Acquisition of Land Act 1981

17 Local authority and statutory undertakers’ land.E+W

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to the order has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.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

    (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, a police authority established under section 3 of the Police Act][F5 . . . F6 and a joint authority established by Part IV of the Local Government Act 1985] . . . F7,

    (b)

    in relation to Wales, the council of a county or district, [F8or a police authority established under section 3 of the Police Act 1964]

    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—

    (a)

    the [F9British Coal Corporation], and

    (aa)

    [F10the Funding Agency for Schools,

    (ab)

    the Schools Funding Council for Wales]

    (aa)

    [F11a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990, and]

    (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.

Textual Amendments

F4S. 17(4): words in para. (a) in definition of “local authority” inserted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 55(a); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

F8S. 17(4): words in para. (b) inserted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 55(b); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

F10S. 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).

Modifications etc. (not altering text)