Application of compulsory purchase provisions to section 38 of the 2010 ActI13
1
Subject to paragraphs (3) and (4), section 154 of the 1991 Act3 applies for the purposes of section 38 of the 2010 Act as if the functions referred to in section 154(1) of the 1991 Act included functions under section 38 of the 2010 Act.
2
Section 157 of the 1991 Act4 applies for the purposes of section 38 of the 2010 Act as if—
a
section 157(2)(b) were omitted;
b
the F3references in section 157(6)(a) and (7)(a) to an order under section 168 were omitted; and
c
section 157(6)(c) to (e) F4and (7)(c) were omitted.
3
An authorisation to F2the Natural Resources Body for Wales orF1the Natural Resources Body for Wales under section 154 of the 1991 Act as applied by paragraph (1) may be given only for the purposes of enabling F9compliance with the legislation which implemented—
a
the Habitats Directive in relation to any steps and measures under Article 6 of that Directive or policies under Article 10 of that Directive;
b
the Water Framework Directive in relation to any environmental objectives; or
c
the Wild Birds Directive in relation to any steps and measures under Articles 2, 3 or 4 of that Directive.
4
In this article—
F10a
“environmental objectives” has the same meaning as in the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017;
b
c
“the Water Framework Directive” (“y Gyfarwyddeb Fframwaith Dŵr”) means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy6F6, as last amended by Commission Directive 2014/101/EU; F7...
d
“the Wild Birds Directive” (“ y Gyfarwyddeb Adar Gwyllt”) means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds7F8, as last amended by Council Directive 2013/17/EU.