Conwy Tunnel (Supplementary Powers) Act 1983

Land and works

2 Power to acquire specified land compulsorily

(1) The Secretary of State is authorised by this section to acquire compulsorily so much of the land shown on the deposited plan within the limits of land to be acquired as may be required for or in connection with the principal works.

(2) Part I of the [1965 c. 56.] Compulsory Purchase Act 1965 (except sections 4 and 27 and paragraph 3(3) of Schedule 3) shall apply to the acquisition of land under this section as it applies to a compulsory purchase to which Schedule 1 to the [1981 c. 67.] Acquisition of Land Act 1981 applies.

(3) A notice to treat under that Part for the purpose of acquiring any land under this section shall not be served after 31st December 1986 or such later date as may for the time being be authorised by an order made by the Secretary of State; and an order under this subsection shall be subject to special parliamentary procedure.

(4) The [1845 c. 18.] Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under this section.

(5) Schedule 1 to this Act (which contains supplementary provisions relating to the acquisition of land for or in connection with the principal works) shall have effect.

3 Further power to acquire land

(1) The Secretary of State may acquire compulsorily land required for or in connection with the principal works, not being land which may be acquired under section 2 of this Act.

(2) A compulsory purchase order made in pursuance of this section may provide for the acquisition of rights over land by creating them as well as for the acquisition of rights already in existence.

(3) References in this section and Schedule 1 to this Act to rights over land include references to the right to do, or to place and maintain, anything in, on or under land or in the airspace above its surface.

(4) For the purpose of the acquisition by the Secretary of State of land required for or in connection with the principal works by agreement, Part I of the [1965 c. 56.] Compulsory Purchase Act 1965 (so far as applicable and excluding sections 4 to 8, 10, 27 and 31) shall apply; and in that Part, as so applied, "land" has the same meaning as in this Act.

(5) The [1981 c. 67.] Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land under this section, and Schedule 3 to that Act shall apply to the compulsory acquisition of a right by virtue of subsection (2) above.

4 Construction of tunnel units

(1) The Secretary of State may construct the tunnel units on land acquired under section 2 of this Act or other Crown land shown on the deposited plan within the limits of land to be acquired.

(2) This section is not to be taken as prejudicing the Secretary of State's power to use, in constructing the tunnel, tunnel units constructed by himself or another on land other than land mentioned in subsection (1) above.

5 Construction of jetty

(1) The Secretary of State may construct a jetty in the situation and in accordance with the levels shown on the deposited plan and the deposited section.

(2) In constructing the jetty, the Secretary of State may deviate laterally from the situation shown on the deposited plan to the extent of the limits of deviation so shown, and may deviate vertically from the levels shown on the deposited section to the extent of two metres upwards and to any extent downwards.

6 Subsidiary works and supplementary powers

(1) Schedule 2 to this Act has effect for authorising certain works to be constructed or carried out in connection with the principal works, and for conferring on the Secretary of State certain other supplementary powers for or in connection with the construction, maintenance or improvement of the tunnel.

(2) References below in this Act to the tunnel works are references to the principal construction works and any works or other action authorised by Schedule 2 to this Act which is undertaken for or in connection with the principal construction works.

(3) References below in this Act to tunnel maintenance works are references to any such works for the maintenance, improvement or repair of, or other dealing with, the tunnel as are mentioned in section 1(3) of this Act and any works or other action authorised by Schedule 2 to this Act which is undertaken for or in connection with any such works.

(4) Without prejudice to the application apart from this subsection of section 6 of the 1980 Act (delegation, etc., of functions with respect to maintenance, etc., of trunk roads) to the powers of the Secretary of State under this Act, that section shall apply to any power under Schedule 2 to this Act exercisable for the purpose of any tunnel maintenance works.