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Housing and Regeneration Act 2008
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Changes over time for: Section 9
Version Superseded: 30/01/2021
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Housing and Regeneration Act 2008, Section 9 is up to date with all changes known to be in force on or before 23 November 2024. 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.
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9Acquisition of landE+W
This section has no associated Explanatory Notes
(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—
(a)laid out as a public garden,
(b)used for the purposes of public recreation, or
(c)a disused burial ground.
Modifications etc. (not altering text)
C1Pt. 1 Chs. 1, 2 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(5), Sch. 2 Pt. 1
C2S. 9 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(e)(2)(3), 15(1)(a)(iii) (with art. 7)
C3S. 9 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(e) (with art. 18(3)(b))
C4S. 9 functions made exercisable (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 6(1)-(4)
C5S. 9 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 10(1)(3)
C6S. 9 functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14 (with art. 28)
C7S. 9 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(1)(e)(2)-(4)
Commencement Information
I1S. 9 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)
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