Section 17A — Housing Act 1985: Compulsory acquisition of land by strategic authorities

Compulsory acquisition of land by strategic authorities 17A 1 This section applies to the exercise of the compulsory acquisition function of combined authorities, CCAs and two-tier county councils that are strategic authorities.

2 In the case of a mayoral combined authority or mayoral CCA, the compulsory acquisition function is a function of the combined authority or CCA that is exercisable only by the mayor on behalf of the combined authority or CCA.

3 In the case of a mayoral combined authority, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—

a the constituent councils;

b any National Park authority;

c the Broads Authority.

4 In the case of a mayoral CCA, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—

a the constituent councils;

b any district council with the area of the CCA that is not a constituent council;

c any National Park authority;

d the Broads Authority.

5 In the case of a non-mayoral combined authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—

a the constituent councils;

b any National Park authority;

c the Broads Authority; and consent of a constituent council must be given at a meeting of the combined authority.

6 In the case of a non-mayoral CCA, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—

a the constituent councils;

b any district council within the area of the CCA that is not a constituent council;

c any National Park authority;

d the Broads Authority; and consent of a constituent council must be given at a meeting of the CCA.

7 In the case of a two-tier county council that is a strategic authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—

a any district council within the area of the county council;

b any National Park authority;

c the Broads Authority.

8 In this section “ compulsory acquisition function ” means the function of acquiring land compulsorily under an authorisation under section 17(3).