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Compulsory Purchase Laws In Scotland
Compulsory purchase are powers to obtain land in Scotland that were traditionally available to certain public bodies in Scots law. Scots law classifies compulsory purchase as an involuntary transfer of land, as the owner of the corporeal heritable property (land) does not consent to the transfer of ownership. Compulsory purchase powers are similar, but not identical, to other jurisdictions who share similar concepts and similar terms. In contrast to other jurisdictions, compulsory purchase powers can be exercised by non-public bodies under the Land Reform (Scotland) Act 2003. History The development of powers of compulsory purchase in Scotland originated in the railway mania of the Victorian period within the United Kingdom of Great Britain and Ireland (1801-1921). Historically, where the United Kingdom government wished to acquire land without the consent of an owner in Scotland, a private bill had to be introduced into the United Kingdom parliament. This bill had to outli ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ...
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Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood. The Parliament is a democratically elected body comprising 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms under the additional member system: 73 MSPs represent individual geographical constituencies elected by the plurality (first-past-the-post) system, while a further 56 are returned as list members from eight additional member regions. Each region elects seven party-list MSPs. Each region elects 15 to 17 MSPs in total. The most recent general election to the Parliament was held on 6 May 2021, with the Scottish National Party winning a plurality. The original Parliament of Scotland was the national legislature of the independent Kingdom of Scotland and existed from the early 13th centur ...
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Reserved Powers (Westminster)
In the United Kingdom, devolved matters are the areas of public policy where the Parliament of the United Kingdom has devolved its legislative power to the national assemblies of Scotland, Wales and Northern Ireland, while reserved matters and excepted matters are the areas where the Parliament retains exclusive power to legislate. The devolved administrations in Scotland, Wales and Northern Ireland have been granted power by the Parliament under their respective legislators in all areas except those which are reserved (or excepted in the case of Northern Ireland). However, because the Parliament acts with sovereign supremacy, it is still able to pass legislation for all parts of the United Kingdom, including in relation to devolved matters. Devolution of powers within the United Kingdom The devolution of powers are set out in three main acts legislated by the UK Parliament for each of the devolved governments in Scotland, Wales and Northern Ireland. The acts also include su ...
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Forestry
Forestry is the science and craft of creating, managing, planting, using, conserving and repairing forests, woodlands, and associated resources for human and environmental benefits. Forestry is practiced in plantations and natural stands. The science of forestry has elements that belong to the biological, physical, social, political and managerial sciences. Forest management play essential role of creation and modification of habitats and affect ecosystem services provisioning. Modern forestry generally embraces a broad range of concerns, in what is known as multiple-use management, including: the provision of timber, fuel wood, wildlife habitat, natural water quality management, recreation, landscape and community protection, employment, aesthetically appealing landscapes, biodiversity management, watershed management, erosion control, and preserving forests as " sinks" for atmospheric carbon dioxide. Forest ecosystems have come to be seen as the most important componen ...
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Forestry And Land Scotland
Forestry and Land Scotland (FLS) ( gd, Coilltearachd agus Fearann Alba) is responsible for managing and promoting Scotland's national forest estate: land, predominantly covered in forest, owned by the Scottish Government on behalf of the nation. It was formed on 1 April 2019, to take over some of the responsibilities of Forestry Commission Scotland, which was dissolved. The organisation exists alongside Scottish Forestry, also established on 1 April 2019, which is responsible for regulation, policy and support to landowners. Forestry and Land Scotland's key functions are to look after the national forest estate, including unforested land within this portfolio, and to produce and supply timber. Within this remit they are expected to enhance biodiversity, increase public access to the outdoors, encourage tourism and support the rural economy. The agency has been established initially to manage only the national forest estate, however it is intended that in future it may also take ...
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Allotment (gardening)
An allotment (British English), or in North America, a community garden, is a plot of land made available for individual, non-commercial gardening or growing food plants, so forming a kitchen garden away from the residence of the user. Such plots are formed by subdividing a piece of land into a few or up to several hundred parcels that are assigned to individuals or families. Such parcels are cultivated individually, contrary to other community garden types where the entire area is tended collectively by a group of people. In countries that do not use the term "allotment (garden)", a "community garden" may refer to individual small garden plots as well as to a single, large piece of land gardened collectively by a group of people. The term "victory garden" is also still sometimes used, especially when a community garden dates back to the First or Second World War. The individual size of a parcel typically suits the needs of a family, and often the plots include a shed for tools a ...
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Cemetery
A cemetery, burial ground, gravesite or graveyard is a place where the remains of dead people are buried or otherwise interred. The word ''cemetery'' (from Greek , "sleeping place") implies that the land is specifically designated as a burial ground and originally applied to the Roman catacombs. The term ''graveyard'' is often used interchangeably with cemetery, but a graveyard primarily refers to a burial ground within a churchyard. The intact or cremated remains of people may be interred in a grave, commonly referred to as burial, or in a tomb, an "above-ground grave" (resembling a sarcophagus), a mausoleum, columbarium, niche, or other edifice. In Western cultures, funeral ceremonies are often observed in cemeteries. These ceremonies or rites of passage differ according to cultural practices and religious beliefs. Modern cemeteries often include crematoria, and some grounds previously used for both, continue as crematoria as a principal use long after the interment ...
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Local And Personal Acts Of Parliament (United Kingdom)
Private acts are laws in the United Kingdom which apply to a particular individual or group of individuals, or corporate entity. This contrasts with a public general Act of Parliament (statute) which applies to the nation-state. Private acts can afford relief from another law; grant a unique benefit or, grant powers not available under the general law; or, relieve someone from legal responsibility for some allegedly wrongful act. There are now two types of private act: Acts for the benefit of individuals (known as personal acts), and others acts of local or limited application (known as local acts). This distinction between personal acts and local acts was introduced in 1797, before that time there were simply private acts. Private acts should not be confused with private member's bills—which, in the Westminster system, are bills for a public general Act of Parliament proposed by individual parliamentarians rather than the government. About 11,000 private or personal acts have ...
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Town And Country Planning In The United Kingdom
Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own planning system that is responsible for town and country planning, which outside of England is devolved to the Northern Ireland Assembly, the Scottish Parliament and the Senedd. History The roots of the UK town and country planning system as it emerged in the immediate post-war years lay in concerns developed over the previous half century in response to industrialisation and urbanisation. The particular concerns were pollution, urban sprawl, and ribbon development. These concerns were expressed through the work of thinkers such as Ebenezer Howard and the philanthropic actions of industrialists such as the Lever Brothers and the Cadbury family, and architects such as Raymond Unwin, PRIBA, and Patrick Abercrombie. The Housing and Town Plann ...
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Lands Tribunal For Scotland
The Lands Tribunal for Scotland is a tribunal with jurisdiction over land and property in Scotland, relating to title obligations, compulsory purchase and other private rights. The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands Tribunal in England and Wales and Northern Ireland. Although the statutory basis of the Lands Tribunal for Scotland was the Lands Tribunal Act 1949, the Tribunal itself was not actually created until 1971, as there was not considered a sufficient amount of work to be undertaken. The Conveyancing and Feudal Reform (Scotland) Act 1970 gave the Lands Tribunal new powers to discharge title conditions, which prompted its actual establishment in March 1971. The Tribunal is based in George House, on George Street in Edinburgh. History The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands Tribunal in England and Wales and Northern Ireland. Although the sta ...
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Local Government In Scotland
Local government in Scotland comprises thirty-two local authorities, commonly referred to as councils. Each council provides public services, including education, social care, waste management, libraries and planning. Councils receive the majority of their funding from the Scottish Government, but operate independently and are accountable to their local electorates. Councils raise additional income via the Council Tax, a locally variable domestic property tax, and Business rates, a non-domestic property tax. Councils are made up of councillors who are directly elected by the residents of the area they represent. Each council area is divided into a number of wards, and three or four councillors are elected for each ward. There are currently 1,227 elected councillors in Scotland. Local elections are normally held every five years and use the single transferable vote electoral system. The most recent election was the 2022 Scottish local elections and the next election will be th ...
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