PART IIISpecial Kinds of Land
16Statutory undertakers' land excluded from compulsory purchase
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.
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 be longing to, or available for acquisition by, the undertakers without serious detriment to the carrying on thereof,
and certifies accordingly.
Orders subject to special parliamentary procedure
17Local authority and statutory undertakers' land
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to the order has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.
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), the Land Authority for Wales, the Peak Park Joint or Lake District Special 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, the council of a London borough, the Common Council of the City of London and the Greater London Council.
- b
in relation to Wales, the council of a county or district, and this definition applies to the Isles of Scilly as if the Council of those Isles were the council of a county ;
- a
" statutory undertakers " includes—
- a
the National Coal Board, and
- b
any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph,
- a
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.
18National Trust land
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 the order 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 [1907 c. cxxxvi.] National Trust Act 1907 or section 8 of the [1939 c. lxxxvi.] National Trust Act 1939.
19Commons, open spaces etc.
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
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 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.
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.
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.
20Ancient monuments
1
This section applies, subject to subsection (2) below, to land being, or being the site of—
a
a monument with respect to which an interim preservation notice is in force, or
b
subject to subsection (4) below, any other ancient monument as defined in the Ancient Monuments Acts 1913 and 1931.
2
Subsection (1) above shall not include a fisted building, or any land or object comprised within the curtilage of a listed building, unless the building or object—
a
is specified in the Schedule to the [1882 c. 73.] Ancient Monuments Protection Act 1882, or
b
is for the time being specified in a list published under section 12 of the [1913 c. 32.] Ancient Monuments Consolidation and Amendment Act 1913.
3
In so far as a compulsory purchase order authorises the purchase of land to which this section applies, the order shall be subject to special parliamentary procedure unless the Secretary of State is the acquiring authority or certifies that the acquiring authority has entered into an undertaking with the Secretary of State to observe such conditions as to the use of the land as in his opinion are requisite having regard to the nature thereof.
4
Subsection (1)(b) above is prospectively repealed by the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979 as amended by paragraph 29 of Schedule 4 to this Act, that is to say repealed by a provision which may be brought into force under section 65(2) of that Act.
5
In this section—
" interim preservation notice " means a notice served under section 10(1) of the [1953 c. 49.] Historic Buildings and Ancient Monuments Act 1953,
"listed building" has the meaning given by section 54 of the [1971 c. 78.] Town and Country Planning Act 1971.
21Land within more than one provision in Part III
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.
Supplemental
22Notice of giving of certificate
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.