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Forth Crossing Act 2011

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This is the original version (as it was originally enacted).

74Changes to Parliamentary plans or book of reference

This section has no associated Explanatory Notes

(1)The sheriff, if satisfied on a summary application by Ministers that the Parliamentary plans or the book of reference are inaccurate in their description of any land (or in their description and statement of the ownership or occupation of any land), must certify—

(a)the respect in which the description or statement is inaccurate, and

(b)how that inaccuracy is to be corrected.

(2)The sheriff, if satisfied on a summary application that Ministers have entered into a binding obligation not to acquire certain land within the Act limits, must certify that the Parliamentary plans or the book of reference ought to be modified accordingly.

An application may be made for the purposes of this subsection by—

(a)Ministers, or

(b)the owner of the land concerned.

(3)Before making an application for the purposes of subsection (1) or (2), the applicant must give at least 10 days’ notice of the proposed correction or modification to—

(a)the owner of the land or, as the case may be, Ministers, and

(b)any occupier of the land.

(4)A certification must be—

(a)deposited in the office of the Clerk of the Parliament by the person who made the application, and

(b)kept by the Clerk with the Parliamentary plans or book of reference to which it relates.

(5)After a certification is deposited, the Parliamentary plans or book of reference are to be treated as corrected or modified in accordance with it.

(6)A summary application made under this section must be made to the sheriff for the sheriffdom in which the land concerned is situated.

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