Modifications etc. (not altering text)
C1Pt. II extended by Local Government (Scotland) Act 1973 (c. 65), ss. 73(1), 74(1)
(1)Subject to the following provisions of this section, where by any enactment—
(a)power is conferred on any authority to whom this Part of this Act applies, or on any class of such authorities, to appropriate land for any purpose, whether the purpose is defined in the enactment specifically or by reference to some other power exercisable by the authority or class of authorities in question, but
(b)that power is so conferred subject to a provision (in whatever terms the provision is expressed, and whether it is contained in the same or in any other enactment) that the power is not to be exercised except with the consent of a Minister specified in that provision, or for a purpose approved by a Minister so specified, with or without a further provision enabling conditions to be imposed by such a Minister in respect of the exercise of the power,
the enactment shall have effect, in relation to any exercise of the power after the commencement of this Act by an authority to whom this Part of this Act applies, as if it conferred that power free from any such provision as is mentioned in paragraph (b) of this subsection.
(2)The exercise after the commencement of this Act, by any authority to whom this Part of this Act applies, of any power of appropriation in relation to which subsection (1) of this section has effect shall be subject to the [F1provision that land which is held for use as allotments shall not be appropriated except with the consent of the Secretary of State.]
[F2(2A)Before exercising any power of appropriation in relation to land which consists, or forms part of a common or of an open space (not being land which is held for use as allotments) an authority to whom this Part of this Act applies—
(a)shall, for at least two consecutive weeks in a newspaper circulating in their area, publish a notice of the proposed appropriation; and
(b)shall consider any objections to that appropriation which may be made to them.]
(3)Subsection (1) of this section shall not apply to any appropriation of land in pursuance of an order under section thirty-nine of the Act of 1947.
Textual Amendments