Powers in relation to land

Powers to obtain rights over land
39
1
The Secretary of State may make an order under this section if satisfied that it is appropriate to do so—
a
to secure the safe and efficient use for the carrying out of spaceflight activities of any land which is vested in a qualifying person or which a qualifying person proposes to acquire,
b
to secure the provision of any services required in relation to any such land, or
c
to secure that spacecraft and carrier aircraft may be navigated safely.
2
An order under this section may create any rights over, in or in relation to land in favour of a qualifying person.
3
In this section “qualifying person” means—
a
the Secretary of State;
b
the holder of a range control licence;
c
the holder of a spaceport licence.
4
The rights created under subsection (2) may include—
a
easements (in the case of land in England and Wales or Northern Ireland) or servitudes (in the case of land in Scotland);
b
rights to carry out and maintain works on any land;
c
rights to install and maintain structures and apparatus on, under or over any land.
5
An order under this section may—
a
include provision authorising persons to enter any land for the purpose of carrying out, maintaining, installing or removing any works, structures or apparatus;
b
make consequential, incidental and supplemental provisions.
6
A person must not, in exercise of a power conferred by an order under this section, enter any land that is occupied unless a notice has been served on the occupier of the land not less than seven days before the proposed day of entry.
7
The notice under subsection (6) must—
a
state the proposed date of entry;
b
specify the purposes for which entry will be made.
8
Subsection (6) does not restrict any right of any person to enter land—
a
in a case of emergency, or
b
for the purpose of performing any functions that are required to be performed in connection with the maintenance or use of any works, structures or apparatus.
9
The ownership of anything is not affected by reason only that it is placed on or under, or affixed, to any land in pursuance of an order under this section.
10
For the purposes of this section, a reference to carrying out works on land includes a reference to excavating the land or carrying out levelling operations on the land.
A reference to maintaining works is to be read accordingly.
11
Part 1 of Schedule 6 makes further provision in relation to orders under this section.
12
An order under this section is subject to special parliamentary procedure if—
a
the order provides for the creation of any right over, in or in relation to land held by a statutory undertaker for the purposes of the carrying on of the undertaker's undertaking, and
b
the Secretary of State certifies, in response to a representation made by the statutory undertaker before the relevant day, that he or she is satisfied that the right could not be enjoyed without serious detriment to the carrying on of the undertaker's undertaking.
“The relevant day” means the day specified in the notice served on the statutory undertaker under paragraph 1(1)(b) of Schedule 6 or (as the case may be) paragraph 2(1)(b) of that Schedule.
S. 39(1)(2)(4)-(9)(11) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 71 (with reg. 3)
S. 39(3)(10) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 72 (with reg. 3)
S. 39(12) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 73 (with reg. 3)