Modifications etc. (not altering text)
C1Pts. 2, 3 applied (with modifications) (28.1.2005) by The East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), arts. 1, 11
C2Pt. III (ss. 16–22) applied (with modifications) by Water Act 1989 (c. 15, SIF 130), s. 155(3)(4)(7), Sch. 20 para. 6(1)(b)(c) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
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
(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 [F1the 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of the land] has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.
[F2(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) [F3a National Park authority], [F4an urban development corporation] [F5, a Mayoral development corporation] [F6, F7...,]. . . F8. . ., [F9a Welsh planning board,] any statutory undertakers or a Minister.
(4)In subsection (3) above—
“local authority” means—
in relation to England, the council of a county or district [F10the Broads Authority], the council of a London borough, the Common Council of the City of London [F11, [F12the London Fire and Emergency Planning AuthorityF13...]]. . . [F14 . . . F15 [F16, a joint authority established by Part 4 of the Local Government Act 1985 [F17, a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009] or an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),]
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—
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F22a National Health Service trust established under [F23section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006] , and]
[F24an NHS foundation trust,]
[F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Schools Funding Council for Wales,]
F26...
[F27the National Health Service Commissioning Board,
a clinical commissioning group established under section 14D of the National Health Service Act 2006,]
any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.
[F28“a Welsh planning board” means a board constituted under—
(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
F1Words in s. 17(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 25(7)(a), 35(1); S.I. 2013/1488, art. 3(e) (with art. 8(3))
F2S. 17(2A) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 Pt. II para. 8(2)
F3Words 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
F4Words in s. 17(3) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15, para. 11; S.I. 1991/2067, art. 3.
F5Words in s. 17(3) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 7(2)
F6Words 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
F7Words in s. 17(3) omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 2 para. 9(1) (with art. 3(1))
F8Words 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.
F9Words 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.
F10Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 21, Sch. 6 para. 22
F11S. 17(4): words in para. (a) 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(a); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.
F12S. 17(4): words in the definition of “local authority” inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 34(3) (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)
F13Words in s. 17(4) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 143; S.I. 2012/2892, art. 2(i)
F14Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 60
F15Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), s. 237(2), Sch. 13 Pt. I
F16Words in s. 17(4) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 13 para. 37; S.I. 2008/917, art. 2(1)(p)
F17Words in s. 17(4) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 55; S.I. 2009/3318, art. 2(c)
F18S. 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.
F19S. 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.
F20S. 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)
F21S. 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
F22Paragraph (aa) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 23
F23Words in s. 17(4) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 61(a) (with Sch. 3 Pt. 1)
F24Words in s. 17(4) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 49; S.I. 2004/759, art. 2
F25S. 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
F26Words 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)
F27Words in s. 17(4) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 23(b); S.I. 2012/1831, art. 2(2)
F28S. 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.
F29S. 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)
C4S. 17(3) modified by Housing Act 1988 (c. 50, SIF 61), s. 78(1), Sch. 10 Pt. I para. 3
S. 17(3) modified (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. I para. 3; S.I. 1993/2762, art. 3.
C5S. 17(4) extended by S.I. 1985/1884, art. 4(t)
Marginal Citations
(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 [F30the 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
F30Words in s. 18(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 25(7)(a), 35(1); S.I. 2013/1488, art. 3(e) (with art. 8(3))
Marginal Citations
M21907 c. cxxxvi.
(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
F31[(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 [F32direct 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.
F33[(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 [F34except 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
F31S. 19(1)(aa) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15, para. 12(1)(a); S.I. 1991/2067, art.3.
F32Words in s. 19(2) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15, para. 12(1)(b); S.I. 1991/2067, art. 3
F33S. 19(2A) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 12(1)(c); S.I. 1991/2067, art.3.
F34Words in s. 19(3) added (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15, para. 12(1)(d);S.I. 1991/2067, art.3.
Modifications etc. (not altering text)
C6S. 19 applied by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 229(3)
C7S. 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)
Textual Amendments
F35S. 20 repealed (24.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), ss. 70, 84(6), Sch. 15, para. 28, Sch. 19, PartIII; S.I. 1991/2067, art.3.
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.