Prospective

PART 10 E+W ACQUISITION AND APPROPRIATION OF LAND FOR PLANNING PURPOSES ETC.

Power of local authority to appropriate land forming part of common or allotment E+W

264 Appropriation of land forming part of common or allotment for another purpose E+W

(1) This section applies where a local authority holds land that is or forms part of a common or allotment (including where the particular land is specifically regulated by an enactment).

(2) The authority may, if authorised by an order made by the authority and confirmed by the Welsh Ministers, appropriate the land for any purpose for which the authority may be authorised to acquire land under any enactment.

(3) Section 19 of the Acquisition of Land Act 1981 (c. 67) (special provision about compulsory purchase orders relating to land forming part of a common, open space or allotment) applies to an order under this section as it applies to a compulsory purchase order under that Act.

(4) Where land appropriated under this section was acquired under an enactment incorporating the Lands Clauses Acts, any works carried out on the land after the appropriation are to be treated, for the purposes of section 68 of the Lands Clauses Consolidation Act 1845 (c. 18) and section 10 of the Compulsory Purchase Act 1965 (c. 56), as having been authorised by the enactment under which the land was acquired.

(5) On an appropriation of land by a local authority under this section—

(a) in a case falling within subsection (6), the authority must make any adjustment in its accounts that the Welsh Ministers direct;

(b) in a case not falling within that subsection, the authority must make any adjustment in its accounts required by section 24(1) of the 1959 Act.

(6) An appropriation of land falls within this subsection if—

(a) the local authority appropriating the land is not an authority to whom Part 2 of the 1959 Act applies,

(b) immediately before the appropriation, the land was held for the purposes of a grant-aided function, or

(c) the land is appropriated for the purposes of a grant-aided function.

(7) In this section—

• “the 1959 Act” (“Deddf 1959”) means the Town and Country Planning Act 1959 (c. 53);

• “authority to whom Part 2 of the 1959 Act applies” (“awdurdod y mae Rhan 2 o Ddeddf 1959 yn gymwys iddo”) has the meaning given by section 22(4) of the 1959 Act;

• “grant-aided function” (“swyddogaeth a gynorthwyir gan grant”) has the meaning given by section 57(1) of the 1959 Act;

• “the Lands Clauses Acts” (“y Deddfau Cymalau Tiroedd”) means the Lands Clauses Consolidation Act 1845, the Lands Clauses Consolidation Acts Amendment Act 1860 (c. 106), and any Acts amending those Acts.

Commencement Information

I1 S. 264 not in force at Royal Assent, see s. 409(2)