Leasehold Reform, Housing and Urban Development Act 1993

161 Vesting of land by order. E+W

(1) Subject to subsections (2) and (3), the Secretary of State may by order provide that land specified in the order which is vested in a local authority, statutory undertakers or other public body, or in a wholly-owned subsidiary of a public body, shall vest in the Agency.

(2) An order under subsection (1) may not specify land vested in statutory undertakers which is used for the purpose of carrying on their statutory undertakings or which is held for that purpose.

(3) In the case of land vested in statutory undertakers, the power to make an order under subsection (1) shall be exercisable by the Secretary of State and the appropriate Minister.

(4) An order under subsection (1) shall have the same effect as a declaration under the M1 Compulsory Purchase (Vesting Declarations) Act 1981 except that, in relation to such an order, the enactments mentioned in Schedule 19 to this Act shall have effect with the modifications specified in that Schedule.

(5) Compensation under the M2 Land Compensation Act 1961, as applied by subsection (4) and Schedule 19 to this Act, shall be assessed by reference to values current on the date the order under subsection (1) comes into force.

(6) No compensation is payable, by virtue of an order under subsection (1), under Part IV of the Land Compensation Act 1961.

[F1 (6A) No order shall be made under subsection (1) in relation to a universal service provider (within the meaning of the Postal Services Act 2000).]

(7) In this section—

• “the appropriate Minister”—

  (a)

  in relation to statutory undertakers who are or are deemed to be statutory undertakers for the purposes of any provision of Part XI of the M3 Town and Country Planning Act 1990, shall be construed as if contained in that Part;

  (b)

  in relation to any other statutory undertakers, shall be construed in accordance with an order made by the Secretary of State;

  and the reference to the Secretary of State and the appropriate Minister shall be similarly construed;

• “local authority” means a county council, [F2 a county borough council,]a district council, a London borough council or the Common Council of the City of London;

• “statutory undertakers”, except where the context otherwise requires, means—

  (a)

  persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of hydraulic power;

  (b)

  British Shipbuilders [F3 and], the Civil Aviation Authority, the British Coal Corporation F4 . . .;

  (c)

  any other authority, body or undertakers specified in an order made by the Secretary of State;

  (d)

  any wholly-owned subsidiary of any person, authority or body mentioned in paragraphs (a) and (b) or of any authority, body or undertakers specified in an order made under paragraph (c);

  and “statutory undertaking” shall be construed accordingly;

• “wholly-owned subsidiary” has the meaning given by section 736 of the M4 Companies Act 1985.

(8) If any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(9) An order under subsection (1) shall be made by statutory instrument but no such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(10) An order under subsection (7) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

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Amendments (Textual)

F1 S. 61(6A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 98(2)

F2 Words in s. 161(7) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 104 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F3 S. 161(7): Word in para.(b) of the definition of “statutory undertakers” inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 98(3)

F4 S. 161(7): Words in para. (b) of the definition of “statutory undertakers” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

Marginal Citations

M1 1981 c. 66.

M2 1961 c. 33.

M3 1990 c. 8.

M4 1985 c. 6.