Part 1The Homes and Communities Agency
Chapter 2Land and infrastructure
Powers to deal with land etc.
9Acquisition of land
(1)
The HCA F1or a strategic authority outside London may acquire land by agreement.
(2)
The HCA F2or a strategic authority outside London may acquire land compulsorily if the Secretary of State authorises it to do so.
(3)
The power of acquiring land compulsorily under subsection (2) includes power to acquire new rights over land.
(4)
Subsection (5) applies where—
(a)
land or new rights over land are being acquired compulsorily under subsection (2), and
(b)
the land which is being acquired, or over which new rights are being acquired, forms part of a common, open space or allotment.
(5)
The power under subsection (2) to acquire land compulsorily includes the power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (4)(a).
F3(5A)
Section 9A makes provision about the exercise of the function conferred by subsection (2) on strategic authorities outside London.
(6)
Schedule 2 (which makes further provision in relation to the acquisition of land by the HCA F4or a strategic authority) has effect.
(7)
In this Part—
“allotment” means a fuel or field garden allotment,
“common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981 (c. 67),
“open space” means any land which is—
(a)
laid out as a public garden,
(b)
used for the purposes of public recreation, or
(c)
a disused burial ground.