C6C7 Part VII Miscellaneous Powers of Local Authorities

Annotations:
Modifications etc. (not altering text)
C7

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

Land transactions — principal councils

C1C2C3C4C9C8C10121 Acquisition of land compulsorily by principal councils.

C51

Subject to subsection (2) below, for any purpose for which they are authorised by this or any other public general Act to acquire land, a principal council may be authorised by the Minister concerned with that purpose to purchase compulsorily any land, whether situated inside or outside their area.

2

A council may not be authorised under subsection (1) above to purchase land compulsorily—

a

for the purpose specified in section 120(1)(b) above, or

b

for the purpose of any of their functions under the M1Local Authorities (Land) Act 1963, or

c

for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement.

3

Where one or more councils propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one council, between those councils, and—

a

the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes; and

b

where there is more than one council concerned, the councils may nominate one of them to acquire the land on behalf of them all and the council so nominated shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition.

4

The F1Acquisition of Land Act 1981 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above F2. . ..