44(1)The Secretary of State may authorise the Authority to acquire land compulsorily for the purpose of carrying out its functions under paragraph 37(2) or 40 of this Schedule or for the purpose of improving any mooring within the Broads.E+W
(2)Where the Authority exercises its powers under sub-paragraph (1) above in relation to land which forms part of a common or open space or fuel or field garden allotment, the Secretary of State may authorise it to acquire compulsorily, or it may acquire by agreement, land for giving in exchange for the land acquired.
(3)The power to acquire land compulsorily includes power to create new rights as well as acquire existing ones.
(4)The M1Acquisition of Land Act 1981 shall apply to a compulsory purchase by the Authority subject, in the case of a compulsory acquisition of a right by the creation of a new right, to Schedule 3 of that Act.
Marginal Citations