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Version Superseded: 13/07/2016
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(1)The Secretary of State shall have power, in order to provide or facilitate the provision of premises in any development area or intermediate area for occupation by undertakings carried on or to be carried on there or for otherwise meeting the requirements of such undertakings (including requirements arising from the needs of persons employed or to be employed therein)—
(a)to acquire land by agreement or, if so authorised, compulsorily;
(b)to erect buildings and carry out works on land belonging to the Secretary of State;
(c)by agreement with the persons interested in any other land, to erect buildings and carry out works on the land on such terms (including terms as to repayment of expenditure incurred by the Secretary of State) as may be specified in the agreement.
(2)The Secretary of State shall not acquire under subsection (1) above any buildings other than industrial buildings (as defined in [F1section 14A of this Act]) except for redevelopment or as part of a larger property which in the opinion of the Secretary of State would be incomplete without them.
(3)The Secretary of State may modernise, adapt or reconstruct any buildings or other works on land acquired by him under this section or the M1Local Employment Act 1972 and, where the execution of that work will interrupt the use of the buildings or works by any undertaking, acquire other land by agreement, and erect buildings and carry out works on that other land, or on land previously acquired by the Secretary of State as aforesaid, for the purpose of providing premises for the occupation of that undertaking or of otherwise meeting its requirements.
(4)Where land acquired by the Secretary of State under this section or the M2Local Employment Act 1972 is situated in a locality which is not a development area or intermediate area, the Secretary of State may exercise in relation to the land the following powers, that is to say—
(a)power to preserve and maintain the land and any buildings or works on it, and to erect buildings and carry out works on it;
(b)where there are buildings on the land, power to acquire by agreement other land contiguous or adjacent to it for the purpose of erecting thereon extensions to those buildings or of erecting thereon other buildings to be used with the first-mentioned buildings as part of a single undertaking;
(c)power to provide means of access, services and other facilities for meeting the requirements of undertakings carried on, or to be carried on, on the land (including requirements arising from the needs of persons employed or to be employed therein).
(5)The M3Acquisition of Land Act 1981 shall apply in relation to the compulsory purchase of land by the Secretary of State under this section; but, notwithstanding anything in this section, where at the time of publication in accordance with the provisions of that Act of notice of the preparation of a draft of a compulsory purchase order—
(a)land is in use for the purposes of any undertaking, and
(b)that undertaking provides employment which is substantial having regard to the extent of the land used for its purposes and the nature of the undertaking,
the Secretary of State shall not be authorised to acquire compulsorily the interest of the person carrying on the undertaking.
(6)Any person duly authorised in writing by the Secretary of State may, at any reasonable time, enter any land for the purpose of surveying it in connection with the exercise of the Secretary of State’s powers under this section to acquire land; and [F2subsection (8) of section 324 and subsections (1) to (6), (8) and (9) of section 325 of the Town and Country Planning Act 1990] (which contain supplemental provision with respect to powers of entry) shall apply in relation to this subsection as they apply in relation to [F2the said section 324].
Textual Amendments
F1Words substituted by Housing and Planning Act 1986 (c. 63, SIF 123:1), ss. 49, 53, Sch. 11 Pt. I para. 25(2)
F2Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 57
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