(1)In this Act, except where the context otherwise requires—
" acquiring authority ", in relation to a compulsory purchase, means the Minister, local authority or other person who may be authorised to purchase the land compulsorily,
" compulsory purchase order " means an order under section 2(1) above,
" confirming authority ", in relation to a compulsory purchase, means, where the acquiring authority is not a Minister, the Minister having power to authorise the acquiring authority to purchase the land compulsorily,
" land "—
includes messuages, tenements and hereditaments, and
in relation to compulsory purchase under any enactment, includes anything falling within any definition of the expression in that enactment,
" local authority " means the council of a county, borough or district, the common council of the City of London, the receiver for the metropolitan police district or any other authority being a local authority within the meaning of the [1875 c. 83.] Local Loans Act 1875 and includes—
any water authority or drainage board,
any joint board or joint committee if all the constituent authorities are such local authorities as aforesaid, and
the Honourable Society of the Inner Temple and the Honourable Society of the Middle Temple,
" National Trust " means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the [1907 c. cxxxvi.] National Trust Act 1907,
" owner " in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement, the unexpired term whereof exceeds three years,
" prescribed ": see subsection (2) below.
(2)Anything which, by Part II or III of this Act, or Schedule 1 or 3 of this Act, is required or authorised to be prescribed shall be prescribed by regulations made by the Secretary of State by statutory instrument.
(1)In this Act, unless the context otherwise requires, " statutory undertakers " means—
(a)any person authorised by any enactment to construct, work or carry on—
(i)any railway, light railway, tramway, road transport, water transport, canal or inland navigation undertaking, or
(ii)any dock, harbour, pier or lighthouse undertaking, or
(iii)any undertaking for the supply of electricity, gas, hydraulic power or water, or
(b)the British Airports Authority or the Civil Aviation Authority, or
(c)the Post Office or British Telecommunications,
and in this subsection " enactment " means any Act or any order or scheme made under or confirmed by an Act.
(2)In this Act " undertaking", in relation to the British Airports Authority, means the aerodromes owned by the Authority.
(3)In this Act " the appropriate Minister " means, in relation to any statutory undertakers, the Secretary of State.
(4)If any question arises under this Act which Minister is the appropriate Minister, the question shall be determined by the Treasury.
For the removal of doubt it is hereby declared that any power conferred—
(a)under this Act, or
(b)by or under the Acquisition of Land (Authorisation Procedure) Act 1946, or any enactment passed before the commencement of that Act,
to purchase land compulsorily is, except in so far as any express provision of any such enactment restricts the exercise of the power, exercisable notwithstanding any other enactment providing that the land shall be inalienable.