Local Government (No. 2) Act, 1960

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PART III.

Miscellaneous.

Extension of compulsory acquisition under Housing of the Working Classes Acts, 1890 to 1958.

10.—(1) Where—

(a) a local authority intend to acquire compulsorily any land, whether situate within or outside their functional area, for purposes for which they are capable of being authorised by law to acquire land compulsorily,

(b) those purposes are purposes other than the purposes of the Housing of the Working Classes Acts, 1890 to 1958, or are purposes some only of which are purposes of those Acts, and

(c) the local authority consider that it would be convenient to effect the acquisition under those Acts,

the local authority may decide so to effect the acquisition.

(2) Where—

(a) a local authority consider that any land, whether situate within or outside their functional area, would, if acquired by them, be suitable for the provision of halls, buildings and offices for the local authority, and

(b) the local authority consider that it would be convenient to effect the acquisition under the Housing of the Working Classes Acts, 1890 to 1958,

the local authority may decide so to effect the acquisition.

(3) (a) Where a local authority make a decision under subsection (1) or (2) of this section, they may be authorised to purchase the land compulsorily by means of a compulsory purchase order as provided for by section 37 of the Housing (Miscellaneous Provisions) Act, 1931 , and Parts I and II of the Second Schedule thereto, as amended by sections 24 and 25 of the Housing (Amendment) Act, 1958 .

(b) For the purposes of the foregoing paragraph “the Minister”, wherever that expression occurs in section 37 of the Housing (Miscellaneous Provisions) Act, 1931 , and Part I of the Second Schedule thereto and in sections 24 and 25 of the Housing (Amendment) Act, 1958 , shall be construed as referring to the appropriate Minister.

(4) (a) The provisions of section 17 (as amended by subsection (2) of section 23 of the Housing (Financial and Miscellaneous Provisions) Act, 1932 ) and subsection (1) of section 41 of the Housing (Miscellaneous Provisions) Act, 1931 , shall apply in relation to an order made by virtue of this section and “the Minister”, wherever that expression occurs in the said section 17 as so applied, shall be construed as referring to the appropriate Minister.

(b) The provisions of sections 30 , 36 , 45 and 49 of the Housing (Miscellaneous Provisions) Act, 1931 , and the provisions of section 50 of that Act as modified by section 18 of the Housing (Amendment) Act, 1954 , are hereby extended so as to have effect for the purposes of this section, and “the Minister”, wherever that expression occurs in subsections (2) and (3) of the said section 45 as so extended, shall be construed as referring to the appropriate Minister.

(c) The provisions of subsection (2) of section 18 of the Housing (Miscellaneous Provisions) Act, 1931 , as amended by section 20 of the Housing (Amendment) Act, 1958 , shall apply in relation to land acquired by means of an order made by virtue of this section.

(5) The provisions of section 32 of the Housing (Amendment) Act, 1948 , shall apply with respect to the costs payable by a local authority in respect of the acquisition of land by means of an order made by virtue of this section.

(6) (a) Where—

(i) an order is made by virtue of this section, and

(ii) there is a public right of way over the land to which the order relates or any part thereof,

the order may authorise the local authority, by order made by them after they have acquired such land or part, to extinguish the right of way.

(b) Where—

(i) an order made by virtue of this section authorises the extinguishment of a public right of way, and

(ii) apart from this paragraph, it would not be obligatory on the Minister to cause a public local inquiry to be held pursuant to Part I of the Second Schedule to the Housing (Miscellaneous Provisions) Act, 1931 ,

it shall be obligatory on the Minister to cause the inquiry to be held save where he thinks fit not to confirm the order.

(7) A local authority may, in a case in which they have made a decision under subsection (1) of this section, be authorised to purchase land compulsorily by means of a single order made by virtue of this section irrespective of the number of the purposes for which the land is required.

(8) Where a local authority intend to make an order by virtue of this section and the land is situate outside their functional area, it shall not be necessary for them to obtain the consent provided for by section 29 of the Housing (Amendment) Act, 1952 .