BACKGROUND TO THE CONSULTATION
Introduction
The Scottish Government has been discussing compulsory purchase with a wide range of stakeholders from across the public sector, private sector and organisations that represent those affected by compulsory purchase. Many stakeholders feel that there are some issues that make compulsory purchase less effective than it could be. The main issues that emerged are:
- A lack of experience and unfamiliarity with the law.
- The process is perceived as complex and cumbersome. There is a need to make the process more effective and efficient, where possible.
- There is demand from stakeholders for clear guidance from the Scottish Government on the appropriate use of compulsory purchase. Current guidance dates from 1976.
- It is vitally important that authorities never lose sight of the people affected by compulsory purchase. The impact on someone of losing his or her home or business can be enormous. However, compulsory purchase need not be a heavy handed process if managed correctly. Key to this is the early, ongoing and meaningful consultation and engagement with those affected
- There is a widespread view among authorities with compulsory purchase powers that the law regarding compulsory purchase should be reformed, as the primary legislation dates back to 1845.
The Scottish Government's programme of work on compulsory purchase
For the longer term, Scottish Ministers have approved the Scottish Law Commission's current work programme. This includes a review of compulsory purchase law. However, this programme runs until the end of 2014. So law reform could be some way off.
To deliver more immediate improvements, the Scottish Government has undertaken a targeted programme to promote good practice under current legislation. Information about the Scottish Government's programme of work on compulsory purchase is available at www.scotland.gov.uk/cpo
As part of this programme the Scottish Government intends publishing two new circulars containing guidance on the use of compulsory purchase. One circular will provide guidance to authorities with compulsory purchase powers on using compulsory purchase appropriately and effectively. The other circular will amend the Crichel Down Rules, which set out the circumstances and basis on which surplus land that was compulsorily acquired is offered back to the former owner.
This consultation seeks views on these draft circulars. We will analyse the responses to this consultation and change the draft circulars where appropriate. We intend publishing the final version of the circulars in Summer 2011.