Part IIIE+W Special Kinds of Land

Modifications etc. (not altering text)

C3Part III applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167, 223(2), Sch. 11 para. 6(1)(b)(with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

Part III applied (with modifications) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168, 225(2), Sch. 19 para. 6(1)(b)(with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Parts II-IV applied (31.10.1994) by Opencast Coal Act 1958 c. 69, s. 16(4A) as substituted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 14(5); S.I. 1994/2553, art. 2

16 Statutory undertakers’ land excluded from compulsory purchase.E+W

(1)This section applies where the land comprised in a compulsory purchase order includes land which has been acquired by statutory undertakers for the purposes of their undertaking and on a representation made to the appropriate Minister before the expiration of the time within which objections to the order can be made he is satisfied that—

(a)any of the said land is used for the purposes of the carrying on of their undertaking, or

(b)an interest in any of the said land is held for those purposes.

[F1and the representation is not withdrawn.].

(2)The compulsory purchase order shall not be confirmed or made so as to authorise the compulsory purchase of any land as to which the appropriate Minister is satisfied as aforesaid except land as to which he is satisfied that its nature and situation are such—

(a)that it can be purchased and not replaced without serious detriment to the carrying on of the undertaking, or

(b)that if purchased it can be replaced by other land belonging to, or available for acquisition by, the undertakers without serious detriment to the carrying on thereof,

and certifies accordingly.

[F2(3)In the preceding provisions of this section “statutory undertakers” include—

(a)a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990; F3. . .

[F4(aa)the National Health Service Commissioning Board;

(ab)a clinical commissioning group established under section 14D of the National Health Service Act 2006;]

(b)a National Health Service trust established under [F5section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006] or the National Health Service (Scotland) Act 1978;

F6. . .

[F7(ba) an NHS foundation trust;]

F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(d)a Local Health Board established under [F10section 11 of the National Health Service (Wales) Act 2006] ;]

but in relation to a health service body, as so defined, any reference in those provisions to land acquired or available for acquisition by the statutory undertakers shall be construed as a reference to land acquired or available for acquisition by the Secretary of State for use or occupation by that body]

Textual Amendments

F3S. 16(3): the word preceding para. (a) repealed (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1

F6S. 16(3): word at the end of para. (b) repealed (10.10.2002 for W., 1.3.2007 in so far as not already in force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 25, Sch. 9 Pt. 1; S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12

F9S. 16(3)(d) and preceding word inserted (10.10.2002 for W., 1.3.2007 in so far as not already in force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 25; S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12

Modifications etc. (not altering text)

Orders subject to special parliamentary procedureE+W

17 Local authority and statutory undertakers’ land.E+W

(1)This section applies to land which—

(a)is the property of a local authority, or

(b)has been acquired by statutory undertakers, who are not a local authority, for the purposes of their undertaking.

(2)Subject to subsection (3) below, a compulsory purchase order shall, in so far as it authorises the compulsory purchase of land to which this section applies, be subject to special parliamentary procedure in any case where an objection to [F11the compulsory purchase of the land] has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.

[F12(2A)Subsection (3) of section 16 above applies in relation to subsections (1) and (2) above as it applies in relation to the preceding provisions of that section.]

(3)Subsection (2) above shall not apply to the compulsory acquisition of an interest in land where the person acquiring the interest is a local authority (as defined in subsection (4) below) [F13a National Park authority], [F14an urban development corporation] [F15, a Mayoral development corporation] [F16, F17...,]. . . F18. . ., [F19a Welsh planning board,] any statutory undertakers or a Minister.

(4)In subsection (3) above—

  • “local authority” means—

    (a)

    in relation to England, the council of a county or district [F20the Broads Authority], the council of a London borough, the Common Council of the City of London, [F21a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] [F22the London Fire Commissioner,] F23.... . . [F24 . . . F25, a joint authority established by Part 4 of the Local Government Act 1985 [F26 or a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009],

    (b)

    in relation to Wales, the council of a county or [F27county borough], [F28or a police authority established under [F29section 3 of the Police Act 1996]]. . .

    and this definition applies to the Isles of Scilly as if the Council of those Isles were the council of a county;

  • “statutory undertakers” includes—

    (a)

    F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (aa)

    [F31a National Health Service trust established under [F32section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006] , and]

    (aab)

    [F33an NHS foundation trust,]

    (ab)

    [F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (ac)

    the Schools Funding Council for Wales,]

    (ad)

    F35...

    (ae)

    [F36the National Health Service Commissioning Board,

    (af)

    a clinical commissioning group established under section 14D of the National Health Service Act 2006,]

    (b)

    any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.

  • [F37“a Welsh planning board” means a board constituted under—

    (a)

    section 2(1B) of the M1Town and Country Planning Act 1990; F38

    (b)

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5)An order under paragraph (b) of the definition of “statutory undertakers” in subsection (4) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F13Words in s. 17(3) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 21(1)(with Sch. 8 para. 7); S.I. 1995/2950, art. 2

F15Words in s. 17(3) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 7(2)

F16Words in s. 17(3) inserted (1.10.1998) by 1998 c. 38, s. 128, Sch. 14 Pt. II para. 17 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

F18Words in s. 17(3) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F19Words in s. 17(3) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 17(1)(a)(with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.

F21Words in s. 17(4) 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. 43; S.I. 2017/399, reg. 2, Sch. para. 38

F22Words in s. 17(4) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 64; S.I. 2018/227, reg. 4(c)

F27S. 17(4): words in para. (b) in definition of “local authority” substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 64(1)(with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.

F28S. 17(4): words in para. (b) in definition of “local authority” inserted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 55(b); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

F29S. 17(4): words in paras. (a)(b) in definition of “local authority” substituted (1.4.1996) by 1996 c. 16, ss. 103, 104(1)(2), Sch. 7 Pt. I para. 1(2)(q)

F30S. 17(4): para. (a) in definition of “statutory undertaker” repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 27(1), Sch. 11 Pt. II (with s. 40(7)); S.I. 1994/2553, art. 2

F34S. 17(4): paras. (ab)(ac) in definition of "statutory undertakers" inserted (1.11.1996) by 1995 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 51(2)(with s. 1(4), Sch. 39) and para. (ab)(ac) repealed (1.9.1999 in relation to para. (ab)) by 1998 c. 31, ss. 140(3), 145(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F35Words in s. 17(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 23(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F37S. 17(4): definition of “a Welsh planning board” added (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 17(1)(b)(with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 22(3)); S.I. 1996/396, art. 3, Sch.

F38S. 17(4): para. (b) and word “or” immediately preceding it in definition of “a Welsh planning board” repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117): S.I. 1996/2560, art. 2, Sch.

Modifications etc. (not altering text)

C6S. 17(4) extended by S.I. 1985/1884, art. 4(t)

Marginal Citations

18 National Trust land.E+W

(1)This section applies to land belonging to the National Trust which is held by the Trust inalienably.

(2)A compulsory purchase order shall, in so far as it authorises the compulsory purchase of land to which this section applies, be subject to special parliamentary procedure in any case where an objection to [F39the compulsory purchase of the land] has been duly made by the National Trust and has not been withdrawn.

(3)In this section “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the M2National Trust Act 1907 or section 8 of the M3National Trust Act 1939.

Textual Amendments

Marginal Citations

M21907 c. cxxxvi.

19 Commons, open spaces etc. E+W

(1)In so far as a compulsory purchase order authorises the purchase of any land forming part of a common, open space or fuel or field garden allotment, the order shall be subject to special parliamentary procedure unless the Secretary of State is satisfied—

(a)that there has been or will be given in exchange for such land, other land, not being less in area and being equally advantageous to the persons, if any, entitled to rights of common or other rights, and to the public, and that the land given in exchange has been or will be vested in the persons in whom the land purchased was vested, and subject to the like rights, trusts and incidents as attach to the land purchased, or

F40[(aa)that the land is being purchased in order to secure its preservation or improve its management]

(b)that the land does not exceed 250 square yards in extent or is required for the widening or drainage of an existing highway or partly for the widening and partly for the drainage of such a highway and that the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public,

and certifies accordingly.

(2)Where it is proposed to give a certificate under this section, the Secretary of State shall [F41direct the acquiring authority to] give public notice of his intention so to do, and—

(a)after affording opportunity to all persons interested to make representations and objections in relation thereto, and

(b)after causing a public local inquiry to be held in any case where it appears to him to be expedient so to do, having regard to any representations or objections made,

the Secretary of State may, after considering any representations and objections made and, if an inquiry has been held, the report of the person who held the inquiry, give the certificate.

F42[(2A)Notice under subsection (2) above shall be given in such form and manner as the Secretary of State may direct.]

(3)A compulsory purchase order may provide for—

(a)vesting land given in exchange as mentioned in subsection (1) above in the persons, and subject to the rights, trusts and incidents, therein mentioned, and

(b)discharging the land purchased from all rights, trusts and incidents to which it was previously subject [F43except where the Secretary of State has given a certificate under subsection (1)(aa) above.].

(4)In this section—

  • “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green,

  • “fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act,

  • “open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land being a disused burial ground.

Textual Amendments

Modifications etc. (not altering text)

C8S. 19 excluded (with effect in accordance with s. 40(9)(a) of the amending Act) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 36(3)(a), 40(1)(f)

F4420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

21 Land within more than one provision in Part III.E+W

In the case of land falling within more than one of sections 17 to 20 above a compulsory purchase order shall be subject to special parliamentary procedure if required to be subject thereto by any of those sections.

SupplementalE+W

22 Notice of giving of certificate.E+W

As soon as may be after the giving of a certificate under this Part of this Act, the acquiring authority shall publish in one or more local newspapers circulating in the locality in which the land comprised in the order is situated a notice in the prescribed form stating that the certificate has been given.