79 Purchase of land and moveable property.S
(1)The Secretary of State may purchase by agreement any moveable property and, by agreement or compulsorily, any land which he considers is required for the purposes of any service under this Act [or under the 2021 Act] [and may take any such property or land on lease,], and may use for those purposes any property, heritable or moveable, acquired by him or on his behalf under this Act.
[(1A)Without prejudice to any other power of disposal, the Secretary of State may dispose of any land which he considers is no longer required for the purposes of any service under this Act [or under the 2021 Act] ...]
(2)Where the Secretary of State acquires premises under subsection (1) [other than on lease] he may acquire compulsorily, in accordance with Schedule 13, any equipment, furniture or other moveable property used in or in connection with the premises.
[(2A)For the avoidance of doubt, the power to use heritable property conferred by subsection (1), and the power to dispose of land conferred by subsection (1A), include power to let the property or, as the case may be, land.]
(3)Any Health Board [, the Agency or (in connection with the exercise of its health service functions only) HIS] may acquire on behalf of the Secretary of State any moveable property which may be required for the purposes aforesaid.
(4)For the purpose of the purchase of land by agreement by the Secretary of State—
(a)the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845), and
(b)section 6 and sections 70 to 78 of the Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923),
are hereby incorporated with this section; and in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the Secretary of State shall be deemed to be the promoter of the undertaking.
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations