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

Orders subject to special parliamentary procedure

17 Local 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to the order has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.

F12A

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.

C33

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), F2an urban development corporationthe Land Authority for Wales, the Peak Park Joint or Lake District Special Planning Board, any statutory undertakers or a Minister.

C44

In subsection (3) above—

  • “local authority” means—

    1. a

      in relation to England, the council of a county or district F3the Broads Authority, the council of a London borough, the Common Council of the City of London F4 . . . F5 and a joint authority established by Part IV of the Local Government Act 1985 . . . F6,

    2. 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;

  • “statutory undertakers” includes—

    1. a

      the F7British Coal Corporation, and

    2. aa

      F8the Funding Agency for Schools,

    3. ab

      the Schools Funding Council for Wales

    4. aa

      F9a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990, and

    5. b

      any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.

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.