Rush v Fife Regional Council
Rush v Fife Regional Council
- 1995
- Scots Law Times 1995 SLT 454-466(13) .
Extra division. Lords McClusky, Weir and Brand. 5 November 1993. Compulsory powers - purchase - compulsory purchase order - notice to treat - validity - nature and effect - description of land in compulsory purchase order followed in notice to treat - description conforming neither to description of land in proprietor`s title nor to area of land owned by proprietor - whether proprietor entitled to challenge validity of notice to treat where compulsory purchase order unchallenged by lapse of time - Lands Clauses Consolidation (Scotland) Act 1845 (8 & 9 Vict, c19), s17 - Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947 (10 & 11 Geo VI, c42), Sced 1, paras 2 and 15. Personal bar - waiver - whether waiver could operate in such a way as to permit a local authority, acting under its statutory powers, to avoid performance of its statutory duty -whether waiver could validate action, purportedly in pursuance of a statutory power, which was ultra vires.
ACQUISITION OF LAND (AUTHORISATION PROCEDURE) (SCOTLAND) ACT 1947
Compulsory purchase
LANDS CLAUSES CONSOLIDATION (SCOTLAND) ACT 1845
NOTICE TO TREAT
Extra division. Lords McClusky, Weir and Brand. 5 November 1993. Compulsory powers - purchase - compulsory purchase order - notice to treat - validity - nature and effect - description of land in compulsory purchase order followed in notice to treat - description conforming neither to description of land in proprietor`s title nor to area of land owned by proprietor - whether proprietor entitled to challenge validity of notice to treat where compulsory purchase order unchallenged by lapse of time - Lands Clauses Consolidation (Scotland) Act 1845 (8 & 9 Vict, c19), s17 - Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947 (10 & 11 Geo VI, c42), Sced 1, paras 2 and 15. Personal bar - waiver - whether waiver could operate in such a way as to permit a local authority, acting under its statutory powers, to avoid performance of its statutory duty -whether waiver could validate action, purportedly in pursuance of a statutory power, which was ultra vires.
ACQUISITION OF LAND (AUTHORISATION PROCEDURE) (SCOTLAND) ACT 1947
Compulsory purchase
LANDS CLAUSES CONSOLIDATION (SCOTLAND) ACT 1845
NOTICE TO TREAT