New Towns Act 1981

13 Acquisition of statutory undertakers’ operational land.E+W

(1)In the case of operational land of statutory undertakers—

(a)an order—

(i)under section 10(1) above authorising the compulsory acquisition of that land by a development corporation, or

(ii)under section 11(1) above authorising its compulsory acquisition by a local highway authority,

instead of being made and confirmed as provided in section 10(1) or section 11(1), as the case may be, may be made by the Secretary of State and the appropriate Minister in accordance with Part I of Schedule 5 to this Act, on the application of that development corporation or local highway authority,

(b)an order under section 11(2) authorising the compulsory acquisition of that land by the Secretary of State, instead of being made as provided in section 11(2), may be made by the Secretary of State and the appropriate Minister in accordance with Part II of Schedule 5,

and in relation to a compulsory purchase order made as provided in paragraph (a) or paragraph (b) above Parts IV and V of Schedule 4 to this Act shall apply accordingly, subject in the case of Part V to the modifications set out in Part III of Schedule 5.

(2)If—

(a)any objection to an application for a compulsory purchase order to be made in accordance with subsection (1)(a) above, or to a proposal to make such an order in accordance with subsection (1)(b) above, is duly made by any statutory undertakers, and

(b)any of the land to which the application or the proposal relates is operational land of those undertakers,

then, unless that objection is withdrawn, any order made on the application or proposal shall be subject to special parliamentary procedure.

(3)Where a compulsory purchase order under section 10 or section 11, not being an order made as provided in subsection (1)(a) or subsection (1)(b), is submitted, or is proposed to be made, in accordance with Schedule 4, and with respect to any land (being the whole or part of the land to which the order relates) statutory undertakers make to the appropriate Minister, in the prescribed manner and within the time within which objections to the order may be made—

(a)a representation that the first-mentioned land is operational land, and

(b)a request for that land to be excluded from the order,

and it is determined that that land is operational land, then, subject to the following provisions of this section—

(i)if that land constitutes the whole of the land to which the order relates, the order shall not be confirmed or not be made, as the case may be; and

(ii)if that land forms part only of the land to which the order relates, the order shall be modified so as to exclude that land.

(4)Where it is proposed to make an order under section 1 above, any statutory undertakers may, with respect to any land within the area to be designated by the order as the site of the proposed new town, make to the appropriate Minister, in the prescribed form and within the time allowed for making objections to the order, a representation that that land is operational land.

(5)Where a representation is made under subsection (4) above with respect to any land, the Secretary of State and the appropriate Minister may make an order, which shall be subject to special parliamentary procedure, declaring that it is expedient that that land should be subject to compulsory acquisition.

(6)Where, in the case of a compulsory purchase order under section 10, any land to which the order relates is within the area of a new town and is land in relation to which, apart from this subsection, subsection (3) above would apply, then subsection (3) shall not apply in relation to that land—

(a)if no representation was made under subsection (4) with respect thereto; or

(b)if an order under subsection (5) above has come into force with respect thereto.