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Communications Act 2003

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This is the original version (as it was originally enacted).

Compulsory purchase of land: Scotland

This section has no associated Explanatory Notes

4(1)Subject to sub-paragraph (2), the Secretary of State may authorise a code operator to purchase compulsorily any land in Scotland which is required by the operator—

(a)for, or in connection with, the establishment or running of the operator’s network; or

(b)as to which it can reasonably be foreseen that it will be so required.

(2)No order is to be made authorising a compulsory purchase under this paragraph except with OFCOM’s consent.

(3)This power to purchase land compulsorily includes power to acquire a servitude or other right over land by the creation of a new right.

(4)The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) applies to any compulsory purchase under this paragraph as if—

(a)the code operator were a local authority within the meaning of that Act; and

(b)this paragraph had been in force immediately before the commencement of that Act.

(5)The provisions of the Town and Country Planning (Scotland) Act 1997 (c. 8) specified in sub-paragraph (6) have effect in relation to land acquired compulsorily by a code operator under this paragraph as they have effect in relation to land acquired compulsorily by statutory undertakers.

(6)Those provisions are—

(a)section 197 (provisions as to churches and burial grounds);

(b)section 198 (use and development of land for open spaces); and

(c)sections 224 to 227 (extinguishment of rights of way, and rights as to apparatus, of statutory undertakers).

(7)Where a code operator has acquired land under this paragraph, he must not dispose of that land, or of any interest or right in or over it, except with OFCOM’s consent.

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