The Act Overview Compulsory acquisition of land Section 68: Compulsory acquisition of land by licence holder
150.Subsection (1) allows a licence holder, with the authorisation of the Scottish Ministers, to compulsorily acquire land required for the construction or operation of a heat network. This includes the power to acquire any interest in or over land, and servitudes or other rights (including the creation of new rights) in or over land (subsection (2)).
151.Subsection (3) prohibits the Scottish Ministers from authorising a licence holder from compulsorily acquiring land which forms part of the Queen’s private estates, unless the appropriate authority consents. Subsection (6) clarifies that the meaning of the Queen’s private estates is the same as that given in the Crown Private Estates Act 1862, while the meaning of an appropriate authority refers to the person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers.
152.Subsection (4) applies the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (the “1947 Act”) to the process of compulsory acquisition of land under this section. This means that licence holders will be able to compulsory acquire land by way of a compulsory purchase order under procedures that currently exist under the 1947 Act.
153.Subsection (5) provides that the power to compulsorily acquire land does not apply to land held or used by or on behalf of a Minister of the Crown or a department of the Government of the United Kingdom.
154.Subsection (7) provides a definition of a licence holder.