|
| |
|
| |
| |
Main powers in relation to land of the HCA |
| |
| |
Powers to override easements etc. |
| |
Powers to override easements etc. in undertaking works or using land |
| 5 |
1 (1) | The HCA or any other person may undertake any construction or |
| |
maintenance works on land of the HCA even if undertaking the works |
| |
| |
(a) | interference with a relevant right or interest, or |
| |
(b) | a breach of a restriction as to the user of land arising by virtue of a |
| 10 |
| |
(2) | But the construction or maintenance works must still be in accordance with |
| |
| |
(3) | The HCA or any other person may use any land of the HCA even if the use |
| |
| 15 |
(a) | interference with a relevant right or interest, or |
| |
(b) | a breach of a restriction as to the user of land arising by virtue of a |
| |
| |
(4) | But the use of the land must be in accordance with planning permission. |
| |
(5) | Sub-paragraphs (1) to (4) do not authorise interference with— |
| 20 |
(a) | any right of way on, under or over land, or |
| |
(b) | any right of laying down, erecting, continuing or maintaining |
| |
apparatus on, under or over land, |
| |
| if the right is a protected right. |
| |
| 25 |
“construction or maintenance works” means the erection, construction, |
| |
carrying out or maintenance of any building or work, |
| |
| |
(a) | a right vested in, or belonging to, statutory undertakers for |
| |
the purpose of carrying on their undertaking, or |
| 30 |
(b) | a right conferred by, or in accordance with, the electronic |
| |
communications code on the operator of an electronic |
| |
communications code network, |
| |
“relevant right or interest” means any easement, liberty, privilege, right |
| |
or advantage annexed to land and adversely affecting other land |
| 35 |
(including any natural right to support), |
| |
“statutory undertakers” means persons who are, or are deemed to be, |
| |
statutory undertakers for the purposes of any provision of Part 11 of |
| |
the Town and Country Planning Act 1990 (c. 8); and “statutory |
| |
undertaking” is to be read in accordance with section 262 of that Act |
| 40 |
(meaning of “statutory undertakers”). |
| |
|
| |
|
| |
|
Compensation for overridden easements etc. |
| |
2 (1) | Compensation is payable under section 7 or 10 of the Compulsory Purchase |
| |
Act 1965 (c. 56) in respect of any interference or breach made in pursuance |
| |
| |
(2) | The compensation is to be assessed in the same manner, and subject to the |
| 5 |
same rules, as in the case of other compensation under those sections in |
| |
respect of injurious affection where— |
| |
(a) | the compensation is to be estimated in connection with a purchase by |
| |
| |
(b) | the injury arises from the execution of works on, or use of, land |
| 10 |
| |
(3) | Sub-paragraph (4) applies if a person other than the HCA— |
| |
(a) | is liable to pay compensation by virtue of sub-paragraphs (1) and (2), |
| |
| |
(b) | fails to discharge that liability. |
| 15 |
(4) | The liability is enforceable against the HCA. |
| |
(5) | But sub-paragraph (4) does not affect any agreement between the HCA and |
| |
any other person for indemnifying the HCA against any liability under that |
| |
| |
| 20 |
Powers to extinguish public rights of way |
| |
Powers of Secretary of State to extinguish public rights of way by order |
| |
3 (1) | The Secretary of State may by order extinguish any public right of way over |
| |
| |
(2) | Sub-paragraph (1) does not apply to land which is being held by the HCA |
| 25 |
for its own administrative purposes. |
| |
Notification of proposal to make order |
| |
4 (1) | This paragraph applies if the Secretary of State is proposing to make an |
| |
| |
(2) | The Secretary of State must— |
| 30 |
(a) | publish a notice stating— |
| |
(i) | the effect of the order, |
| |
(ii) | the time (not less than 28 days starting with the date of |
| |
publication of the notice) within which objections to the |
| |
proposal may be made, and |
| 35 |
(iii) | the manner in which objections to the proposal may be made, |
| |
| |
(b) | serve a copy of the notice on— |
| |
(i) | the local planning authority in whose area the land is |
| |
| 40 |
(ii) | the relevant highway authority. |
| |
|
| |
|
| |
|
(3) | In sub-paragraph (2) “the relevant highway authority” means any authority |
| |
which is a highway authority in relation to the right of way which is |
| |
proposed to be extinguished by the order. |
| |
(4) | Publication under sub-paragraph (2) must be in such manner as the |
| |
Secretary of State considers appropriate. |
| 5 |
Duty to consider objections |
| |
5 (1) | The Secretary of State must proceed under paragraph 6 if— |
| |
(a) | an objection to a proposal to make an order is properly made and not |
| |
| |
(b) | the matter is not otherwise dealt with. |
| 10 |
(2) | For the purposes of sub-paragraph (1) an objection is properly made if (and |
| |
| |
| |
| |
| 15 |
| stated in the notice under paragraph 4, and |
| |
(b) | a written statement of the grounds of the objection is comprised in, |
| |
or submitted with, the objection. |
| |
(3) | For the purposes of sub-paragraph (1) the matter is otherwise dealt with if |
| |
(and only if) the Secretary of State— |
| 20 |
(a) | decides, irrespective of the objection, not to make the order, or |
| |
(b) | decides to make a modification to the proposal which is agreed to by |
| |
the objector as meeting the objection. |
| |
6 (1) | The Secretary of State must, before making a final decision, consider the |
| |
grounds of the objection as set out in the statement comprised in, or |
| 25 |
submitted with, the objection. |
| |
(2) | The Secretary of State may require the objector to submit within a particular |
| |
period a further written statement as to any of the matters to which the |
| |
| |
Duty to give opportunity to appear |
| 30 |
7 (1) | The Secretary of State must, before making a final decision, give the objector |
| |
an opportunity to appear before, and be heard by, a person appointed for the |
| |
purpose by the Secretary of State. |
| |
(2) | Sub-paragraph (3) applies if the objector takes advantage of this |
| |
| 35 |
(3) | The Secretary of State must give an opportunity of appearing and being |
| |
heard on the same occasion as the objector to— |
| |
| |
(b) | any other persons whom the Secretary of State considers ought to be |
| |
| 40 |
(4) | Sub-paragraphs (1) to (3) do not apply so far as the Secretary of State has the |
| |
power to proceed under paragraph 8 or 9. |
| |
|
| |
|
| |
|
Power to treat objection as irrelevant |
| |
8 | The Secretary of State may treat the objection as irrelevant for the purpose of |
| |
| |
(a) | if the Secretary of State has considered the grounds of the objection |
| |
as set out in the original statement and in any further statement, and |
| 5 |
(b) | so far as the Secretary of State is satisfied that the objection relates to |
| |
a matter which can be dealt with in the assessment of compensation. |
| |
Power to curtail decision-making process |
| |
9 | The Secretary of State may make a final decision without further |
| |
investigation as to the matters to which the objection relates if— |
| 10 |
(a) | the Secretary of State— |
| |
(i) | has considered the grounds of the objection as set out in the |
| |
original statement and in any further statement, and |
| |
(ii) | is satisfied that, for the purpose of making a final decision, |
| |
sufficient information is available as to the matters to which |
| 15 |
the objection relates, or |
| |
(b) | a further statement has been required under paragraph 6(2) but is not |
| |
submitted within the required period. |
| |
Power to hold public local inquiry |
| |
10 (1) | The Secretary of State must cause a public local inquiry to be held in relation |
| 20 |
to an objection to a proposal to make an order under paragraph 3 if the |
| |
Secretary of State considers that the matters to which the objection relates are |
| |
such as to require investigation by such an inquiry before the Secretary of |
| |
State makes a final decision. |
| |
(2) | The duty in sub-paragraph (1) is effective despite any other provisions of |
| 25 |
| |
(3) | The other provisions of those paragraphs are to be ignored if no effect has |
| |
been given to them when the Secretary of State decides to cause an inquiry |
| |
| |
Orders relating to electronic communications apparatus: removal or abandonment of apparatus |
| 30 |
11 | Paragraphs 12 and 13 apply if— |
| |
(a) | an order under paragraph 3 extinguishing a public right of way is |
| |
| |
(b) | at the time of the publication of the notice required by paragraph 4 |
| |
any electronic communications apparatus was kept installed for the |
| 35 |
purposes of an electronic communications code network under, in, |
| |
on, over, along or across the land over which the right of way |
| |
| |
12 (1) | The power of the operator of the network to remove the apparatus is |
| |
exercisable, despite the order, at any time not later than the end of the period |
| 40 |
of 3 months beginning with the day on which the right of way is |
| |
| |
(2) | The power of the operator of the network to remove the whole or any part |
| |
of the apparatus is exercisable after the end of that period if, before the end |
| |
|
| |
|
| |
|
of the period, the operator has served notice on the HCA of the operator’s |
| |
intention to remove the apparatus or (as the case may be) part. |
| |
13 (1) | The operator of the network may abandon the electronic communications |
| |
apparatus, or any part of it, by serving notice to that effect on the HCA not |
| |
later than the end of the period of 3 months beginning with the day on which |
| 5 |
the right of way is extinguished. |
| |
(2) | In the absence of such a notice, the operator of the network is to be treated at |
| |
the end of the period of 3 months as having abandoned any part of the |
| |
apparatus which, at that time, the operator has neither— |
| |
| 10 |
(b) | served notice of intention to remove. |
| |
14 (1) | The operator of the network may recover from the HCA the expense of |
| |
providing any substitute electronic communications apparatus in such other |
| |
place as the operator may require. |
| |
(2) | In sub-paragraph (1) “substitute electronic communications apparatus” |
| 15 |
means electronic communications apparatus in substitution for— |
| |
(a) | the electronic communications apparatus removed or abandoned, |
| |
| |
(b) | any other electronic communications apparatus connected with the |
| |
removed or abandoned apparatus which is made useless in |
| 20 |
consequence of the removal or abandonment. |
| |
15 | Electronic communications apparatus, or any part of it, abandoned by the |
| |
operator of an electronic communications code network under |
| |
| |
(a) | vests in the HCA, and |
| 25 |
(b) | is deemed, with its abandonment, to cease to be kept installed for the |
| |
purposes of an electronic communications code network. |
| |
Orders relating to electronic communications apparatus: notice requirements |
| |
16 (1) | The Secretary of State must serve notice on the operator of an electronic |
| |
communications code network of the making of an order under paragraph |
| 30 |
3 if the order extinguishes a public right of way in circumstances in which |
| |
paragraphs 12 and 13 apply in relation to the operator. |
| |
(2) | The notice must be served as soon as practicable after the making of the |
| |
| |
| 35 |
17 | The power of the Secretary of State to make orders under paragraph 3 |
| |
| |
(a) | vary or revoke such orders, and |
| |
(b) | make supplementary, incidental, consequential, transitional, |
| |
transitory or saving provision. |
| 40 |
18 | In this Part of this Schedule, in relation to an order, any reference to making |
| |
a final decision is a reference to deciding whether to make the order or what |
| |
modification (if any) ought to be made. |
| |
|
| |
|
| |
|
| |
Powers in relation to burial grounds and consecrated land etc. |
| |
| |
19 (1) | This paragraph applies in relation to any land of the HCA which consists in, |
| |
or forms part of, a burial ground. |
| 5 |
(2) | The HCA may use the land in any way which accords with planning |
| |
| |
(a) | anything in any enactment relating to burial grounds, or |
| |
(b) | any obligation or restriction imposed under ecclesiastical law or |
| |
otherwise in respect of burial grounds. |
| 10 |
(3) | But sub-paragraph (2) does not apply in relation to any land which has been |
| |
used for the burial of the dead until prescribed requirements about the |
| |
removal and reinterment of human remains and the disposal of monuments |
| |
have been complied with in relation to the land. |
| |
Consecrated land other than burial grounds |
| 15 |
20 (1) | This paragraph applies in relation to any land of the HCA which— |
| |
(a) | is consecrated land (whether or not including a building), and |
| |
(b) | does not consist in, or form part of, a burial ground. |
| |
(2) | The HCA or any other person may use the land in any way which accords |
| |
with planning permission despite any obligation or restriction imposed |
| 20 |
under ecclesiastical law or otherwise in respect of consecrated land. |
| |
(3) | But any such use of the land is subject to— |
| |
(a) | prescribed requirements about the disposal of monuments, and |
| |
(b) | prescribed provisions for prohibiting or restricting the use of the |
| |
| 25 |
(i) | any church or other building used, or formerly used, for |
| |
religious worship remains on the land, or |
| |
(ii) | any part of any such church or other building remains on the |
| |
| |
(4) | Prohibitions or restrictions prescribed under sub-paragraph (3)(b) may be |
| 30 |
absolute or until a prescribed consent is obtained. |
| |
Other land connected to religious worship |
| |
21 (1) | This paragraph applies in relation to any land of the HCA which— |
| |
(a) | is neither consecrated land nor land which consists in, or forms part |
| |
| 35 |
(b) | at the time of acquisition included— |
| |
(i) | a church or other building used, or formerly used, for |
| |
| |
(ii) | the site of such a church or other building. |
| |
(2) | Any use of the land is subject to prescribed requirements about the disposal |
| 40 |
| |
|
| |
|
| |
|
| |
22 (1) | Regulations under this Part of this Schedule must secure that any use of land |
| |
which is subject to compliance with the regulations is (so far as possible) |
| |
subject to an appropriate level of control. |
| |
(2) | For the purposes of sub-paragraph (1) an appropriate level of control is the |
| 5 |
| |
(a) | as imposed by law in relation to a similar use authorised by an |
| |
enactment not contained in this Part of this Act, |
| |
(b) | as imposed by a Measure, or |
| |
(c) | as it would be proper to impose on a disposal of the land concerned |
| 10 |
otherwise than in pursuance of an enactment or Measure. |
| |
(3) | Regulations under this Part of this Schedule must impose such requirements |
| |
in relation to the disposal of the land as the Secretary of State considers |
| |
appropriate to secure that the requirements and other provisions in the |
| |
regulations about the use of the land are complied with. |
| 15 |
(4) | Regulations made for the purposes of paragraphs 19 to 21 may, in particular, |
| |
include incidental or consequential provision about the closing of registers. |
| |
Regulations about human remains and monuments |
| |
23 (1) | Regulations under this Part of this Schedule about the removal and |
| |
reinterment of human remains and the disposal of monuments must require |
| 20 |
the persons in whom the land is vested to publish notice of their intention to |
| |
carry out the removal and reinterment of any human remains or the disposal |
| |
| |
(2) | Regulations under this Part of this Schedule about the removal and |
| |
reinterment of human remains and the disposal of monuments must make |
| 25 |
| |
(a) | enabling the personal representatives or relatives of any deceased |
| |
| |
(i) | to undertake the removal and reinterment of the remains of |
| |
| 30 |
(ii) | the disposal of any monument commemorating the |
| |
| |
(b) | requiring the persons in whom the land is vested to meet the |
| |
expenses of such removal, reinterment and disposal provided that |
| |
they are not more than such amount as may be prescribed. |
| 35 |
(3) | Regulations under this Part of this Schedule about the removal and |
| |
reinterment of human remains and the disposal of monuments must require |
| |
compliance with such reasonable conditions (if any) as may be imposed, in |
| |
the case of consecrated land, by the bishop of the diocese, in relation to— |
| |
(a) | the manner of removal of any human remains, |
| 40 |
(b) | the place and manner of reinterment of any human remains, and |
| |
(c) | the disposal of any monuments. |
| |
(4) | Regulations under this Part of this Schedule about the removal and |
| |
reinterment of human remains must require compliance with any directions |
| |
given in any case by the Secretary of State in relation to the removal and |
| 45 |
reinterment of any human remains. |
| |
|
| |
|