Part I Regional development agencies

Vesting and acquisition of land

I119 Vesting of land by order.

1

The Secretary of State may, in relation to land in England, by order made by statutory instrument provide that land specified in the order which is vested in a local authority or other public body or in a wholly-owned subsidiary of a public body shall vest in a regional development agency.

2

An order under subsection (1) may not specify land vested in statutory undertakers which is used for the purpose of carrying on their statutory undertakings or which is held for that purpose.

3

In the case of land vested in statutory undertakers, the power to make an order under subsection (1) shall be exercisable by the Secretary of State and the appropriate Minister.

4

The reference in subsection (3) to the Secretary of State and the appropriate Minister shall—

a

in relation to statutory undertakers who are or are deemed to be statutory undertakers for the purposes of any provision of Part XI of the M1Town and Country Planning Act 1990, be construed as if contained in that Part, and

b

in relation to any other statutory undertakers, be construed in accordance with an order made by the Secretary of State by statutory instrument.

5

If, for the purposes of subsection (3), any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

6

An order under subsection (1) shall have the same effect as a declaration under the M2Compulsory Purchase (Vesting Declarations) Act 1981 except that, in relation to such an order, the enactments mentioned in Schedule 4 shall have effect subject to the modifications specified there.

7

Compensation under the M3Land Compensation Act 1961, as applied by subsection (6) and Schedule 4, shall be assessed by reference to values current on the date the order under subsection (1) comes into force.

8

No compensation is payable under Part IV of the M4Land Compensation Act 1961 by virtue of an order under subsection (1).

9

No order under subsection (1) shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

10

In this section—

  • “local authority” also includes a county borough council and a parish council;

  • “statutory undertakers”, except where the context otherwise requires, means—

    1. a

      persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of hydraulic power,

    2. b

      a relevant airport operator (within the meaning of the M5Airports Act 1986),

    3. c

      British Shipbuilders, the Civil Aviation Authority and the Post Office,

    4. d

      any other authority, body or undertakers specified in an order made by the Secretary of State by statutory instrument, and

    5. e

      any wholly-owned subsidiary of any person, authority or body mentioned in paragraphs (a) to (c) or of any authority, body or undertakers specified in an order under paragraph (d),

    and “statutory undertaking” shall be construed accordingly;

  • “wholly-owned subsidiary” has the meaning given by section 736 of the M6Companies Act 1985.

11

A statutory instrument containing an order under subsection (4) or (10) shall be subject to annulment in pursuance of a resolution of either House of Parliament.