Commentary on Sections Part 3 – Land Section 23 – Acquisition of land by agreement
80.This section enables the Scottish Ministers to acquire by agreement land which is within the limits of deviation or within schedule 9 (see section 22). Ministers can also by agreement acquire land outwith the land detailed in section 22 if it is to be used to mitigate adverse effects arising from the carrying out or operation of the Forth Crossing works or where the enjoyment of the land will be seriously affected by the carrying out or operation of such works.
81.Section 23(2) makes a necessary consequential amendment to the Land Compensation (Scotland) Act 1973 (c.56) to take works authorised by the Act out of the definition of “public works” contained in the relevant sections of that Act.