Commentary on Sections Part 3 – Land Section 22 – Compulsory acquisition of land
77.Section 22 provides the power for the Scottish Ministers to compulsorily acquire land. Under paragraph (a) the land that may be acquired must be within the limits of deviation and it must be land that is required for the purposes of the Forth Crossing works. The limits of deviation are shown on the plans and the land is described in the Book of Reference (as defined in section 79).
78.Paragraph (b) provides that the land(11) specified in schedule 9 may be acquired compulsorily provided that it is required for the purposes of the Forth Crossing works. Schedule 9 is in two Parts: Part 1 describes land that is to be acquired compulsorily and Part 2 describes land over which only rights can be taken.
79.The power conferred by section 22 is subject to the time limit in section 29.