Written Question · S1W-28576 · Session 1
Whether (a) its or (b) local authorities' powers to make compulsory purchase orders are limited by the European Convention on Human Rights …
The question
To ask the Scottish Executive whether (a) its or (b) local authorities' powers to make compulsory purchase orders are limited by the European Convention on Human Rights and, if so, in what way they are limited.
The answer
Under the Human Rights Act 1998, all public authorities, including local authorities, are required by law to act compatibly with the European Convention on Human Rights (the Convention).Article 1 of Protocol 1 of the Convention states "No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law."The Scottish Executive has carried out an audit of all areas of activity in order to identify any potential incompatibilities with the Convention. We concluded that the compulsory purchase legislation is compatible with the Convention without amendment. We keep under review the need to amend existing law and procedures to comply with the Convention. We shall continue to do so, particularly in the context of new cases.
In the Official Report
No contribution in the Official Report cites S1W-28576 by reference.