Part III Special Kinds of Land

Orders subject to special parliamentary procedure

17 Local authority and statutory undertakers’ land.

(1)

This section 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 subsection (3) below, a compulsory purchase order shall, in so far as it authorises the compulsory purchase of land to which this section applies, be subject to special parliamentary procedure in any case where an objection to F1the compulsory purchase of the land has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.

F2(2A)

Subsection (3) of section 16 above applies in relation to subsections (1) and (2) above as it applies in relation to the preceding provisions of that section.

(3)

Subsection (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 subsection (4) below) F3a National Park authority, F4an urban development corporation F5, a Mayoral development corporation F6, F7...,. . . F8. . ., F9a Welsh planning board, any statutory undertakers or a Minister.

(4)

In subsection (3) above—

“local authority” means—

(a)

in relation to England, the council of a county or district F10the Broads Authority, the council of a London borough, the Common Council of the City of London, F11a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, F12the London Fire Commissioner, F13.... . . F14 . . . F15, a joint authority established by Part 4 of the Local Government Act 1985 F16, a combined authority established under section 103 of that Act or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,

(b)

in relation to Wales, the council of a county or F17county borough, F18or a police authority established under F19section 3 of the Police Act 1996. . .

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

“statutory undertakers” includes—

(a)

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

F21a National Health Service trust established under F22section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006, and

(c)

F23an NHS foundation trust,

(d)

F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)

the Schools Funding Council for Wales,

(f)

F25...

(g)

F26NHS England,

(h)

F27an integrated care board established under section 14Z25 of the National Health Service Act 2006,

(i)

any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.

F28“a Welsh planning board” means a board constituted under—

(a)

section 2(1B) of the M1Town and Country Planning Act 1990; F29

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

An order under paragraph (b) of the definition of “statutory undertakers” in subsection (4) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.