SCHEDULES

C1SCHEDULE 4Compulsory purchase and entry for exploratory purposes

Annotations:
Modifications etc. (not altering text)

Compulsory purchase of land: Scotland

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1

Subject to sub-paragraph (2), the Secretary of State may authorise a code operator to purchase compulsorily any land in Scotland 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.

2

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

3

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

4

The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) applies to any compulsory purchase under this paragraph as if—

a

the code operator were a local authority within the meaning of that Act; and

b

this paragraph had been in force immediately before the commencement of that Act.

5

The provisions of the Town and Country Planning (Scotland) Act 1997 (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.

6

Those provisions are—

a

section 197 (provisions as to churches and burial grounds);

b

section 198 (use and development of land for open spaces); and

c

sections 224 to 227 (extinguishment of rights of way, and rights as to apparatus, of statutory undertakers).

7

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