C1C2Part III Special Kinds of Land

Annotations:
Modifications etc. (not altering text)
C2

Part 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.

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F1and the representation is not withdrawn..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.

F23

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. . .

b

a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act 1978;

F4F5. . .

c

a Primary Care Trust established under section 16A of the National Health Service Act 1977;F6and

F6d

a Local Health Board established under section 16BA of that Act;

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