Development of Rural Wales Act 1976

56 (1) In this Schedule—

• “acquired under the new towns code” means acquired by means of a compulsory purchase order made under any provision of the new towns code (and any reference to an acquisition of land under that code or to land acquired under that code shall be construed accordingly);

• “acquiring authority”, in relation to an acquisition of land under the new towns code or by agreement under this Act or to a proposal so to acquire land, means the Board, the Secretary of State or a local highway authority;

• “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882 and any town or village green;

• “enactment” includes an enactment in a local or private Act of Parliament, and an order, byelaw or scheme made under an Act of Parliament;

• “fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

• “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the M1 National Trust Act 1907 or section 8 of the M2 National Trust Act 1939;

• “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty;

• “open space” means any land laid out as a public garden, or used for purposes of public recreation, or land being a disused burial ground;

• “owner”, in relation to any building or land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the building or land, whether in possession or reversion, or who holds or is entitled to the rents and profits of the building or land under a lease or agreement of which the unexpired term exceeds three years;

• “planning permission” means permission under [F1 Part III of the Town and Country Planning Act 1990];

• “prescribed” means prescribed by regulations made by the Secretary of State.

(2) If, in relation to the authorisation under the new towns code of a compulsory acquisition of land, any question arises whether land of statutory undertakers is operational land that question shall be determined by the Secretary of State and the appropriate Minister.

(3) For the purposes of this Schedule “the appropriate Minister” is, in relation to any statutory undertakers specified in column (1) of the following Table, the Minister specified in relation to those undertakers in column (2) of that Table.

(1)	(2)
Statutory undertakers	Appropriate Minister
1. Statutory undertakers authorised to carry on any railway, light railway, tramway, road transport, dock, harbour or pier undertaking.	The Secretary of State for Transport.
2. Statutory undertakers authorised to carry on any water transport, canal or inland navigation undertaking.	The Secretary of State for the Environment.
3. Statutory undertakers authorised to carry on any lighthouse undertaking.	The Secretary of State for Trade.
4. Statutory undertakers authorised to carry on an undertaking for the supply of . . . F2 hydraulic power.	The Secretary of State for Energy.
5. [F3 Statutory undertakers authorised to carry on an undertaking for the supply of water.]	[F3 The Secretary of State for Wales.]
6. The Post Office.	The Secretary of State for Industry.
7. The Civil Aviation Authority or the British Airports Authority.	The Secretary of State for Trade.
8. The [F4 British Coal Corporation].	The Secretary of State for Energy.
9. The United Kingdom Atomic Energy Authority.	The Secretary of State for Energy.

(4) References in this Schedule to the Secretary of State and the appropriate Minister shall have effect—

(a) as references to the Secretary of State and the appropriate Minister, if the appropriate Minister is not the one concerned as the Secretary of State; and

(b) as references to the one concerned as the Secretary of State alone, if he is also the appropriate Minister.

(5) If, in relation to anything required or authorised to be done under the new towns code, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

Textual Amendments

F1 Words substiututed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 37(2)(b)

F2 Words repealed by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I and Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F3 Entry repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

F4 Words substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2)(3), Sch. 1 para. 33

Marginal Citations

M1 1907 c. cxxxvi.

M2 1939 c. lxxxvi.