Water Resources Act 1991

154 Compulsory purchase etc. E+W

(1) The [F1 Agency] may be authorised by either of the Ministers to purchase compulsorily any land anywhere in England and Wales which is required by the [F1 Agency] for the purposes of, or in connection with, the carrying out of its functions.

(2) The power of each of the Ministers 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 [F1 Agency] of any rights over land which is to be or has been acquired by the [F1 Agency], to provide for the extinguishment of those rights.

(3) Without prejudice to the generality of subsection (1) above, the land which the [F1 Agency] 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 M1 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 182 below, the Acquisition of Land Act 1981 shall apply to any compulsory purchase under subsection (1) above of any land by the [F1 Agency]; 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 M2 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 M3 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, by virtue of any provision of this Act [F2 or otherwise (including section 37 of the 1995 Act (incidental general powers of the Agency))], on the [Agency] as if—

(a) any reference in those provisions to the acquiring authority were a reference to the [F1 Agency]; and

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

Textual Amendments

F1 Word in s. 154 substituted (subject to the other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 Words in s. 154(6) substituted (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 157 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations

M1 1981 c. 67.

M2 1965 c. 56.

M3 1965 c. 56.