SCHEDULES

C2SCHEDULE 4Compulsory purchase and entry for exploratory purposes

Annotations:
Modifications etc. (not altering text)

Compulsory purchase of land: England and Wales

I2I13

1

Subject to sub-paragraph (2), the Secretary of State may authorise a code operator to purchase compulsorily any land in England and Wales which is required by the operator—

a

for, or in connection with, the establishment or running of the operator’s network; or

b

as to which it can reasonably be foreseen that it will be so required.

C12

No order is to be made authorising a compulsory purchase under this paragraph by a code operator except with OFCOM’s consent.

C13

This power to purchase land compulsorily includes power to acquire an easement or other right over land by the creation of a new right.

C14

The Acquisition of Land Act 1981 (c. 67) is to apply to any compulsory purchase under this paragraph as if the code operator were a local authority within the meaning of that Act.

C15

The provisions of the Town and Country Planning Act 1990 (c. 8) specified in sub-paragraph (6) have effect in relation to land acquired compulsorily by a code operator under this paragraph as they have effect in relation to land acquired compulsorily by statutory undertakers.

C16

Those provisions are—

a

sections 238 to 240 (use and development of consecrated land and burial ground);

b

section 241 (use and development of land for open spaces); and

c

sections 271 to 274(extinguishment of rights of way, and rights as to apparatus, of statutory undertakers).

C17

Where a code operator has acquired land under this paragraph, he must not dispose of that land, or of an interest or right in or over it, except with OFCOM’s consent.