18 Compulsory acquisition of land by [F1conservation body] for maintenance of nature reserves.E+W+S
(1)Where, as respects any interest in land, [F2the appropriate conservation body] have entered into [F3a nature reserve agreement or an agreement under section 16] and any breach of the agreement occurs which prevents or impairs the satisfactory management as a nature reserve of the land to which the agreement relates, then without prejudice to any other remedy [F2the appropriate conservation body] may acquire that interest compulsorily.
(2)Such a breach shall not be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it within a reasonable time after notice given by [F4the appropriate conservation body] requiring the remedying thereof.
(3)Any dispute arising under this section whether there has been such a breach of an agreement as aforesaid shall be determined by an arbitrator appointed by the Lord Chancellor or, in the case of a dispute relating to land in Scotland, by an arbiter appointed by the Lord President of the Court of Session.
(4)F5. . ., at any stage of the proceedings in any arbitration under the last foregoing subsection relating to land in Scotland the arbiter may, and shall if so directed by the Court of Session, state a case for the opinion of that Court on any question of law arising in the arbitration.
Textual Amendments
F1Words in s. 18 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 17(b); S.I. 2006/2541, art. 2 (with Sch.)
F2Words in s. 18(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 15(b); S.I. 2006/2541, art. 2 (with Sch.)
F3Words in s. 18(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 17(a); S.I. 2006/2541, art. 2 (with Sch.)
F4Words in s. 18(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 15(b); S.I. 2006/2541, art. 2 (with Sch.)
F5Words in s. 18(4) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3