Transport Act 1968

140 Acquisition of land to be exchanged for common land, etc.

(1) In section 214 of the [1959 c. 25.] Highways Act 1959 (which relates to the acquisition of land for the construction or improvement of highways in England and Wales), so much of subsection (3) of that section as prohibits the compulsory acquisition of land lying more than two hundred and twenty yards from the middle of the relevant highway shall not apply to land acquired in exercise of the power conferred by subsection (4) of that section (which relates to the acquisition of land for the purpose of being given in exchange for land forming part of a common, open space, or fuel or field garden allotment which has been, or is proposed to be, acquired under subsection (1) or (2) of that section).

(2) Where in exercise of the power conferred by subsection (1) or subsection (2) of section 215 of the said Act of 1959 (which relates to the acquisition of land by certain Ministers or, as the case may be, a special road authority for certain purposes connected with trunk roads or special roads in England and Wales), any land forming part as aforesaid has been, or is proposed to be, acquired for any of the purposes mentioned in that subsection and other land is required for the purpose of being given in exchange for the first-mentioned land, that subsection shall apply to the acquisition of that other land as if it were land required by the Minister in question or, as the case may be, the special road authority for the construction or improvement of a highway; and subsection (3) of the said section 215 (which imposes the like prohibition as is referred to in subsection (1) of this section) shall not apply to an acquisition by virtue of this subsection.