Part I E+W+S Powers of Acquisition
Modifications etc. (not altering text)
C1Sch. 3 Pt. 1: transfer of functions to the Scottish Minster (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1
1(1)Subject to paragraph 2 below, the Secretary of State may authorise a licence holder to purchase compulsorily any land required for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on.E+W+S
(2)In this paragraph and paragraph 2 below “land” includes any right over land (other than, in Scotland, a right to abstract, divert and use water); and the power of the Secretary of State under this paragraph includes power to authorise the acquisition of rights over land by creating new rights as well as acquiring existing ones.
2(1)No order shall be made under paragraph 1 above authorising the compulsory purchase of land belonging to another licence holder except with the consent of the Director.E+W+S
(2)The Director shall not give his consent under this paragraph if—
(a)the land is being used by the licence holder to whom it belongs for the purposes of an installation necessary for the carrying on of the activities which he is authorised by his licence to carry on; or
(b)it appears to the Director that the land will be so used and that the use will commence, or any necessary planning permission or consent under section 36 or 37 of this Act will be applied for, within the period of five years beginning with the date of the application for his consent.
(3)The Secretary of State may by order provide that sub-paragraph (2) above shall have effect as if for the period mentioned in paragraph (b) there were substituted such other period as may be specified in the order.
(4)A consent under this paragraph which is not acted on within the period of six months beginning with the day on which it is granted shall cease to have effect at the end of that period.
(5)In this paragraph—
“the Planning Act” means [F1the Town and Country Planning Act 1990]or [F2the Town and Country Planning (Scotland) Act 1997];
“planning permission” means a planning permission granted under Part III of the Planning Act.
Textual Amendments
F1Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 83(1)
F2Words in Sch. 3 para. 2(5) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 44(1)
3(1)This paragraph applies to land which—E+W+S
(a)for the purposes of the M1Acquisition of Land Act 1981, is or forms part of a common, open space or a fuel or field garden allotment; or
(b)for the purposes of the M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, is or forms part of a common or open space.
(2)Where for any purpose a licence holder has acquired, or proposes to acquire, any land to which this paragraph applies, or any right over any such land, and other land is required for the purpose of being given in exchange for the land or right in question, the Secretary of State may authorise the licence holder to purchase that other land compulsorily, or he may acquire it by agreement.
4E+W+SWhere a licence holder has acquired any land by virtue of paragraph 1 above, he shall not dispose of that land or of any interest in or right over it except with the consent of the Director.