The River Mersey (Mersey Gateway Bridge) Order 2011

Powers of acquisition

Power to acquire land

21.—(1) The undertaker may acquire compulsorily so much of the land shown on the land plans within the limits of land to be acquired or used and described in the book of reference as may be required for the purposes of the authorised works and may use any land so acquired for those purposes or for any other purposes that are ancillary to its undertaking.

(2) This article is subject to article 28 (temporary use of land for construction of works).

Application of Part 1 of the 1965 Act

22.—(1) Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order—

(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 1981(1) applies; and

(b) as if this Order were a compulsory purchase order under that Act.

(2) Part 1 of the 1965 Act, as so applied, shall have effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.

Application of the Compulsory Purchase (Vesting Declarations) Act 1981

23.—(1) The Compulsory Purchase (Vesting Declarations) Act 1981(2) shall apply as if this Order were a compulsory purchase order.

(2) The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), shall have effect with the following modifications.

(3) In section 3 (preliminary notices) for subsection (1) there shall be substituted—

“(1) Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) in a notice which is—

(a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and

(b) published in a local newspaper circulating in the area in which the land is   situated.”.

(4) In that section, in subsection (2), for “(l)(b)” there shall be substituted “(1)” and after “given” there shall be inserted “and published”.

(5) In that section, for subsections (5) and (6) there shall be substituted—

“(5) For the purposes of this section, a person has a relevant interest in land if—

(a) that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or

(b) that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.”.

(6) In section 5 (earliest date for execution of declaration)—

(a) in subsection (1), after “publication” there shall be inserted “in a local newspaper circulating in the area in which the land is situated”; and

(b) subsection (2) shall be omitted.

(7) In section 7 (constructive notice to treat) in subsection (l)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted.

(8) References to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 21 (power to acquire land).

Power to acquire new rights

24.—(1) The undertaker may acquire compulsorily such easements or other rights over any land referred to in paragraph (l) of article 21 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.

(2) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights)) where the undertaker acquires a right over land under paragraph (1) the undertaker shall not be required to acquire a greater interest in that land.

(3) Schedule 6 shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.

Rights under or over streets

25.—(1) The undertaker may enter upon and appropriate so much of the subsoil of, or air-space over, any street within the Order limits as may be required for the purposes of the authorised works and may use the subsoil or air-space for those purposes or any other purpose ancillary to its undertaking.

(2) Subject to paragraph (4), the power under paragraph (1) may be exercised in relation to a street without the undertaker being required to acquire any part of the street or any easement or right in the street.

(3) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss by the exercise of that power, shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(4) Paragraph (2) shall not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(5) Compensation shall not be payable under paragraph (3) to any person who is an undertaker to whom section 85 of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Open Space at Widnes

26.—(1) The Widnes special category land shall not vest in the undertaker until the undertaker has acquired the Widnes exchange land.

(2) Upon the vesting of the Widnes special category land in the undertaker it shall be discharged from all rights, trusts and incidents to which it was previously subject.

(3) The undertaker shall lay out the Widnes exchange land as replacement open space before the authorised works are first brought into use.

(4) Upon completion of the laying out of the Widnes exchange land as open space to the satisfaction of the local planning authority, the local planning authority shall issue a certificate to that effect.

(5) Upon the date of the certificate issued pursuant to paragraph (4)—

(a) parcel E1 of the Widnes exchange land shall vest in the person who is the owner of parcels 176 and 177 at the date of the vesting pursuant to paragraph (1) subject to the like rights, trusts and incidents as previously attached to the Widnes special category land; and

(b) parcel E2 of the Widnes exchange land shall vest in the person who is the owner of parcels 178 and 181 at the date of the vesting pursuant to paragraph (1) subject to the like rights, trusts and incidents as previously attached to the Widnes special category land.

(6) In this article—

“the Widnes Existing Open Space Plan” and “the Widnes Exchange Land Plan” mean the plans certified by the Secretary of State as those plans for the purposes of this Order;

“the Widnes special category land” means the land described as open space and coloured green on the plan entitled “Widnes Existing Open Space Plan”;

“the Widnes exchange land” means the land described as replacement open space and marked E1 and E2 on the plan entitled “Widnes Exchange Land Plan”;

“parcel E1” means the area of the Widnes exchange land marked E1 on the Widnes Exchange Land Plan; and

“parcel E2” means the area of the Widnes exchange land marked E2 on the Widnes Exchange Land Plan.

Open Space on Wigg Island

27.—(1) The Wigg Island special category land shall not vest in the undertaker until the undertaker has acquired the Wigg Island exchange land.

(2) Upon the vesting of the Wigg Island special category land in the undertaker it shall be discharged from all rights, trusts and incidents to which it was previously subject.

(3) The undertaker shall lay out the Wigg Island exchange land as replacement open space before the authorised works are first brought into use.

(4) Upon completion of the laying out of the Wigg Island exchange land as open space to the satisfaction of the local planning authority, the local planning authority shall issue a certificate to that effect.

(5) Upon the date of the certificate issued pursuant to paragraph (4) the Wigg Island exchange land shall vest in the person who is the owner of the Wigg Island special category land at the date of the vesting pursuant to paragraph (1) and shall be subject to the like rights, trusts and incidents as previously attached to the Wigg Island special category land, with the exception of the Section 19(1)(b) land which shall remain discharged from all rights, trusts and incidents to which it was previously subject.

(6) In this article—

“the Wigg Island Existing Open Space Plan” and “the Wigg Island Exchange Land Plan” mean the plans certified by the Secretary of State as those plans for the purposes of this Order;

“the Wigg Island special category land” means the land described as open space and coloured green on the plan entitled “Wigg Island Existing Open Space Plan”;

“the Wigg Island exchange land” means the land described as replacement open space and marked E1, and E2 on the plan entitled “Wigg Island Exchange Land Plan”; and

“the Section 19(1)(b) land” means part of the land delineated on the Wigg Island Existing Open Space Plan which the Secretary of State has certified as not exceeding 209 square metres and that the giving in exchange of other land for the Section 19(1)(b) special category land is unnecessary for the purposes of section 19(1) of the Acquisition of Land Act 1981.

(1)

1981 c. 67.

(2)

1981 c. 66.