SCHEDULES

C1C2C3C4C5C6C7 SCHEDULE 3 Acquisition of Rights over Land by the Creation of New Rights

Annotations:
Modifications etc. (not altering text)
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Schedule 3 applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 155(4), 223(2) (with saving in s. 188 and with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

Schedule 3 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)

Schedule 3 applied (with modifications) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 154(4), 225(2) (with saving in s. 182 and with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Schedule 3 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)

Schedule 3 applied (with modifications) (10.11.1993) by 1993 c. 28, ss. 162(5), 169, Sch. 20 Pt. I; S.I. 1993/2762, art. 3.

Sch. 3 applied (18.12.1996) by 1996 c. 61, s. 5(4)

Sch. 3 extended (26.3.2001) by 2000 c. 26, s. 95, Sch. 5, Pt. II para. 4(2); S.I. 2000/2957, art. 2(3), Sch. 3

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Sch. 3 applied (22.7.2008) by Crossrail Act 2008 (c. 18), s. 7(6)

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Sch. 3 applied (with modifications) (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 2 para. 2; S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

Part II Acquisition of New Rights Over Special Kinds of Land

Local authority and statutory undertakers’ land

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1

This paragraph 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 sub-paragraph (3) below, a compulsory purchase order shall, in so far as it authorises the compulsory purchase of rights over land to which this paragraph applies, be subject to special parliamentary procedure in any case where an objection to F10the compulsory purchase of the rights has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.

3

Sub-paragraph (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 sub-paragraph (4) below), F1an urban development corporationF9, a Mayoral development corporationF8F2...,. . . F3. . ., F4a Welsh planning board,any statutory undertakers or a Minister.

4

In sub-paragraph (3) above—

  • “local authority” means—

    1. 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,

    2. b

      in relation to Wales, the council of a county or F5county borough,

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

  • “statutory undertakers” has the same meaning as in section 17(3) of this Act.

  • F6“a Welsh planning board” means a board constituted under—

    1. a

      section 2(1B) of the Town and Country Planning Act 1990; F7. . .

    2. b

      F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .