SCHEDULES
C2SCHEDULE 4Compulsory purchase and entry for exploratory purposes
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.
Sch. 4 applied (E.W.) (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), art. 1, Sch. 18 para. 5(4) (with arts. 62, 76, 87)