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Local Government (Miscellaneous Provisions) Act 1976

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This is the original version (as it was originally enacted).

13Compulsory acquisition by local authorities of rights over land

(1)A local authority which may be authorised by a Minister of the Crown, by means of a compulsory purchase order, to purchase any land compulsorily for any purpose may be authorised by that Minister, by means of such an order, to purchase compulsorily for that purpose such new rights over the land as are specified in the order; and in this subsection " new rights " means rights which are not in existence when the order specifying them is made.

(2)The Acquisition of Land (Authorisation Procedure) Act 1946 and the Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make them apply to the compulsory purchase of rights by virtue of the preceding subsection as they apply to the compulsory purchase of land so that, in appropriate contexts, references in those Acts to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context.

(3)Without prejudice to the generality of the preceding subsection, in relation to the purchase of rights in pursuance of subsection (1) of this section—

(a)Part III of Schedule 1 to the said Act of 1946 (which provides for special parliamentary procedure in the case of the purchase of land of certain descriptions) shall have effect with the adaptations specified in Part I of Schedule 1 to this Act;

(b)Part I of the said Act of 1965 (which relates to compulsory purchases under the said Act of 1946) shall have effect with the modifications specified in Part II of Schedule 1 to this Act; and

(c)the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.

(4)Nothing in the preceding provisions of this section shall authorise the purchase of any rights by an authority for a purpose for which there is power by virtue of section 47 of the Highways Act 1971 (which relates to the compulsory acquisition of rights by highway authorities) to authorise the authority to acquire the rights.

(5)In this section " compulsory purchase order " has the same meaning as in the said Act of 1946.

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