Version Superseded: 23/12/2016
Point in time view as at 26/07/2011. This version of this provision has been superseded.
Housing and Regeneration Act 2008, Section 9 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The HCA may acquire land by agreement.
(2)The HCA may acquire land compulsorily if the Secretary of State authorises it to do so.
(3)The power of acquiring land compulsorily under subsection (2) includes power to acquire new rights over land.
(4)Subsection (5) applies where—
(a)land or new rights over land are being acquired compulsorily under subsection (2), and
(b)the land which is being acquired, or over which new rights are being acquired, forms part of a common, open space or allotment.
(5)The power under subsection (2) to acquire land compulsorily includes the power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (4)(a).
(6)Schedule 2 (which makes further provision in relation to the acquisition of land by the HCA) has effect.
(7)In this Part—
“allotment” means a fuel or field garden allotment,
“common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981 (c. 67),
“open space” means any land which is—
laid out as a public garden,
used for the purposes of public recreation, or
a disused burial ground.
Commencement Information
I1S. 9 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
