SECTION 1 Introduction
1.1 Transport Scotland
Transport Scotland is the national transport agency for Scotland and is accountable to Scottish Ministers. The agency is responsible for driving delivery of the Ministers capital investment programme of transport improvements which includes constructing new trunk roads or motorways or enhancing existing ones. The service of planning, design development, land acquisition, procurement and the construction and completion of a new or improved road is provided by the agency’s Trunk Roads: Infrastructure and Professional Services Directorate on behalf of Scottish Ministers.
The Scottish Ministers are the roads authority for all trunk roads and motorways in Scotland. This guide provides information and advice about statutory procedures that they follow for the compulsory purchase process and compensation for property purchase.
The guidance has been prepared for people who have property, farms or businesses which are directly affected by a road project scheme.
1.2 Trunk road and motorway projects are taken forward by the Scottish Ministers who are responsible for promoting the statutory procedures under relevant legislation and are the acquiring authority. Transport Scotland deals with day to day matters on behalf of the Scottish Ministers.
1.3 The law and procedure relating to compulsory purchase and compensation is complex. Of necessity the information set out in this brochure is a simplification and cannot cover every circumstance that may arise. The information contained in this brochure is not intended to be a complete guide to the law and carries no legal force. However, it should provide an understanding of the compulsory purchase procedure and the principles to be applied in assessing compensation.
1.4 This guidance should not be regarded as a substitute for professional advice. If any interest you have in a property, farm or business is affected by the scheme, the Scottish Ministers recommend that you seek advice from a professionally qualified person such as a surveyor or solicitor. They can advise you on the rights that you have and act on your behalf if appropriate. Whilst the Scottish Ministers will not meet the costs of you obtaining general professional advice, the Scottish Ministers will meet the fees of a professionally qualified person you appoint to negotiate the amount of compensation you will receive for the compulsory purchase of your property in line with a set scale.
If you are in any doubt as to whether your professional costs will be met you should contact Transport Scotland in the first instance – see page 15.
1.5 The Scottish Ministers normally appoint technical specialists to assist in the design and development ofâ€ˆa scheme. The Scottish Ministers also appoint specialist support to handle the assessment of compensation – the Valuation Office, an agency of HM Revenue and Customs. The Valuation Office will use its expertise and experience to assess compensation for the compulsory purchase taking into account all statutory and common law provisions and report to the Scottish Ministers. The Valuation Office works to its own charter and for further information on the work of the Valuation Office visit www.voa.gov.uk.
1.6 Further information on matters in this brochure is available from Transport Scotland – see page 15.