Local Government, Planning and Land Act 1980

122 Acquisition and disposal of land by the Crown. E+W+S

(1) Where, in exercise of the power conferred by section 2 of the M1 Commissioners of Works Act 1852, F1 . . . (acquisition of land necessary for the public service) the Secretary of State has acquired, or proposes to acquire, any land (the “public service land") and in his opinion other land ought to be acquired together with the public service land—

(a) in the interests of the proper planning of the area concerned; or

(b) for the purpose of ensuring that the public service land can be used, or developed and used, (together with that other land) in what appears to the Secretary of State to be the best, or most economic, way; or

(c) where the public service land or any land acquired, or which the Secretary of State proposes to acquire, by virtue of paragraph (a) or (b) above, forms part of a common or open space or fuel or field garden allotment, for the purpose of being given in exchange therefor,

the said [F2 section] 2, F1 . . ., shall apply to that other land as if its acquisition were necessary for the public service.

In the application of this subsection to Scotland the words “or fuel or field garden allotment” shall be omitted.

(2) The said [F2 section] 2, F3 . . . shall be construed and have effect as if references to land necessary for the public service included land which it is proposed to use not only for the public service but also—

(a) to meet the interests of proper planning of the area, or

(b) to secure the best, or most economic, development or use of the land.

for other purposes.

(3) The said [F2 section] 2, F3 . . . shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a) of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become, a member;

(b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);

(c) of a foreign sovereign Power or the Government of such a power;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

(4) Where the Secretary of State proposes to dispose of any of his land and is of the opinion that it is necessary, in order to facilitate that disposal, to acquire adjoining land, then, notwithstanding that the acquisition of that adjoining land is not necessary for the public service, the said section 2 shall apply as if it were necessary for the public service.

(5) Where the Secretary of State is authorised by the said section 2 to acquire land by agreement for a particular purpose, he may acquire that land notwithstanding that it is not immediately required for that purpose; and any land acquired by virtue of this subesection may, until required for the purpose for which it was acquired, be used for such purpose as the Secretary of State may determine.

(6) The Secretary of State may dispose of land held by him and acquired by him or any other Minister under the said [F2 section] 2, F3 . . .to such person, in such manner and subject to such conditions as may appear to the Secretary of State to be expedient, and in particular may under this subsection dispose of land held by him for any purpose in order to secure the use of the land for that purpose.

(7) Any expenditure of the Secretary of State attributable to this section shall be paid out of money provided by Parliament.

(8) This section (which re-enacts section 37 of the M2 Community Land Act 1975 with modifications) shall be taken to have come into force on 12 December 1975 but, in relation to the period before the passing of this Act, shall have effect as if for sub-section (3) there were substituted:—

(3) The said [F2 section]2, F3 . . . shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a) of any international organisation or institution of which the United Kingdom, or Her Majesty’s Government in the United Kingdom, is, or is to become, a member;

(b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty to which the United Kingdom is, or is to become, a party;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

Textual Amendments

F1 Words in s. 122(1) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F2 Word in s. 122(1)(2)(3)(6)(8) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(3)

F3 Words in s. 122(2)(3)(6)(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Marginal Citations

M1 1852 c. 28 (29:7).

M2 1975 c. 77.