Modifications etc. (not altering text)
C1Pt. III (ss. 16–22) applied (with modifications) by Water Act 1989 (c. 15, SIF 130), s. 155(3)(4)(7), Sch. 20 para. 6(1)(b)(c) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
C2Part 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
(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to the order has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.
[F1(2A)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.]
(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), [F2an urban development corporation]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—
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,
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—
the [F7British Coal Corporation], and
[F8the Funding Agency for Schools,
the Schools Funding Council for Wales]
[F9a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990, and]
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.
Textual Amendments
F1S. 17(2A) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 Pt. II para. 8(2)
F2Words in s. 17(3) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15, para. 11; S.I. 1991/2067, art. 3.
F3Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 21, Sch. 6 para. 22
F4Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 60
F5Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), s. 237(2), Sch. 13 Pt. I
F6Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F7Words substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 40
F8S. 17(4)(aa)(ab) inserted after para. (a) (1.4.1994) by 1993 c. 35, ss. 11, 308(3); S.I. 1994/507, art. 3 which amending Act itself was repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I(with Sch. 39 para. 9).
F9Paragraph (aa) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 23
Modifications etc. (not altering text)
C3S. 17(3) modified by Housing Act 1988 (c. 50, SIF 61), s. 78(1), Sch. 10 Pt. I para. 3
S. 17(3) modified (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. I para. 3; S.I. 1993/2762, art. 3.
C4S. 17(4) extended by S.I. 1985/1884, art. 4(t)