Part XII E+W Acquisition, Vesting and Transfer of Land etc.

Modifications etc. (not altering text)

C1 Pt. XII (ss. 238–271) applied by SI 1986/564, art. 4(2)(a)

Additional provisions with respect to acquisition of rights over land E+W

254 Compulsory acquisition for certain purposes of rights in land belonging to local authorities etc. E+W

(1) Subject to the provisions of this section, an order made, or made and confirmed, in the like manner and subject to the like conditions as an order authorising compulsory acquisition of land under section 239 above may authorise a highway authority to acquire compulsorily, subject to such conditions (including conditions as to the persons by whom any works are to be constructed or maintained) as may be imposed by the order, a right upon, under or over any land which is the property of a local authority or which has been acquired, for the purposes of their undertaking, by statutory undertakers, if the acquisition is—

(a) for the purposes of the construction of a bridge or of the approaches to a bridge (not including the reconstruction or alteration of the bridge or approaches in existence at the date of the order) upon, under or over such land;

(b) for the purposes of the execution of any works (other than the reconstruction of a bridge on a different site) for the maintenance, improvement or alteration of the bridge or of the approaches to a bridge transferred to the Minister[F1 or a strategic highways company] by virtue of section 266 below or transferred to a special road authority other than the Minister[F1 or a strategic highways company] by virtue of section 267 below; or

(c) for the purposes of any system of road drainage;

and, [F2 nothing in Part III of, or Schedule 3 to, the Acquisition of Land Act 1981 shall prevent] the acquisition of any such right.

(2) The power to acquire a right compulsorily conferred by subsection (1) above may be exercised—

(a) if the acquisition is for a purpose specified in that subsection in connection with a trunk road in a London borough,. . . F3 by the council of that borough and. . . F3 as well as by the Minister[F4 or a strategic highways company], and

(b) if the acquisition is for a purpose so specified in connection with any other trunk road, by the council of the county [F5 or metropolitan district] in which the road is situated as well as by the Minister[F4 or a strategic highways company].

(3) An order authorising the compulsory acquisition of a right under this section shall be made subject to such conditions as the Minister, after consultation with the local authority or statutory undertakers from whom the right is to be acquired, considers necessary for securing—

(a) that the bridge or approaches to be constructed, reconstructed or altered, as the case may be, will be so designed, placed and constructed, or so reconstructed or altered, or

(b) that the drainage system to be provided will be so designed, placed and constructed,

as to avoid unreasonable interference with the functions and future development of the body concerned.

(4) An order authorising the compulsory acquisition under this section of a right for the purposes of a system of road drainage shall be made subject to such conditions as the Minister considers necessary for securing that no highway is drained—

(a) into any watercourse under the control of an [F6 , the Environment Agency or the Natural Resources Body for Wales without the consent of that body, or][F7 the National Rivers Authority without the consent of that board or that Authority], or

(b) into any reservoir, river, canal, dock, harbour, basin, culvert, [F8 sewer,] syphon or other work which belongs to or is under the jurisdiction of a local authority or statutory undertakers without the consent of that authority or those undertakers.

(5) Nothing in this section authorises the compulsory acquisition of a right upon, under or over any land for the purposes of the construction of a bridge under or over the Manchester Ship Canal; but this subsection does not prevent the acquisition of such a right if the acquisition is—

(a) for the purposes of the construction of a bridge for which provision is made by any such order as is mentioned in section 106(1) above, or

(b) for the purposes of the execution of any works (other than the reconstruction of a bridge on a different site) for the maintenance, improvement or alteration of a bridge tranferred to the Minister[F9 or a strategic highways company] by virtue of section 266 below.

(6) For the purposes of this section and section 255 below—

• “local authority” has the same meaning as in the [F10 Acquisition of Land Act 1981], and

• the Civil Aviation Authority [F11 , a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence)] and [F12 a universal service provider in connection with the provision of a universal postal service] are to be deemed to be statutory undertakers.

[F13 (6ZA) In its application to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, subsection (1) of this section shall be construed as if for the words “or which has been acquired, for the purposes of their undertaking, by statutory undertakers” there were substituted the words “or of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 and which, in the case of such a person, is being held or used for the purpose of carrying out activities authorised by the licence”;]

[F14 (6A) In its application to a universal service provider, subsection (1) of this section shall be construed as if for the words “or which has been acquired, for the purposes of their undertaking, by statutory undertakers” there were substituted the words “or of a universal service provider and which, in the case of a universal service provider, is being held or used for any purpose in connection with the provision of a universal postal service”.]

Textual Amendments

F1 Words in s. 254(1)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 49(2); S.I. 2015/481, reg. 2(a)

F2 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 31(8)

F3 Word(s) repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F4 Words in s. 254(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 49(3); S.I. 2015/481, reg. 2(a)

F5 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 19

F6 Words in s. 254(4)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 165 (with Sch. 7)

F7 Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 62(9)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F8 Word inserted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 62(9)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F9 Words in s. 254(5)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 49(4); S.I. 2015/481, reg. 2(a)

F10 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 31(9)

F11 Words in s. 254(6) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 4(b)(i)

F12 Words in s. 254(6) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 49(8)(a)

F13 S. 254(6ZA) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 4(b)(ii)

F14 S. 254(6A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 49(8)(b)

Modifications etc. (not altering text)

C2 S. 254(6): by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 3(1) it is provided that references to British Telecommunications in s. 254(6) cease to have effect