Severn Bridges Act 1992

Section 2.

SCHEDULE 2Acquisition and Occupation of Land

Part IAcquisition of Land Outside Limits of Deviation

Part IIAcquisition: Supplementary

Acquisition of rights

1(1)The Secretary of State may under section 2 of this Act acquire easements or other rights in or over land by creating them as well as acquiring easements or other rights already in existence.

(2)In relation to the compulsory acquisition of a right by virtue of sub-paragraph (1) above the provisions of the [1980 c. 66.] Highways Act 1980 specified in sub-paragraph (3) below shall apply—

(a)as if references to such a compulsory acquisition were included in references to the compulsory acquisition of a right by virtue of section 250 of that Act, and

(b)as if such an acquisition were made by a compulsory purchase order made in the exercise of highway land acquisition powers.

(3)The provisions of the Highways Act 1980 referred to in sub-paragraph (2) above are—

(a)section 250(4) and (5) and Part II of Schedule 19 (adaptations of [1965 c. 56.] Compulsory Purchase Act 1965 and the enactments relating to compensation for compulsory purchase),

(b)section 251 (rights acquired to be binding on successive owners of the land), and

(c)section 252 (power of landowners affected by rights acquisition to compel acquisition of whole interest).

Subsoil and under-surface

2The Secretary of State may under section 2 of this Act acquire so much of the subsoil and under-surface of land as is required as mentioned in that section without being required to acquire an interest in any other part of it.

Mines and minerals

3(1)Parts II and III of Schedule 2 to the [1981 c. 67.] Acquisition of Land Act 1981 (exception of mines and minerals from compulsory purchase and regulation of the working of mines and minerals underlying an authorised undertaking) shall apply in relation to land within the limits of land to be acquired as if it were comprised in a compulsory purchase order providing for the incorporation with the order of those Parts of that Schedule.

(2)For the purposes of Part III of that Schedule as it applies by virtue of sub-paragraph (1) above, paragraph 1(3) of that Schedule (meaning of underlying) shall have effect as if the prescribed distance in relation to any mines or minerals lying under land near any of the works authorised by this Act were the greater of—

(a)such lateral distance from those works on every side as is equal at every point along those works to one-half of the depth of the mines or minerals below the natural surface of the ground at that point, and

(b)40 metres.

Private rights of way

4(1)All private rights of way over land which may be acquired compulsorily under section 2 of this Act shall be extinguished on the acquisition of the land, whether compulsorily or by agreement, or on the entry on the land in pursuance of section 11(1) of the Compulsory Purchase Act 1965, as applied by section 2 of this Act, whichever is the sooner.

(2)A person who suffers loss by the extinguishment of a right under this paragraph shall be entitled to compensation to be determined, in case of dispute, under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

Compensation

5Section 4 of the [1981 c. 67.] Acquisition of Land Act 1981 (assessment of compensation where unnecessary work undertaken to obtain compensation) shall have effect in relation to a compulsory acquisition under section 2 of this Act as if it were a compulsory purchase to which that Act applies.

6Where land is or rights in or over land are compulsorily acquired under section 2 of this Act, section 261 of the [1980 c. 66.] Highways Act 1980 (benefit to be taken into account in assessing compensation) shall have effect as if the acquisition were one in relation to which that section has effect.

Part IIITemporary Occupation of Land

7(1)Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of—

(a)the scheduled works specified in column (1) of the following table, or

(b)any works which are necessary or expedient for the purposes of, in connection with or in consequence of those works,

enter upon and take temporary possession of the land in the areas specified in columns (2) and (3) of that table for such purposes as are specified in column (4) of that table and may, for such purposes, remove buildings on that land and provide means of access to that land.

(2)Not less than 28 days before entering upon and taking temporary possession of land under this paragraph the Secretary of State shall give notice to the owners and occupiers of the land.

(3)The Secretary of State shall not, without the agreement of the owners and occupiers of the land, remain in possession of land under this paragraph after a period of one year from the completion of the work specified in relation to that land in column (1) of the table in sub-paragraph (1) above.

(4)All private rights of way over land of which the Secretary of State takes temporary possession under this paragraph shall be suspended and unenforceable for so long as the Secretary of State remains in lawful possession of the land.

(5)Before giving up possession of land of which temporary possession has been taken under this paragraph, the Secretary of State shall remove all temporary works and restore the land to the reasonable satisfaction of the owners and occupiers of the land; but the Secretary of State shall not be required to replace a building removed by him under this paragraph.

(6)The Secretary of State shall pay compensation to—

(a)the owners and occupiers of land of which temporary possession is taken under this paragraph for loss or damage resulting from the exercise of the powers conferred by this paragraph in relation to that land, and

(b)a person who suffers loss or damage by reason of the suspension of a right under this paragraph.

(7)Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the [1965 c. 56.] Compulsory Purchase Act 1965, as applied by section 2 of this Act, or under any other enactment, in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under sub-paragraph (6) above.

(8)A dispute as to a person’s entitlement to compensation under sub-paragraph (6) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

Part IVCorrection of Deposited Plans

8(1)If the deposited plans or the book of reference to those plans are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the Secretary of State, after giving not less than ten days' notice to the owner and occupier of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction of the plans or book of reference.

(2)If on such an application it appears to the justices that the misstatement or wrong description arose from mistake or inadvertence, the justices shall certify accordingly and shall in their certificate state in what respect a matter is misstated or wrongly described.

(3)The certificate shall be deposited in the office of the Clerk of the Parliaments and a copy of it in the Private Bill Office of the House of Commons and at the principal offices of Avon County Council, Gwent County Council, Bristol City Council, Northavon District Council and Monmouth Borough Council; and the deposited plans or the book of reference shall be deemed to be corrected according to the certificate and it shall be lawful for the Secretary of State, in accordance with the certificate, to proceed under this Act as if the deposited plans or the book of reference had always been in the corrected form.

(4)A person with whom a copy of the certificate is deposited under this paragraph shall keep it with the documents to which it relates.

(5)In this paragraph “book of reference” means the book deposited in November 1990 in connection with the Severn Bridges Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons.