[F1Part IIIE+W+S Administration and Finance

Acquisition and disposal of landE+W+S

39 Power of Minister to acquire and dispose of land. E+W+S

(1)Subject to the provisions of this Act, the Minister [F2as regards [F3England or Wales] F4... ] may acquire (by purchase, lease or exchange) land which in his F5... opinion is suitable for afforestation or for purposes connected with forestry, together with any other land which must necessarily be acquired therewith, and may place any land acquired by him F6... under this section at the disposal of the [F7appropriate forestry authority].

[F8(2)Subject to subsection (2A) below, the Minister F9... may dispose for any purpose of land acquired by him F10... under this section.

(2A)Subsection (2) above shall not apply in relation to land acquired under this section which is in the Forest of Dean; but the Minister may sell any such land if in his opinion it is not needed, or ought not to be used, for the purpose of afforestation or any purpose connected with forestry, and may exchange any such land for other land more suitable for either of the said purposes and may pay or receive money for equality of exchange.]

(3)The Minister F11... shall have power, in the case of land acquired by him F12... under this section,—

(a)to manage and use the land for such purposes as he thinks F13... fit (this power to include that of erecting buildings and other works on the land) where it is not for the time being placed at the disposal of the [F7appropriate forestry authority] under subsection (1) above; and

(b)to let the land, or grant any interest or right in or over it.

F14(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Schedule 4 to this Act shall have effect as respects the procedure applicable where the Minister acquires F16... land under this section, except in a case of compulsory purchase in accordance with the following section.

40 Compulsory purchase of land. E+W+S

(1)Subject to the provisions of this section, the power of the Minister F17... to acquire land by purchase under section 39 above includes a power of compulsory purchase.

(2)The following descriptions of land shall not be subject to compulsory purchase under this Act:—

(a)land which is the site of an ancient monument or other object of archaeological interest;

(b)land which forms part of a park, garden or pleasure ground or which forms part of the home farm attached to, and usually occupied with, a mansion house or is otherwise required for the amenity or convenience of a dwelling-house;

(c)land which is the property of a local authority, that is to say,—

(i)in England or Wales, the council of a county, F18... , county district or rural parish, [F19the Greater London Council] the Common Council of the City of London or the council of a London borough; F20 ...

F20(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)land which has been acquired for the purpose of their undertaking by statutory undertakers, that is to say persons authorised by an enactment, or by an order or scheme made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, F21... , F22... , [F23water] or other public undertaking.

[F24(e)land held or used by a universal service provider (within the meaning of [F25Part 3 of the Postal Services Act 2011]) for any purpose in connection with the provision of a universal postal service (within the meaning of [F26that Part]).]

(3)Land shall not be subject to compulsory purchase under this Act if a forestry dedication covenant F27... is in force with respect to it and it is being used and managed in accordance with the provisions and conditions of a plan of operations approved by the [F28appropriate forestry authority]; and—

(a)any question arising under this subsection whether there has been a breach of any of the provisions and conditions of a plan of operations shall be referred for determination as follows, that is to say—

(i)in a case relating to [F29England or Wales], by an arbitrator appointerd by the President of the Royal Institution of Chartered Surveyors; F30 ...

F30(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)such a breach shall not be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it within a reasonable time after notice given by the [F28appropriate forestry authority] requiring it to be remedied.

[F31(4)The power of compulsory purchase under this Act shall not be excercisable in relation to land held inalienably by the National Trust or by the National Trust for Scotland.]

(5)The Minister’s F32... power of compulsory purchase under this Act shall be exercisable by means of a compulsory purchase order, and—

(a)the order shall be made in accordance with Part I of Schedule 5 to this Act;

(b)Part II of that Schedule shall apply with respect to the validity and date of operation of the order; and

(c)Part III of that Schedule shall apply with respect to the procedure for acquiring land by compulsory purchase.

(6)If the said power of compulsory purchase is exercised in relation to land in respect of which an advance by way of grant has been made by the [F28appropriate forestry authority]—

(a)under section 4 of this Act; or

(b)under section 3(3) of the M1Forestry Act 1919 at any time after the 26th March 1945,

not being in either case an advance made more than thirty years before the date of the service of the notice to treat in the exercise of that power, the amount of the compensation for the compulsory purchase shall be reduced by the amount of the advance with compound interest thereon (calculated from the date of the advance to the date on which the compensation is paid) at the rate of £3 per cent. per annum with yearly rests: