Local Government Act 1972 (c. 70)

Part VII E+W Miscellaneous Powers of Local Authorities

Modifications etc. (not altering text)

C1 Pt. VII (ss. 111–146) extended by Water Act 1989 (c. 15, SIF 130), s. 164(2), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

C2 Pt. VII (ss. 111-146) extended by Water Industry Act 1991 (c. 56, SIF 130), ss. 83(2), 219(3)

Land transactions — principal councils E+W

120 Acquisition of land by agreement by principal councils. E+W

(1) For the purposes of—

(a) any of their functions under this or any other enactment, or

(b) the benefit, improvement or development of their area,

a principal council may acquire by agreement any land, whether situated inside or outside their area.

(2) A principal council may acquire by agreement any land for any purpose for which they are authorised by this or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this subsection may be used for the purpose of any of the council’s functions.

(3) Where under this section a council are authorised to acquire land by agreement, the provisions of Part I of the M1 Compulsory Purchase Act 1965 (so far as applicable) other than section 31 shall apply, and in the said Part I as so applied the word “land” shall have the meaning assigned to it by this Act.

[F1 (3A) Police and crime commissioners and the Mayor's Office for Policing and Crime are to be treated as principal councils for the purposes of—

(a) this section (apart from subsection (1)(b)), and

(b) section 121.]

[F2 (3B) A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 is to be treated as a principal council for the purposes of this section (apart from subsection (1)(b)).]

(4) Where two or more councils acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those councils from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.

(5) References in the foregoing provisions of this section to acquisition by agreement are references to acquisition for money or money’s worth, as purchaser or lessee.

Textual Amendments

F1 S. 120(3A) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 107; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 28)

F2 S. 120(3B) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 24; S.I. 2017/399, reg. 2, Sch. para. 38

Modifications etc. (not altering text)

C3 S. 120 modified by Local Government (Miscellaneous Provisions) Act 1976 (c. 57, SIF 81:1), s. 19(4)

C4 S. 120 amended and certain functions transferred by S.I. 1989/304, art. 5(3)(g)(4)

C5 S. 120 amended by S.I. 1989/304, art. 5(4)(c)

C6 S. 120 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch.2.

S. 120: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch.2

C7 S. 120 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch.2.

S. 120: certain functions transferred (10.01.1992) by S.I. 1991/2913, art. 8, Sch.2.

S. 120: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)

S. 120 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 1(1)(a)(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 120 (except subsection 1(b)): power conferred to make provisions about matters of the kind dealt with in this section (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vii); S.I. 1997/1930, art. 2(1)(2)(m)

C8 S. 120 applied (with modifications) (20.11.2006) by The Devon and Somerset Fire and Rescue Authority (Combination Scheme) Order 2006 (S.I. 2006/2790), art. 2, Sch. para. 15

C9 S. 120 modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.

C10 S. 120 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.

C11 Ss. 120-123 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1

C12 S. 120 applied (with modifications) (1.4.2015) by The Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015 (S.I. 2015/435), art. 1(2), Sch. para. 17

C13 Ss. 120-123 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1

C14 S. 120 modified (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 19(4)

C15 S. 120 applied (with modifications) (1.4.2020) by The Hampshire and Isle of Wight Fire and Rescue Authority (Combination Scheme) Order 2020 (S.I. 2020/186), art. 1(2), Sch. para. 17

C16 S. 120(3) applied (1.3.2007) by National Health Service Act 2006 (c. 41), ss. {211(6)}, 277(1) (subject to s. 277(2)-(5))

S. 120(3) applied (1.3.2007) by National Health (Wales) Service Act 2006 (c. 42), ss. {159(6)}, 208(1) (subject to s. 208(2)-(5)) (with s. 19(3))

Marginal Citations

M1 1965 c. 56.