Statutory undertakers landE+W
3(1)This paragraph applies where the land over which a right is to be acquired by virtue of 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—E+W
(a)that any of the said land is used for the purposes of the carrying on of their undertaking, or
(b)that 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[F1and the representation is not withdrawn.]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 a right over 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 the right can be purchased without serious detriment to the carrying on of the undertaking, or
(b)that any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to or available for acquisition by them,
and certifies accordingly.
Textual Amendments
F1Words in Sch. 3, para. 3(1) added (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15, para.10(1); S.I. 1991/2067, art. 3.
Modifications etc. (not altering text)
C1Sch. 3 para. 3 functions transferred (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 18