Local Employment Act 1972

16 Compulsory purchase

(1) Section 1 of the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946 and section 1 of the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (procedure for compulsory purchase by local authorities and certain Ministers) shall apply in relation to the compulsory purchase of land by the Secretary of State under this Act.

(2) Notwithstanding anything in this Act, where at the time of publication in accordance with the provisions of the said Act of 1946 or the said Act of 1947 of notice of the preparation of a draft of a compulsory purchase order—

(a) land is in use for the purposes of any undertaking; and

(b) that undertaking provides employment which is substantial having regard to the extent of the land used for its purposes and the nature of the undertaking,

the Secretary of State shall not be authorised to acquire compulsorily the interest of the person carrying on the undertaking.

(3) Any person duly authorised in writing by the Secretary of State may, at any reasonable time, enter any land for the purpose of surveying it in connection with the exercise of the Secretary of State's powers under this Act to acquire land; and—

(a) subsection (9) of section 280 and subsections (1) to (4) and (6) of section 281 of the [1971 c. 78.] Town and Country Planing Act 1971; and

(b) subsections (4) to (7) and (9) of section 99 of the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947,

(which provide for the giving of notice and the production of authority to enter, for cases of obstruction, for safeguarding information as to manufacturing processes and trade secrets, for compensation for damage and for defining powers of survey) shall apply in relation to this subsection as they apply in relation to the said section 280 and the said section 99 respectively.