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Neighbourhood Planning Act 2017

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This is the original version (as it was originally enacted).

37Overriding easements: land held on behalf of GLA or TfL

This section has no associated Explanatory Notes

(1)The Housing and Planning Act 2016 is amended in accordance with subsections (2) to (4).

(2)In section 203 (power to override easements and other rights)—

(a)in the opening words of subsection (2)(b), for “13 July 2016” substitute “the relevant day”,

(b)in subsection (2)(b)(i), after “specified authority” insert “or a specified company acting on behalf of a specified authority”,

(c)in the opening words of subsection (5)(b), for “13 July 2016” substitute “the relevant day”, and

(d)in subsection (5)(b)(i), after “specified authority” insert “or a specified company acting on behalf of a specified authority”.

(3)In section 204 (compensation for overridden easements), for subsection (4) substitute—

(4)The authority against which a liability is enforceable by virtue of subsection (3)(a) is—

(a)where the land to which the compensation relates was vested in or acquired by a company through which the Greater London Authority exercises or has exercised functions in relation to housing or regeneration, the Greater London Authority,

(b)where the land was vested in or acquired by a company through which Transport for London exercises or has exercised any of its functions, Transport for London, or

(c)in all other cases, the specified or qualifying authority in which the land was vested, or by which the land was acquired or appropriated.

(4)In section 205 (interpretation of sections 203 and 204)—

(a)in the definition of “other qualifying land”, in the opening words of paragraph (g), after “regeneration,” insert “or vested in or acquired by a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration,”,

(b)in the definition of “qualifying authority”—

(i)for the words from “authority in” to “or which” substitute “person in whom the land was vested, or who”, and

(ii)at the end insert “(but, for the purposes of section 203(3)(c) and (6)(c), where that person is a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration, the qualifying authority is the Greater London Authority)”,

(c)after the definition of “qualifying authority” insert—

  • “relevant day” means—

    (a)

    in relation to a specified company which is a company or body through which Transport for London exercises any of its functions, the day on which section 37 of the Neighbourhood Planning Act 2017 comes into force, and

    (b)

    in all other cases, 13 July 2016., and

(d)after the definition of “specified authority” insert—

  • “specified company” means—

    (a)

    a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration, or

    (b)

    a company or body through which Transport for London exercises any of its functions;.

(5)In the Housing and Planning Act 2016 (Commencement No. 2, Transitional Provisions and Savings) Regulations 2016 (S.I. 2016/733), the following regulations are revoked—

(a)regulation 10 (savings in relation to company through which Greater London Authority exercises functions), and

(b)regulation 12(3) (substitution of actual date for reference to commencement date).

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