PART 5Planning, land and buildings

The Homes and Communities Agency and other bodies

32Easements etc affecting land

(1)

The Housing and Regeneration Act 2008 is amended in accordance with subsections (2) to (4).

(2)

In section 11 (which introduces the provision made about land of the HCA in Schedule 3) for “land of the HCA” substitute “land acquired by the HCA”.

(3)

In the title to Schedule 3 (main powers in relation to land of the HCA) for “land of the HCA” substitute “land acquired by the HCA”.

(4)

In paragraph 1 of that Schedule (powers to override easements etc in undertaking works on, or using, land of the HCA) in each of sub-paragraphs (1) and (3) for “land of the HCA” substitute “land which has been vested in or acquired by the HCA”.

(5)

Section 333ZB of the Greater London Authority Act 1999 (powers in relation to land held for housing or regeneration purposes) is amended in accordance with subsections (6) to (9).

(6)

In the heading after “land” insert “acquired or”.

(7)

For subsection (1) (application of Schedule 3 to the Housing and Regeneration Act 2008 to land held by the GLA) substitute—

“(1)

Schedule 3 to the Housing and Regeneration Act 2008 (powers in relation to land acquired by the Homes and Communities Agency) applies in relation to the Authority and land which has been vested in or acquired by the Authority for the purposes of housing or regeneration as it applies in relation to the Homes and Communities Agency and land which has been vested in or acquired by the Agency.”

(8)

In subsection (2) for the “and” at the end of paragraph (a) substitute—

“(aa)

references to land which has been vested in or acquired by the Homes and Communities Agency are to be read as references to land which has been vested in or acquired by the Authority for the purposes of housing or regeneration, and”.

(9)

After subsection (4) insert—

“(5)

In this section references to the Authority include a company or body through which the Authority exercises functions in relation to housing or regeneration.

(6)

Subsection (5) does not affect the application of Parts 3 and 4 of Schedule 4 to the Housing and Regeneration Act 2008—

(a)

in relation to the acquisition of land by the Authority under this Part, or

(b)

in relation to land in respect of which functions of the Authority relating to housing or regeneration are being or have been exercised.”

(10)

In section 208 of the Localism Act 2011 (powers in relation to land acquired by a Mayoral development corporation) for subsection (1) substitute—

“(1)

Schedule 3 to the Housing and Regeneration Act 2008 (powers, in relation to land acquired by the Homes and Communities Agency, to override easements etc, to extinguish public rights of way, and in relation to burial grounds and consecrated land) applies in relation to an MDC and land which has been vested in or acquired by an MDC as it applies in relation to the Homes and Communities Agency and land which has been vested in or acquired by the Agency.”

(11)

The amendments made by this section do not apply in relation to land the freehold interest in which was disposed of by the Homes and Communities Agency, the Greater London Authority, a company or body through which the Authority exercises functions in relation to housing or regeneration or a Mayoral development corporation before the day on which this section comes into force.

(12)

The reference in subsection (11) to land disposed of by the Greater London Authority does not include land disposed of to a company or body through which the Authority exercises functions in relation to housing or regeneration.