SCHEDULES
SCHEDULE 4

Compulsory purchase and entry for exploratory purposes

Compulsory purchase of land: England and Wales
3
1
Subject to sub-paragraph (2), the Secretary of State may authorise a code operator to purchase compulsorily any land in England and Wales which is required by the operator—
a
for, or in connection with, the establishment or running of the operator’s network; or
b
as to which it can reasonably be foreseen that it will be so required.
2
No order is to be made authorising a compulsory purchase under this paragraph by a code operator except with OFCOM’s consent.
3
This power to purchase land compulsorily includes power to acquire an easement or other right over land by the creation of a new right.
4
The Acquisition of Land Act 1981 (c. 67) is to apply to any compulsory purchase under this paragraph as if the code operator were a local authority within the meaning of that Act.
5
The provisions of the Town and Country Planning Act 1990 (c. 8) specified in sub-paragraph (6) have effect in relation to land acquired compulsorily by a code operator under this paragraph as they have effect in relation to land acquired compulsorily by statutory undertakers.
6
Those provisions are—
a
sections 238 to 240
(use and development of consecrated land and burial ground);
b
section 241 (use and development of land for open spaces); and
c
sections 271 to 274(extinguishment of rights of way, and rights as to apparatus, of statutory undertakers).
7
Where a code operator has acquired land under this paragraph, he must not dispose of that land, or of an interest or right in or over it, except with OFCOM’s consent.
Sch. 4 para. 3(2)-(7) applied (E.W.) (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), art. 1, Sch. 18 para. 5(3) (with arts. 62, 76, 87)
Sch. 4 para. 3 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)
Sch. 4 para. 3 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
Sch. 4 applied (E.W.) (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), art. 1, Sch. 18 para. 5(4) (with arts. 62, 76, 87)
Sch. 4 para. 3(2)-(7) applied (with modifications) (13.11.2025) by The Stonestreet Green Solar Order 2025 (S.I. 2025/1175), art. 1, Sch. 12 para. 5(3)(4) (with art. 40, Sch. 13)