5 Powers as to purchase of land, carrying out works, etc.E+W
(1)The Lord President of the Council may authorise the Authority to purchase compulsorily any land required for the exercise and performance of their functions, and the [F1Acquisition of Land Act 1981] and the M1Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply F2. . .:
Provided that the Authority may be authorised under this subsection to purchase compulsorily a right to place any pipe across land, whether above or below ground, and to use, repair and maintain that pipe, without purchasing any other interest in the land, and, in relation to the compulsory purchase of any such right, the said Acts and the enactments incorporated therewith shall have effect as if references (whatever the terms used) to the land comprised in the compulsory purchase order were construed, where the context so requires, as references to the land across which the pipe is to be placed, and references to the obtaining or taking possession of the first-mentioned land were construed as references to the exercise of the right.
(2)The Authority may, if it appears to them necessary or expedient for the due exercise and performance of their functions, place any pipe in any highway and repair and maintain any pipe so placed, and for those purposes open and break up the highway .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(5)[F5Section 4 of the Building Act 1984] (which exempts from building byelaws buildings of statutory undertakers other than houses, offices and showrooms) shall apply in relation to the Authority as it applies in relation to statutory undertakers.
(6)No requirements or restrictions imposed F6... by or under the corresponding provisions of any local Act, as to the erection, placing or making of buildings, erections or excavations, or the reconstruction of or alterations to buildings, and no requirement imposed by or under any enactment or by virtue of the common law as to the submission of plans and specifications and the giving of notices to a local authority or the presentation of a petition to a dean of guild court or any body exercising the functions of a dean of guild court, shall apply in relation to any building in Scotland belonging to or in the occupation of the Authority:
Provided that the exemption conferred by this subsection shall not extend to dwelling-houses.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.
Textual Amendments
F1Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 1 Table (subject to transitional savings in Sch. 5)
F2Words in s. 5(1) repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I (subject to transitional savings in Sch. 5)
F3S. 5(3) repealed by virtue of Energy Act 1983 (c. 25, SIF 44:1), s. 34, Sch. 4 Pt. II
F4S. 5(4) repealed with saving by Radioactive Substances Act 1960 (c. 34), s. 17(1)(2)
F5Words in s. 4 substituted (E.W.) (1.12.1984) by Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 4
F6Words in s. 5(6) repealed (S.) (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1
Marginal Citations
5 Powers as to purchase of land, carrying out works, etc.S+N.I.
(1)The Lord President of the Council may authorise the Authority to purchase compulsorily any land required for the exercise and performance of their functions, and the [F7Acquisition of Land Act 1981] and the M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall applyas if the Authority were a local authority within the meaning of those Acts and as if this Act had been in force immediately before the commencement thereof:
Provided that the Authority may be authorised under this subsection to purchase compulsorily a right to place any pipe across land, whether above or below ground, and to use, repair and maintain that pipe, without purchasing any other interest in the land, and, in relation to the compulsory purchase of any such right, the said Acts and the enactments incorporated therewith shall have effect as if references (whatever the terms used) to the land comprised in the compulsory purchase order were construed, where the context so requires, as references to the land across which the pipe is to be placed, and references to the obtaining or taking possession of the first-mentioned land were construed as references to the exercise of the right.
(2)The Authority may, if it appears to them necessary or expedient for the due exercise and performance of their functions, place any pipe in any highway [F8or road] and repair and maintain any pipe so placed, and for those purposes open and break up the highway [F8or road].
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
(5)Section seventy-one of the M3Public Health Act 1936 (which exempts from building byelaws buildings of statutory undertakers other than houses, offices and showrooms) shall apply in relation to the Authority as it applies in relation to statutory undertakers.
(6)No requirements or restrictions imposed F11... by or under the corresponding provisions of any local Act, as to the erection, placing or making of buildings, erections or excavations, or the reconstruction of or alterations to buildings, and no requirement imposed by or under any enactment or by virtue of the common law as to the submission of plans and specifications and the giving of notices to a local authority or the presentation of a petition to a dean of guild court or any body exercising the functions of a dean of guild court, shall apply in relation to any building in Scotland belonging to or in the occupation of the Authority:
Provided that the exemption conferred by this subsection shall not extend to dwelling-houses.
Extent Information
E2This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.
Textual Amendments
F7Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 1 Table (subject to transitional savings in Sch. 5)
F8Words inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 43
F9S. 5(3) repealed by virtue of Energy Act 1983 (c. 25, SIF 44:1), s. 34, Sch. 4 Pt. II
F10S. 5(4) repealed with saving by Radioactive Substances Act 1960 (c. 34), s. 17(1)(2)
F11Words in s. 5(6) repealed (S.) (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1
Modifications etc. (not altering text)
C1Dean of guild courts abolished by Local Government (Scotland) Act 1973 (c. 65), s. 227 and, unless otherwise provided, functions thereof now exercisable by authority responsible for building control in the area concerned
Marginal Citations