Part 2

Compulsory purchase etc
CHAPTER 1

Temporary possession of land

Power to take temporary possession of land
18
1
Subsection (2) applies where a person (an “acquiring authority”)—
a
has a power conferred by an Act to acquire land compulsorily (with or without authorisation from another person), or
b
is or has been, at any time, otherwise authorised to acquire land compulsorily.
2
The acquiring authority may, for purposes connected with the purposes for which it could acquire land compulsorily, take temporary possession of land—
a
by agreement, or
b
compulsorily, if authorised to do so in accordance with section 19.
3
Subject to any express provision in another Act, the power in subsection (2) is the only power under which a person may take temporary possession of land compulsorily.
4
For the purposes of this Chapter references to acquiring land include references to acquiring a right over land by creation.
Pt. 2 Ch. 1 excluded (26.9.2018) by The Network Rail (Felixstowe Branch Line Improvements Level Crossings Closure) Order 2018 (S.I. 2018/937), arts. 1, 28
Pt. 2 Ch. 1 excluded (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), arts. 1, 26(12) (with arts. 6, 42)
Pt. 2 Ch. 1 excluded (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 27(13) (with arts. 7, 27(8))
Pt. 2 Ch. 1 excluded (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 26(12) (with arts. 7, 27(8))
Pt. 2 Ch. 1 excluded (W.) (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 51 (with arts. 15, 50, Sch. 11)
Pt. 2 Ch. 1 excluded (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 4(1) (with art. 51)