railways Clauses Consolidation (Scotland) Act,
the enactment under which the purchase is authorised and the compulsory purchase order shall be deemed to be the special Act;
references to the promoters of the undertaking shall be construed as references to the authority authorised by the compulsory purchase order to purchase the land.
The following sections of the Lands Clauses Consolidation (Scotland) Act,
sections one hundred and twenty to one hundred and twenty-five (which relate to the sale of superfluous land);
in the case of a purchase under the Housing (Scotland) Acts, 1925 to 1935, and in any other case in which the compulsory purchase order so provides, section one hundred and twenty-seven (which relates to promoters making good deficiencies in land tax and rates); and
sections one hundred and forty-two and one hundred and forty-three (which relate to access to the special Act).
Where a local authority or Minister have been authorised in accordance with the provisions of section one of this Act to purchase any land compulsorily, then, at any time after serving notice to treat and after serving on the owner, lessee and occupier of the land not less than fourteen days’ notice, the authority or Minister may enter on and take possession of the land or such part thereof as is specified in the notice without previous consent or compliance with sections eighty-three to eighty-eight of the Lands Clauses Consolidation (Scotland) Act, 1845, but subject to the payment of the like compensation for the land of which possession is taken, and interest on the compensation awarded, as would have been payable if those provisions had been complied with.
Paragraph 19 of the foregoing Schedule shall apply to the service of notices under this paragraph.
The following provisions shall have effect in substitution for the provisions of section ninety of the Lands Clauses Consolidation (Scotland) Act, 1845, that is to say, no person shall be required to sell a part only of any house, building or manufactory, or of a park or garden belonging to a house, if he is willing and able to sell the whole of the house, building, manufactory, park or garden, unless the tribunal by whom the compensation is to be assessed determines that, in the case of a house, building or manufactory, such part as is proposed to be taken can be taken without material detriment to the house, building or manufactory, or, in the case of a park or garden, that such part as aforesaid can be taken without seriously affecting the amenity or convenience of the house, and, if the tribunal so determines, the tribunal shall award compensation in respect of any loss due to the severance of the part so proposed to be taken, in addition to the value of that part, and thereupon the party interested shall be required to sell to the acquiring authority that part of the house, building, manufactory, park or garden.
Notices required to be served by the acquiring authority may, notwithstanding anything in section eighteen of the Lands Clauses Consolidation (Scotland) Act,
A compulsory purchase order may make provision for the incorporation with the enactment under which the purchase is authorised of section seventy of the Railways Clauses Consolidation (Scotland) Act,
Such provision may be made as to all or any of the land to which the compulsory purchase order relates, and may include such modification of references in the said sections to the railway or works, or to the company, as may be specified in the order, and sub-paragraph (a) of paragraph 1 of this Schedule shall apply for the construction of the said sections as incorporated by the order.
The arbiter shall not take into account any interest in land, or any enhancement of the value of any interest in land by reason of any building erected, work done, or improvement or alteration made, whether on the land purchased or on any other land with which the claimant is, or was at the time of the erection, doing or making of the building, works, improvement or alteration directly or indirectly concerned, if the arbiter is satisfied that the creation of the interest, the erection of the building, the doing of the work, the making of the improvement or the alteration, as the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5.
The Minister shall appoint a person to hold the inquiry and to report thereon to him.
The person appointed to hold the inquiry shall notify any person who has lodged, and has not withdrawn, objections in relation to any matter in question at the inquiry, and shall publish in such newspaper or newspapers as the Minister may direct a notice of the time when and the place where the inquiry is to be held.
The person appointed to hold the inquiry may, on the motion of any party thereto or of his own motion, serve a notice in writing on any person requiring him to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry:
Provided that—
no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides unless the necessary expenses are paid or tendered to him; and
nothing in this subsection shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.
The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in lieu of evidence on oath by any person, a statement in writing by that person.
Any person who refuses or wilfully neglects to attend in obedience to a notice under paragraph 3 of this Schedule or to give evidence or who wilfully alters, suppresses, conceals, destroys, or refuses to produce, any book or document which he may be required to produce by any such notice shall be liable on summary conviction to a fine not exceeding
Where the inquiry arises out of a proposed acquisition of land by a local authority or the proposed extinction of a right of way over land acquired or proposed to be acquired by a local authority—
the expenses incurred by the Minister in relation to the inquiry (including such reasonable sum as the Minister may determine for the services of the person appointed to hold the inquiry) shall be paid by such of the parties to the inquiry in such proportions as the Minister may order; and
the Minister may make orders as to the expenses incurred by the parties to the inquiry and as to the parties by whom such expenses shall be paid.
Any order by the Minister under paragraph 6 of this Schedule may be enforced in like manner as a recorded decree arbitral.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .