Part VIIE+W+S Land and Works Powers

Modifications etc. (not altering text)

chapter IE+W+S POWERS OF THE [F1APPROPRIATE AGENCY]

Textual Amendments

Provisions in relation to landE+W

154 Compulsory purchase etc.E+W

(1)The Agency [F2or the NRBW] may be authorised by [F3the relevant Minister] to purchase compulsorily any land anywhere in England and Wales which is required by the Agency [F2or the NRBW] for the purposes of, or in connection with, the carrying out of its functions.

(2)The power of [F4the relevant Minister] under subsection (1) above shall include power—

(a)to authorise the acquisition of interests in, and rights over, land by the creation of new interests and rights; and

(b)by authorising the acquisition by the Agency [F5or, as the case may be, by the NRBW,] of any rights over land which is to be or has been acquired by the Agency [F6or the NRBW], to provide for the extinguishment of those rights.

(3)Without prejudice to the generality of subsection (1) above, the land which the Agency [F7or the NRBW] may be authorised under that subsection to purchase compulsorily shall include land which is or will be required for the purpose of being given in exchange for, or for any right over, any other land which for the purposes of the M1Acquisition of Land Act 1981 is or forms part of a common, open space or a fuel or field garden allotment.

(4)Subject to section 182 below, the Acquisition of Land Act 1981 shall apply to any compulsory purchase under subsection (1) above of any land by the Agency [F8or the NRBW]; and Schedule 3 to the said Act of 1981 shall apply to the compulsory acquisition under that subsection of rights by the creation of new rights.

(5)Schedule 18 to this Act shall have effect for the purpose of modifying enactments relating to compensation and the provisions of the M2Compulsory Purchase Act 1965 in their application in relation to the compulsory acquisition under subsection (1) above of a right over land by the creation of a new right.

(6)The provisions of Part I of the M3Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, 10, 21, 27(1) and 31 and Schedule 4, shall apply in relation to any power to acquire land by agreement which is conferred, by virtue of any provision of this Act or otherwise (including section 37 of the 1995 Act (incidental general powers of the Agency) [F9or article 9 of the Natural Resources Body for Wales (Establishment) Order 2012 (general incidental function of the Body) (S.I.2012/1903)]), on the Agency [F10or the NRBW] as if—

(a)any reference in those provisions to the acquiring authority were a reference to the Agency [F11or, as the case may be, the NRBW]; and

(b)any reference to land subject to compulsory purchase were a reference to land which may be purchased by agreement under that power.

[F12(7)In this section, in relation to the NRBW, references to functions have effect as references to relevant transferred functions.

(8)In subsections (1) and (2), “the relevant Minister” means—

(a)in relation to land in England, the Secretary of State; and

(b)in relation to land in Wales, the Welsh Ministers.]

Textual Amendments

Modifications etc. (not altering text)

C2S. 154 applied (with modifications) (W.) (1.12.2011) by The Incidental Flooding and Coastal Erosion (Wales) Order 2011 (S.I. 2011/2829), arts. 1, 4(1)

C3S. 154 applied (with modifications) (W.) (1.12.2011) by The Incidental Flooding and Coastal Erosion (Wales) Order 2011 (S.I. 2011/2829), arts. 1, 3(1)

C4S. 154 applied (with modifications) (E.) (1.12.2011) by The Incidental Flooding and Coastal Erosion (England) Order 2011 (S.I. 2011/2855), arts. 1(c), 4

Marginal Citations