The York and North Yorkshire Combined Authority Order 2023

Acquisition and appropriation of land for planning and public purposes E+W

8.—(1) The functions of the constituent councils specified in the following provisions as applied by article 9 (2) to (5) are exercisable by the Combined Authority in relation to the Area—

(a) section 17 of the 1985 Act (acquisition of land for housing purposes)(1);

(b) section 18 of the 1985 Act (duties with respect to buildings acquired for housing purposes);

(c) section 226 of the 1990 Act (compulsory acquisition of land for development and other planning purposes)(2);

(d) section 227 of the 1990 Act (acquisition of land by agreement);

(e) section 229 of the 1990 Act (appropriation of land forming part of common, etc);

(f) section 230(1)(a) of the 1990 Act (acquisition of land for purposes of exchange);

(g) section 232 of the 1990 Act (appropriation of land held for planning purposes);

(h) section 233 of the 1990 Act (disposal by local authorities of land held for planning purposes)(3);

(i) section 235 of the 1990 Act (development of land held for planning purposes);

(j) section 236 of the 1990 Act (extinguishment of rights over land compulsorily acquired)(4);

(k) section 238 of the 1990 Act (use and development of consecrated land(5));

(l) section 239 of the 1990 Act (use and development of burial grounds); and

(m) section 241 of the 1990 Act (use and development of open spaces).

(2) The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.

(3) The exercise of the functions referred to in sub-paragraphs (a) and (c) of paragraph (1) is subject to the condition set in paragraph 4 (7) of Schedule 1 to this Order (Proceedings of the Combined Authority).

Commencement Information

I1 Art. 8 in force at 20.12.2023, see art. 1(2)

(1)

Section 17 was amended by section 222 of, and paragraph 24 of Schedule 18 to, the Housing Act 1996 (c. 52).

(2)

Section 226 was amended by sections 79, 99 and 120 of, and paragraph 3 of Schedule 3 and paragraph 1 of Schedule 9 to, the Fire and Rescue Services Act 2004 (c. 13).

(3)

Section 233 was amended by section 8 of the Growth and Infrastructure Act 2013 (c. 27).

(4)

Section 236 was amended by section 406 of, and paragraph 103 of Schedule 17 to, the Communications Act 2003 (c. 21).

(5)

Section 238 was amended by section 124 of the 2023 Act.