Local Government, Planning and Land Act 1980

120 Compulsory acquisition: exclusion of special parliamentary procedure. E+W+S

(1) The [F1 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947] shall apply to any compulsory acquisition of an interest in land where—

(a) the notice of the making or preparation in draft of a compulsory purchase order is first duly published on or after [F2 6th April 1976 (or, in the application of this section to Scotland,] 1st September 1976), and

(b) the person acquiring the interest is a [F1 regional, islands or district council], [F2 the Peak Park Joint or Lake District Special Planning Board,] any statutory undertakers [F3 , the Scottish Ministers] or a Minister,

subject to the modifications made by this section.

(2) Paragraph 9 of Schedule 1 to [F2 the Act of 1946 or, as the case may be] the Scottish Act of 1947 (special parliamentary procedure for acquisitions from local authorities, statutory undertakers and National Trust) shall not apply to the acquisition except where the interest belongs to [F2 the National Trust or] the National Trust for Scotland.

(3) [F2 In this section—

• “the Acquisition of Land Acts” means the M1 Acquisition of Land (Authorisation Procedure) Act 1946 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and “the Act of 1946” and “the Scottish Act of 1947” mean those Acts respectively;

• “local authority” means—

(a) in relation to England, the council of a county or district, the council of a London borough, the Common Council of the City of London and the Greater London Council,

(b) in relation to Wales, the council of a county or district,

(c) in relation to Scotland, a [F4 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994],

and this section applies to the Isles of Scilly, as if the Council of those Isles were the council of a county;]

• “statutory undertakers” means—

(a) persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of F5 , F6 hydraulic power or water,

(b) . . . F7 , the Civil Aviation Authority, F8 . . ., [F9 a universal service provider (within the meaning of [F10 Part 3 of the Postal Services Act 2011]) in connection with the provision of a universal postal service (within the meaning of [F11 that Part])] and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for the purposes of [F2 the M2 Town and Country Planning Act 1971 or [F12 the Town and Country Planning (Scotland) Act 1997], and]

(c) any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.

(4) An order under paragraph (c) of the definition of “statutory undertakers” in subsection (3) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) This section (which re-enacts section 41 of the M3 Community Land Act 1975 with modifications) shall be taken to have come into force on 12 November 1975 but (in relation to the period before the passing of this Act) shall have effect as if the persons mentioned in subsection (1)(b) above included a new town authority (that is, a development corporation as defined [F2 in section 2 of the New Towns Act 1965, or] in section 2 of the M4 New Towns (Scotland) Act 1968) and a joint board established under section 2 of the M5 Community Land Act 1975, and as if “local authority” meant (in relation to Scotland) a regional, general or district planning authority within the meaning of Part IX of the M6 Local Government (Scotland) Act 1973.

Textual Amendments

F1 Words susbtituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 30(4)

F2 Words repealed (E.W) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I

F3 Words in s. 120(1)(b) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 67 (with art. 5)

F4 S. 120(3): words in para.(c) in definition of

“local authority”

substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(5); S.I. 1996/323, art. 4(1)(c)

F5 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18 (with s. 112(3), Sch. 17 para. 35(1))

F6 Words repealed by Gas Act 1986 (c. 44, SIF 44), s. 67(4), Sch. 9 Pt. I

F7 Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I

F8 S. 120(3): words in para. (b) in definition of

“statutory undertakers”

repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 25(1), Sch. 11 Pt. II; S.I. 1994/2553, art. 2

F9 S. 120(3)(b): words in definition of

“statutory undertakers”

substituted (26.3.2001) by S.I. 2001/1149, art. art. 3(1), Sch. 1 para. 48(2)

F10 Words in s. 120(3) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 106(a); S.I. 2011/2329, art. 3

F11 Words in s. 120(3) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 106(b); S.I. 2011/2329, art. 3

F12 S. 120(3): words in para. (b) in definition of

“statutory undertakers”

substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(2)

Modifications etc. (not altering text)

C1 S. 120 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 2(2)(e)(9) (with s. 112(3), Sch. 17 paras. 33, 35(1))

C2 S. 120 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxviii); S.I. 1996/218, art. 2

C3 S. 120(1)(b) extended (1.4.1996) by 1994 c. 39, s. 99(2); S.I. 1996/323, art. 4(1)(a), Sch. 1

S. 120(1)(b) extended (S.) (1.4.2002) by 2002 asp 3, s. 47(3)(5) (subject to s. 67(4)); S.S.I. 2002/118, art. 2 (subject to art. 3)

Marginal Citations

M1 1946 c. 49 (28:1).

M2 1971 c . 78 (123:1).

M3 1975 c. 77.

M4 1968 c. 16 (123:4).

M5 1975 c. 77.

M6 1973 c. 65 (81:2).