Compulsory Purchase Order

1. Notice is hereby given that the Scottish Ministers (hereinafter referred to as “the acquiring authority”), in exercise of the powers conferred by sections 103 to 108 inclusive of the Roads (Scotland) Act 1984 as read with section 110(2) of that Act, have made with modifications a Compulsory Purchase Order entitled “The A9 Trunk Road (Killiecrankie to Glen Garry) Compulsory Purchase Order 2024”.

2. The Order as made provides for the purchase of, and creation of rights over, the land described in the Schedule hereto, for the purpose of improving and constructing new lengths of the M9/A9 Edinburgh – Stirling – Thurso Trunk Road between Killiecrankie and Glen Gary, in the County of Perthshire by widening and reconstructing the existing single carriageway to form a new dual carriageway section.

3. A copy of the Order and of the relevant plans referred to therein may be inspected, free of charge, from 18 October 2024 to 29 November 2024 during normal opening hours at the following locations:-

National Trust for Scotland Visitor Centre, Killiecrankie, Pitlochry, PH16 5LG

Transport Scotland, George House, 2^nd Floor, 36 North Hanover Street, Glasgow, G1 2AD

A copy of the Orders and Plans and this Notice can be viewed on the Transport Scotland website at:

https://www.transport.gov.scot/projects/a9-dualling-perth-to-inverness/a9-killiecrankie-to-glen-garry/.

4. The Order as made becomes operative on the 18 October 2024 being the date on which this notice is first published; but any person aggrieved by the Order may, in accordance with the provisions of paragraph 15 of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as extended by section 60 of the Land Compensation (Scotland) Act 1973, by application to the Court of Session within 6 weeks from that date, question its validity on the grounds (i) that the authorisation granted by the Order is not empowered to be granted or (ii) that the applicant’s interests have been substantially prejudiced by failure to comply with any statutory requirement relating to the Order.

5. The acquiring authority may acquire the land to which this notice relates by making a General Vesting Declaration under section 195 of the Town and Country Planning (Scotland) Act 1997. Such a declaration shall not be executed before the end of the period of two months beginning with the date of the first publication of this notice except with the consent of every occupier of the land affected. The effect of the making of such a declaration is to vest the land in the acquiring authority at the end of the appropriate period and is more fully explained in Form 8 (Statement to be included in Form 4 where a general vesting declaration is to be made) contained in the Compulsory Purchase of Land (Scotland) Regulations 2003. A copy of the said Regulations has been deposited and may be seen as aforesaid. A copy of the said Regulations can also be viewed on Transport Scotland’s website at the link above.

6. Persons entitled to claim compensation in respect of any interest in the land in respect of which a notice to treat has not been given are invited to give information with respect to their name and address and the land and their interest therein on the prescribed form (Form 9) a copy of which is sent with this notice. An electronic version of this form is available on the Transport Scotland website at: https://www.transport.gov.scot/projects/a9-dualling-perth-to-inverness/a9-killiecrankie-to-glen-garry/.

Completed forms can be emailed to A9dualling@transport.gov.scot or returned to Director of Major Projects, George House, 2nd Floor, 36 North Hanover Street, Glasgow G1 2AD.

L. SHACKMAN
A member of staff of the Scottish Ministers
Transport Scotland
Major Projects
George House
2nd Floor
36 North Hanover Street
Glasgow
G1 2AD

25 September 2024

Schedule

Land comprised in the Order as made

The plot references and areas referred to below correspond to those given in the Schedule and plan annexed to “the A9 Trunk Road (Killiecrankie to Glen Garry) Compulsory Purchase Order 2024”.

For full Schedule please see PDF below.

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Compulsory Purchase Order - Made

The Roads (Scotland) Act 1984 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

The Scottish Ministers (hereinafter referred to as “the acquiring authority”) in exercise of the powers conferred by sections 103 to 108 inclusive as read with section 110(2) of the Roads (Scotland) Act 1984 hereby make the following compulsory purchase order-

1. This Order may be cited as the A9 Trunk Road (Killiecrankie to Glen Garry) Compulsory Purchase Order 2024.

2. Subject to the provisions of this Order, the acquiring authority are hereby authorised to purchase compulsorily for the purpose of improving, and constructing new lengths of, the M9/A9 Edinburgh - Stirling - Thurso Trunk Road between Killiecrankie and Glen Garry in the vicinity of Blair Atholl, Perthshire, the land and servitude rights which are described in the Schedule hereto and are numbered and shown delineated in red and coloured pink and blue on the map signed with reference to this Order and marked “Map referred to in the A9 Trunk Road (Killiecrankie to Glen Garry) Compulsory Purchase Order 2024”.

3. In relation to the foregoing purchase section 70 of the Railways Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923 are hereby incorporated with the enactment under which the said purchase is authorised, subject to the modifications that references in the said sections to the company shall be construed as references to the acquiring authority and references to the railway or works shall be construed as references to the land authorised to be purchased and any building or works constructed or to be constructed thereon.

4. For the purpose of the said section 71 of the Railways Clauses Consolidation (Scotland) Act 1845, as incorporated in this Order, the prescribed distance in relation to any seam of minerals lying under land adjoining the works to be constructed upon the land described in the Schedule hereto shall be such a lateral distance from the said works on every side thereof as is equal at every point along the said works to one half of the depth of the seam below the natural surface of the ground at that point or 37 metres (40 yards), whichever is the greater.

Subscribed by Lawrence Shackman being an officer of the Scottish Ministers at Glasgow on the Twenty-Fifth day of September Two Thousand and Twenty-Four before this witness, Rebecca Sinclair, Civil Servant, George House, 2nd Floor, 36 North Hanover Street, Glasgow, G1 2AD.

Schedule

In this Schedule: -

1. All the land described is situated in the County of Perthshire.

2. The “A9” means that part of the existing M9/A9 Edinburgh - Stirling - Thurso Trunk Road between Killiecrankie and Glen Garry in the vicinity of Blair Atholl, Perthshire.

3. Where all or part of a plot or a title condition is being taken over all or part of a plot which forms part of a title or titles registered in the Land Register of Scotland, the Land Register of Scotland Title Number is given at the end of the description or the Lessees and Occupiers column.

4. The number of the individual sheet (herein after referred to as “CPO sheet”) within the said map on which the plot is shown is given at the end of the description.

See PDF below for full version of the Schedule.

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The Compulsory Purchase of Land (Scotland) Regulations 2003

Unknown Land Owner Notice

To: The owner/lessee or occupier

Of: Plots 119, 743, 744, 762, 763, 770, 810 & 844

1. Notice is hereby given that the Scottish Ministers (hereinafter referred to as “the acquiring authority”), in exercise of the powers conferred by sections 103 to 108 inclusive of the Roads (Scotland) Act 1984 as read with section 110(2) of that Act, have made, with modifications, a Compulsory Purchase Order entitled “The A9 Trunk Road (Killiecrankie to Glen Garry) Compulsory Purchase Order 2024”.

2. The Order as made provides for the purchase of, and creation of rights over, the land described in the Schedule hereto, for the purpose of improving and constructing a new length of the M9/A9 Edinburgh – Stirling – Thurso Trunk Road between Killiecrankie and Glen Garry in the County of Perthshire by widening and reconstructing the existing single carriageway to form a new dual carriageway section.

3. A copy of the Order and of the relevant plans referred to therein may be inspected, free of charge, from 18 October 2024 to 29 November 2024 during normal opening hours at the following locations:-

• National Trust for Scotland Visitor Centre, Killiecrankie, Pitlochry, PH16 5LG

• Transport Scotland, George House, 2^nd Floor, 36 North Hanover Street, Glasgow, G1 2AD

View a copy of the Orders and Plans and this Notice on the Transport Scotland website.

4. The Order as made becomes operative on the 18 October 2024 being the date on which this notice is first published; but any person aggrieved by the Order may, in accordance with the provisions of paragraph 15 of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as extended by section 60 of the Land Compensation (Scotland) Act 1973, by application to the Court of Session within 6 weeks from that date, question its validity on the grounds (i) that the authorisation granted by the Order is not empowered to be granted or (ii) that the applicant’s interests have been substantially prejudiced by failure to comply with any statutory requirement relating to the Order.

5. The acquiring authority may acquire the land to which this notice relates by making a General Vesting Declaration under section 195 of the Town and Country Planning (Scotland) Act 1997 (hereinafter referred to as “the Planning Act”). Such a declaration shall not be executed before the end of the period of two months beginning with the date of the first publication of this notice except with the consent of every occupier of the land affected.

6. The effect of the making of such a declaration is to vest the land in the acquiring authority at the end of such period as may be specified in the declaration but which will not be less than twenty-eight days from the date on which the service of notices required by paragraph 4 of Schedule 15 to the Planning Act is completed. These notices shall specify the land and state the effect of the declaration and shall be served on every occupier of any of the land specified in the declaration (other than land in which there subsists a short tenancy or a long tenancy which is about to expire as hereinafter defined) and on every other person who has given information to the acquiring authority with respect to any of the land to which this notice relates in pursuance of the invitation published and included in this notice.

7. The effect of a general vesting declaration is as follows:

At the end of the aforesaid period specified in the declaration the land specified in the declaration, together with the right to enter upon and take possession of it, shall vest in the acquiring authority and on being registered in the Land Register of Scotland the declaration shall have the same effect as a conveyance registered in accordance with section 80 of the Lands Clauses Consolidation (Scotland) Act 1845. Also on the date of vesting, the Acts providing for compensation shall apply as if, on the date on which the declaration was made, a notice to treat had been served on every person on whom, under section 17 of the said Act of 1845, the acquiring authority could have served such a notice (other than any person entitled to an interest in the land in respect of which such a notice had actually been served before the date of vesting and any person entitled to a short tenancy or a long tenancy which is about to expire).

8. Where any land specified in the declaration is land in which there subsists a short tenancy or a long tenancy which is about to expire the right of entry shall not be exercisable in respect of that land unless, after serving notice to treat in respect of that tenancy, the acquiring authority has served on every occupier of any land in which the tenancy subsists a notice stating that, at the end of such period as is specified in the notice (not being less that fourteen days) from the date on which the notice is served, they intend to enter upon and take possession of such land as specified in the notice, and that period has expired. The vesting of the land in the acquiring authority shall be subject to the tenancy until that period expires or the tenancy comes to an end whichever first occurs.

Paragraph 38 of Schedule 15 to the Planning Act defines “short tenancy” and “long tenancy which is about to expire” as follows:

“Short tenancy” means a tenancy for a year or from year to year or any lesser interest and “long tenancy which is about to expire”, in relation to a general vesting declaration, means a tenancy granted for an interest greater than a short tenancy, but having at the date of the declaration a period still to run which is not more than the specified period (that is to say, such period longer than one year as may be specified in the declaration in relation to the land in which the tenancy subsists).

9. In determining what period a tenancy still has to run at the date of a general vesting declaration it shall be assumed:

• that the tenant will exercise any option to renew the tenancy and will not exercise any option to terminate the tenancy then or thereafter available to the tenant; and

• that the landlord will exercise any option to terminate the tenancy then or thereafter available to the tenant.

10. Persons entitled to claim compensation in respect of any interest in the land in respect of which a notice to treat has not been given are invited to give information with respect to their name and address and the land and their interest therein on the prescribed form (Form 9), a copy of which is sent by the acquiring authority on application to the Director of Major Projects, Transport Scotland, George House, 2nd Floor, 36 North Hanover Street, Glasgow G1 2AD. An electronic version of this form is available on the Transport Scotland website.

Completed forms can be emailed to A9dualling@transport.gov.scot and returned to the aforementioned address.

L Shackman
A member of the staff of the Scottish Ministers
Transport Scotland
Major Projects
George House
2nd Floor
36 North Hanover Street
Glasgow
G1 2AD
25 September 2024

Schedule

The plot references and areas referred to below correspond to those given in the Schedule and plan annexed to “the A9 Trunk Road (Killiecrankie to Glen Garry) Compulsory Purchase Order 2024”.

For full schedule please see PDF version below.

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