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The Local Authorities etc. (Miscellaneous Provision) Order 1974

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Compulsory purchase orders and other instruments

22.—(1) Any order authorising the compulsory acquisition of land (hereinafter referred to as a “compulsory purchase order”) by an authority abolished by section 1(10) or 20(6) of the Act or section 33 of the Water Act 1973 (whether confirmed before the coming into operation of this order or submitted for confirmation before or after such coming into operation) may be amended by the Minister by whom it was confirmed, or by whom it falls to be confirmed, by the substitution—

  • as the authority to be authorised to acquire the land comprised therein, of one or more county councils, district councils or water authorities;

  • as the Act under which the compulsory acquisition is authorised, in the case of any enactment repealed by or under the Act or the Water Act 1973, of any other enactment,

and thereafter the order shall have effect, or be considered and if confirmed have effect, accordingly.

(2) Any compulsory purchase order made by such an authority as is first described in paragraph (1) which has not been submitted to a Minister for confirmation before 1st April 1974 may be so submitted by a county council, district council or water authority, and any action which requires to be taken prior to the submission of the order which has not already been taken shall be taken by such body.

(3) Any instrument other than a compulsory purchase order or byelaw which has been submitted to a Minister for confirmation before 1st April 1974 by such an authority as is first described in paragraph (1) may be amended by such Minister by the substitution of references to the whole or parts of one or more counties, districts, water authority areas or passenger transport areas, or of references to one or more county councils, district councils, water authorities or Passenger Transport Executives, and thereafter the instrument may be considered and if confirmed have effect accordingly.

(4) Any such instrument made by such an authority as is first described in paragraph (1) which has not been submitted to a Minister for confirmation before 1st April 1974 may be so submitted by a county council, district council, water authority or Passenger Transport Executive, and

(a)any action which requires to be taken prior to the submission of the instrument which has not already been taken shall be taken by such body; and

(b)paragraph (3) shall apply to such instrument as it applies to the instruments therein described.

(5) Paragraphs (1) and (2) shall apply to compulsory purchase orders made by combined police authorities and combined fire authorities as they apply to the compulsory purchase orders described therein, and such authorities existing on and after 1st April 1974 shall be included amongst the authorities who may be authorised to acquire the land comprised in the order or who may submit the order for confirmation or take the other action described in paragraph (2).

(6) Paragraphs (1) and (2) shall extend to compulsory purchase orders made by the Greater London Council, the council of any London borough or the Common Council of the City of London as they apply to the compulsory purchase orders described therein.

(7) In paragraphs (3) and (4) “instrumentincludes a draft scheme under section 30 of the Land Drainage Act 1961.

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