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Countryside Act 1968
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3(1)A local authority shall have power to acquire compulsorily any land which is required by them for the purposes of their functions under the principal section, and which is part of the common land (or any commonable or other rights in or over that land), but the Minister shall not confirm a compulsory purchase order made in pursuance of this section except after giving his authority under paragraph 1 above as respects the land.E+W
(2)Any notice which relates to a compulsory purchase order made in pursuance of this paragraph and which is published [F1, affixed ] or served under [F2section 11 or 12 of the M1Acquisition of Land Act 1981]shall refer to the provisions of this Schedule and shall state whether land has been, or is to be, given in exchange.
(3)The notice to be published under paragraph 2 of this Schedule may be combined with a notice to be published under the said [F3section 11 of the said Act of 1981] in the same newspaper and relating to the same land.
(4)If land has been, or is to be, given in exchange—
(a)the notice to be published [F4, affixed] and served under [F5section 11 or 12 of the said Act of 1981] shall give particulars of that land and state the respective areas of the land to be taken and of the land given or to be given in exchange,
(b)the map in the compulsory purchase order shall show that land,
(c)the compulsory purchase order may provide for vesting any land to be given in exchange in the persons, and subject to the rights, trusts and incidents, mentioned in paragraph 1(4) above.
(5)A compulsory purchase order made in pursuance of this paragraph may provide for discharging the land purchased from all rights, trusts and incidents to which it was previously subject.
(6)[F6Section 19 of the Acquisition of Land Act 1981] (special provisions for acquisition of common land) shall not apply to a compulsory purchase order made in pursuance of this paragraph, and section 22 of the M2Commons Act 1899 (consent of Minister required for purchase of common land) shall not apply to the acquisition of land in pursuance of such a compulsory purchase order.
Textual Amendments
F1Word in Sch. 2 para. 3(2) inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 5(2) (with s. 111, Sch. 7 para. 5(4)); S.I. 2004/2593, art. 2(d)
F2Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 17(2)
F3Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para 17(3)
F4Word in Sch. 2 para. 3(4)(a) inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 5(3) (with s. 111, Sch. 7 para. 5(4)); S.I. 2004/2593, art. 2(d)
F5Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para 17(4)
F6Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para 17(5)
Marginal Citations
M11981 c. 67(28:1).
M21899 c. 30(25).
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