Commentary on Sections Compensation Section 28 – Time limit on validity of notice to treat
138.Section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 which requires an acquiring authority to give notice of its intention to take land (that is, to serve a notice to treat), is incorporated with this Act by virtue of Section 47. In relation to compulsory purchase orders section 78 of the Planning and Compensation Act 1991 (c.34) limits the life of a notice to treat served under section 17 of the 1845 Act to three years from the date on which it is served. The effect of Section 28 is to apply the three-year limit under section 78 of the 1991 Act to a notice to treat served under this Act. Without this provision there would be a degree of uncertainty as to whether or when a notice to treat should be treated as having been abandoned.