Coast Protection Act 1949

22 Power to use for incidental purposes land acquired for coast protection. E+W+S

(1) The provisions of the M1 [F1 Local Government Act 1972], as to the disposal and appropriation of land by a local authority, and those provisions as applied by order under section two of this Act, shall have effect in relation to land acquired by a coast protection authority, whether by agreement or compulsorily, being land falling within paragraph (b) of subsection (3) of section four of this Act, as the said provisions have effect in relation to land of a local authority which is not required for the purpose for which it was acquired or is being used.

(2) It is hereby declared that any power of the council of a . . . F2 district in England [F3 , the council of a county or county borough in Wales], or [F4 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in Scotland, under any other enactment to provide concert halls, entertainment rooms, reading rooms, pavilions, restaurants or other places for the provision of meals or refreshments, bandstands, public conveniences or other buildings on land belonging or let to them, to lay out public parks, pleasure grounds or recreation grounds on such land, or to adapt or use land for any other public purpose, shall be exercisable in relation to any land acquired by them under this Part of this Act for the purpose of carrying out thereon any coast protection work, notwithstanding that the land continues to be required for that purpose or for works constructed in the course of carrying out the work; but the said power shall not be exercised so as to interfere with the use of the land for the said purpose, or with the maintenance or repair of such works, so long as it is required for the said purpose or so long as such works are required to be maintained.

(3) In the application of this section to Scotland, subsection (1) shall have effect as if for the reference to the M2 [F1 Local Government Act 1972], there were substituted a reference to the M3 [F5 Local Government (Scotland) Act 1973], and as if the words “and those provisions as applied by order under section two of this Act” were omitted.

Textual Amendments

F1 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F2 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F3 Words in s. 22(2) substituted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III, para. 5(4); S.I. 1996/396, art. 3, Sch.1

F4 Words in s. 22(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13, para. 32(4); S.I. 1996/323, art.4(1)(c)

F5 Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(c)(ii)

Marginal Citations

M1 1972 c. 70.

M2 1972 c. 70.

M3 1973 c. 65.