Water Act 1989

151 Compulsory purchase etc

(1) The Authority, a water undertaker or a sewerage undertaker may be authorised—

(a) in the case of the Authority, by the Secretary of State or the Minister; and

(b) in the case of a water undertaker or sewerage undertaker, by the Secretary of State,

to purchase compulsorily any land anywhere in England and Wales which is required by the Authority or, as the case may be, that undertaker for the purposes of, or in connection with, the carrying out of its functions.

(2) The power of the Secretary of State or the Minister under subsection (1) above shall include power—

(a) to authorise the acquisition of interests in and rights over land by the creation of new interests and rights; and

(b) by authorising the acquisition by the Authority or any water undertaker or sewerage undertaker of any rights over land which is to be or has been acquired by the Authority or that undertaker, to provide for the extinguishment of those rights.

(3) Without prejudice to the generality of subsection (1) above, the land which the Authority or a water undertaker or sewerage undertaker may be authorised under that subsection to purchase compulsorily shall include land which is or will be required for the purpose of being given in exchange for, or for any right over, any other land which for the purposes of the [1981 c. 67.] Acquisition of Land Act 1981 is or forms part of a common, open space or a fuel or field garden allotment.

(4) Subject to section 159 below, the Acquisition of Land Act 1981 shall apply to any compulsory purchase under subsection (1) above of any land by the Authority, a water undertaker or a sewerage undertaker; and Schedule 3 to the said Act of 1981 shall apply to the compulsory acquisition under that subsection of rights by the creation of new rights.

(5) Schedule 18 to this Act shall have effect for the purpose of modifying enactments relating to compensation and the provisions of the [1965 c. 56.] Compulsory Purchase Act 1965 in their application in relation to the compulsory acquisition under subsection (1) above of a right over land by the creation of a new right.

(6) The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, 10, 21, 27(1) and 31 and Schedule 4, shall apply in relation to any power to acquire land by agreement which is conferred (whether by virtue of section 145(1) above or otherwise) on the Authority or (whether by virtue of the memorandum and articles of the company for the time being carrying out the functions of the undertaker or section 97(1) above or otherwise) on a water undertaker or sewerage undertaker, as if—

(a) any reference in those provisions to the acquiring authority were a reference to the Authority or, as the case may be, that undertaker; and

(b) any reference to land subject to compulsory purchase were a reference to land which may be purchased by agreement under that power.