Statutory Orders (Special Procedure) Act 1945

1 Application of Act to certain statutory orders, made under future enactments. E+W+S

(1) Where, by any Act passed after the passing of this Act, power to make or confirm orders is conferred on any authority, and provision is made requiring that any such order shall be subject to special parliamentary procedure [F1 or requiring that any such order shall be subject to special parliamentary procedure to a limited extent], the provisions of this Act shall apply in relation to any order so made or confirmed.

(2) An order to which this Act applies shall be of no effect until it has been laid before Parliament by the Minister and has been brought into operation in accordance with the provisions of this Act.

[F2 (3) In this Act “special-acquisition provision” means—

(a) section 130, 131 or 132 of the Planning Act 2008 (certain orders granting development consent which also authorise compulsory acquisition of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment),

(b) section 17, 18 or 19 of, or paragraph 4, 5 or 6 of Schedule 3 to, the Acquisition of Land Act 1981 (certain compulsory purchase orders which authorise compulsory acquisition of, or of rights over, land of a local authority or statutory undertaker, inalienable National Trust land, or land forming part of a common, open space or fuel or field garden allotment),

(c) paragraph 22 of Schedule 3 to the Harbours Act 1964 (harbour revision or empowerment order authorising compulsory purchase of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment),

(d) paragraph 12 or 13 of Schedule 4 to the New Towns Act 1981 (order authorising compulsory purchase of local authority land, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment), or

(e) section 12 of the Transport and Works Act 1992 (order authorising compulsory purchase of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment).

(4) A reference in this Act to land to which a special-acquisition provision applies is to be read as follows—

(a) “land” has the same meaning as it has for the purposes of the special-acquisition provision, and

(b) in the case of a special-acquisition provision mentioned in subsection (3)(c) or (e), the reference is to—

(i) land (as so defined) belonging to the National Trust which is held by the Trust inalienably, or

(ii) land (as so defined) forming part of a common, open space or fuel or field garden allotment.

(5) The definition of “the National Trust” given by section 7(1) of the Acquisition of Land Act 1981, and section 18(3) of that Act (meaning of “held inalienably”), apply for the purposes of subsection (4)(b)(i).

(6) In subsection (4)(b)(ii) “common”, “fuel or field garden allotment” and “open space” have the same meaning as in section 19 of that Act.]

Textual Amendments

F1 Words in s. 1(1) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 25(2), 35(1); S.I. 2013/1124, art. 4(d) (with art. 8(3)); S.I. 2013/1488, art. 3(e) (with art. 8)

F2 S. 1(3)-(6) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 25(3), 35(1); S.I. 2013/1124, art. 4(d) (with art. 8(3)); S.I. 2013/1488, art. 3(e) (with art. 8)