SCHEDULES

C1C2C3C4C5SCHEDULE 3 Acquisition of Rights over Land by the Creation of New Rights

Annotations:
Modifications etc. (not altering text)
C2

Sch. 3 applied by Water Act 1989 (c. 15, SIF 130), s. 151(4), (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

C5

Schedule 3 applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 155(4), 223(2) (with saving in s. 188 and with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

Schedule 3 applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167, 223(2), Sch. 11 para. 6(1)(b) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

Schedule 3 applied (with modifications) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 154(4), 225(2) (with saving in s. 182 and with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Schedule 3 applied (with modifications) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168, 225(2), Sch. 19, para. 6(1)(b) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Schedule 3 applied (with modifications) (10.11.1993) by 1993 c. 28, ss. 162(5), 169, Sch. 20 Pt. I; S.I. 1993/2762, art. 3.

Sch. 3 applied (18.12.1996) by 1996 c. 61, s. 5(4)

Sch. 3 extended (26.3.2001) by 2000 c. 26, s. 95, Sch. 5, Pt. II para. 4(2); S.I. 2000/2957, art. 2(3), Sch. 3

Part II Acquisition of New Rights Over Special Kinds of Land

Local authority and statutory undertakers’ land

4

1

This paragraph applies to land which—

a

is the property of a local authority, or

b

has been acquired by statutory undertakers, who are not a local authority, for the purposes of their undertaking.

2

Subject to sub-paragraph (3) below, a compulsory purchase order shall, in so far as it authorises the compulsory purchase of rights over land to which this paragraph applies, be subject to special parliamentary procedure in any case where an objection to the order has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.

3

Sub-paragraph (2) above shall not apply to the compulsory acquisition of an interest in land where the person acquiring the interest is a local authority (as defined in sub-paragraph (4) below) F1, a National Park authority, F2an urban development corporationthe Land Authority for Wales, the Peak Park Joint or Lake District Special Planning Board, any statutory undertakers or a Minister.

4

In sub-paragraph (3) above—

  • “local authority” means—

    1. a

      in relation to England, the council of a county or district, the council of a London borough, the Common Council of the City of London and the Greater London Council,

    2. b

      in relation to Wales, the council of a county or district,

and this definition applies to the Isles of Scilly as if the Council of those Isles were the council of a county;

“statutory undertakers” has the same meaning as in section 17(3) of this Act.