C5C3C4 Part III Special Kinds of Land

Annotations:
Modifications etc. (not altering text)
C5

Pts. 2, 3 applied (with modifications) (28.1.2005) by The East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), arts. 1, 11

C4

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 F27the compulsory purchase of the land has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.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.

C13

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) F2a National Park authority, F3an urban development corporationF23, a Mayoral development corporationF4, F21...,. . . F5. . ., F6a Welsh planning board, any statutory undertakers or a Minister.

C24

In subsection (3) above—

  • “local authority” means—

    1. a

      in relation to England, the council of a county or district F7the Broads Authority, the council of a London borough, the Common Council of the City of London F8, F9the London Fire and Emergency Planning AuthorityF25.... . . F11 . . . F12, a joint authority established by Part 4 of the Local Government Act 1985 F28 or a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,

    2. b

      in relation to Wales, the council of a county or F13county borough, F14or a police authority established under F10section 3 of the Police Act 1996. . .

    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

      F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. aa

      F16a National Health Service trust established under F22section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 , and

    3. aab

      F20an NHS foundation trust,

    4. ab

      F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. ac

      the Schools Funding Council for Wales,

    6. ad

      F26...

    7. ae

      F24the National Health Service Commissioning Board,

    8. af

      a clinical commissioning group established under section 14D of the National Health Service Act 2006,

    9. b

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

  • F18“a Welsh planning board” means a board constituted under—

    1. a

      section 2(1B) of the M1Town and Country Planning Act 1990; F19

    2. b

      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.