Modifications etc. (not altering text)
C1Pt. II (ss. 5-46) excluded (23.6.1999) by S.I. 1999/1736, art. 7(4)
[F1(1)Subject to subsection (2) below, the Secretary of State may authorise a public telecommunications operator to purchase compulsorily any land in England and Wales which is required by the operator for, or in connection with, the establishment or running of the operator’s system or as to which it can reasonably be foreseen that it will be so required; and the M1Acquisition of Land Act 1981 shall apply to any compulsory purchase under this section as if the operator were a local authority within the meaning of that Act.
(2)No order shall be made authorising a compulsory purchase under this section except with the consent of the Director.
(3)The power of purchasing land compulsorily under this section includes power to acquire an easement or other right over land by the creation of a new right.
(4)The following provisions of M2[F2the Town and Country Planning Act 1990] shall have effect in relation to land acquired compulsorily by a public telecommunications operator under this section as they have effect in relation to land acquired compulsorily by statutory undertakers under any other enactment, namely—
(a)[F2sections 238 to 240] (use and development of consecrated land and burial grounds);
(b)[F2section 241] (use and development of land for open spaces); and
(c)[F2sections 271 to 274] (extinguishment of rights of way, and rights as to apparatus, of statutory undertakers).
(5)Where a public telecommunications operator has acquired any land under this section, he shall not dispose of that land or of any interest or right in or over it except with the consent of the Director.]
Textual Amendments
F1S. 34 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)
F2Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 63(1)
Marginal Citations