SCHEDULES
C1SCHEDULE 4Compulsory purchase and entry for exploratory purposes
Compulsory purchase of land: Scotland
I1I24
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.
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)