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)

Further provisions with respect to acquisition procedure for exercise of highway land acquisition powers E+W

260 Clearance of title to land acquired for statutory purposes. E+W

(1) There may be included in a compulsory purchase order made by a highway authority in the exercise of highway land acquisition powers land in which the authority have already acquired interests by agreement in the exercise of such powers.

(2) Where land is included in a compulsory purchase order as mentioned above, it is to be treated as subject to compulsory purchase for the purposes of the Act of 1965, and that Act shall apply accordingly, except as respects—

(a) the conveyance to the acquiring authority of any interest which they have acquired by agreement before the date of the coming into force of the compulsory purchase order; and

(b) compensation, so far as already paid or the subject of agreement.

(3) Where—

(a) in the exercise of powers conferred by section 239(4)(c) above, a special road authority have acquired land for the provision of a service area, or

(b) in the exercise of powers conferred by section 240(3)(a) above, the Minister[F1 or a strategic highways company] has acquired land for the provision of a trunk road picnic area, or

(c) in exercise of powers conferred by section 240(5) above, a highway authority have acquired land for the provision of a lorry area,

subsection (4) below has effect with respect to any activities carried on on the land in the course of its use for the purposes of a service area, trunk road picnic area or lorry area, as the case may be.

(4) Any such activities are, as against a person who apart from the acquisition would have had a right to restrain such activities, or a right the exercise of which would be calculated to interfere with them, to be treated as activities of the authority in question (that is to say, the special road authority, the Minister[F2 , strategic highways company ] or the highway authority, as the case may be) carried on under statutory powers, notwithstanding that they are carried on by other persons under contract to the authority or otherwise.

Textual Amendments

F1 Words in s. 260(3)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 50(2); S.I. 2015/481, reg. 2(a)

F2 Words in s. 260(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 50(3); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C2 S. 260(1) modified (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 12(g)(vi)