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

157 Restriction on disposals of compulsorily acquired land.E+W

(1)The Agency [F2and the NRBW] shall not dispose of any of its compulsorily acquired land, or of any interest or right in or over any of that land, except with the consent of, or in accordance with a general authorisation given by, one of the Ministers.

(2)A consent or authorisation for the purposes of this section—

(a)shall be set out in a notice served on the Agency [F3or, as the case may be, the NRBW] by the Minister who is giving the consent or authorisation; and

(b)in the case of an authorisation, may be combined with an authorisation for the purposes of section 156 of the M1Water Industry Act 1991 (restrictions on disposals of land by a water or sewerage undertaker).

(3)A consent or authorisation for the purposes of this section may be given on such conditions as the Minister who is giving it considers appropriate.

(4)Without prejudice to the generality of subsection (3) above, the conditions of a consent or authorisation for the purposes of this section may include a requirement that, before there is any disposal, an opportunity of acquiring the land in question, or an interest or right in or over that land, is to be made available to such person as may be specified in or determined under provision contained in the notice setting out the consent or authorisation in question.

(5)A requirement under subsection (4) above may require the opportunity to be made available in such manner and on such terms as may be specified in or determined under provision contained in the notice setting out the consent or authorisation in question.

[F4(6)In this section “compulsorily acquired land”, in relation to the Agency, means any land of the Agency which—

(a)was acquired by the Agency compulsorily under the provisions of section 154 above or of an order under section 168 below;

(b)was acquired by the Agency at a time when it was authorised under those provisions to acquire the land compulsorily;

(c)being land which has been transferred to the Agency from the Authority by section 3 of the 1995 Act, was acquired by theAuthority—

(i)compulsorily, under the provisions of section 154 above or of an order under section 168 below or under the provisions of section 151 of the M2Water Act 1989 or of an order under section 155 of that Act; or

(ii)at a time when it was authorised under those provisions to acquire the land compulsorily;

(d)being land—

(i)which has been so transferred, and

(ii)which was transferred to theAuthority in accordance with a scheme under Schedule 2 to the M3Water Act 1989,

was acquired by a predecessor of the Authority compulsorily under so much of any enactment in force at any time before 1st September 1989 as conferred powers of compulsory acquisition; or

(e)being land transferred as mentioned in sub-paragraphs (i) and (ii) of paragraph (d) above, was acquired by such a predecessor at a time when it was authorised to acquire the land by virtue of any such powers as are mentioned in that paragraph.]

[F5(7)In this section “compulsorily acquired land”, in relation to the NRBW, means any land of the NRBW which—

(a)was acquired by the NRBW compulsorily under the provisions of section 154 above or of an order under section 168 below;

(b)was acquired by the NRBW at a time when it was authorised under those provisions to acquire the land compulsorily; or

(c)being land which has been transferred to the NRBW from the Agency in accordance with a scheme made under section 23 of the Public Bodies Act 2011, was compulsorily acquired land of the Agency within the meaning of subsection (6).]

Textual Amendments

F4S. 157(6) substituted (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 159 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C4S. 157 applied (with modifications) (W.) (1.12.2011) by The Incidental Flooding and Coastal Erosion (Wales) Order 2011 (S.I. 2011/2829), arts. 1, 3(2)

C5S. 157 applied (with modifications) (W.) (1.12.2011) by The Incidental Flooding and Coastal Erosion (Wales) Order 2011 (S.I. 2011/2829), arts. 1, 4(2)

Marginal Citations