Commission looks to achieve modern compulsory purchase law

A comprehensive review of compulsory purchase law in Scotland has been undertaken by the Scottish Law Commission in a project to modernise the law.

Published today, the Commission's Discussion Paper on Compulsory Purchase in Scotland contains 21 chapters and 364 pages covering all aspects of the law.

The essential problem the Commission sees is that the law on compulsory purchase is largely set out in legislation dating from the middle of the 19th to the middle of the 20th centuries, and is therefore largely out of date. The new paper sets out the current law and asks questions about how it could be improved – including the question of compensation.

Patrick Layden QC, the lead commissioner on the project, said: “We can’t do without a system of compulsory purchase. But if we are going to have one, it should work properly, so that everyone affected knows where they stand. The law in Scotland is out of date and gives rise to considerable difficulties in practice. Once we have the views of the public and practitioners, the Law Commission will put together a report and draft legislation for consideration by Scottish ministers.”

Click here to access the paper. Submissions are invited until 19 June 2015, though the Commission will welcome comments as soon as possible.