4(1)Subject to sub-paragraph (2), the Secretary of State may authorise a code operator to purchase compulsorily any land in Scotland which is required by the operator—U.K.
(a)for, or in connection with, the establishment or running of the operator’s network; or
(b)as to which it can reasonably be foreseen that it will be so required.
(2)No order is to be made authorising a compulsory purchase under this paragraph except with OFCOM’s consent.
(3)This power to purchase land compulsorily includes power to acquire a servitude or other right over land by the creation of a new right.
(4)The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) applies to any compulsory purchase under this paragraph as if—
(a)the code operator were a local authority within the meaning of that Act; and
(b)this paragraph had been in force immediately before the commencement of that Act.
(5)The provisions of the Town and Country Planning (Scotland) Act 1997 (c. 8) specified in sub-paragraph (6) have effect in relation to land acquired compulsorily by a code operator under this paragraph as they have effect in relation to land acquired compulsorily by statutory undertakers.
(6)Those provisions are—
(a)section 197 (provisions as to churches and burial grounds);
(b)section 198 (use and development of land for open spaces); and
(c)sections 224 to 227 (extinguishment of rights of way, and rights as to apparatus, of statutory undertakers).
(7)Where a code operator has acquired land under this paragraph, he must not dispose of that land, or of any interest or right in or over it, except with OFCOM’s consent.
Commencement Information
I1Sch. 4 para. 4 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
I2Sch. 4 para. 4 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)