OpenLegislation

Section 9 Acquisition of landC6C8C10C13I1C1C2C3C4C5C7C9C11C12C14C15C16C17C18C19C20C21C22C23C24

England and Wales

(1)

The HCA F1or a strategic authority outside London may acquire land by agreement.

C25(2)

The HCA F2or a strategic authority outside London may acquire land compulsorily if the Secretary of State authorises it to do so.

(3)

The power of acquiring land compulsorily under subsection (2) includes power to acquire new rights over land.

(4)

Subsection (5) applies where—

(a)

land or new rights over land are being acquired compulsorily under subsection (2), and

(b)

the land which is being acquired, or over which new rights are being acquired, forms part of a common, open space or allotment.

(5)

The power under subsection (2) to acquire land compulsorily includes the power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (4)(a).

F3(5A)

Section 9A makes provision about the exercise of the function conferred by subsection (2) on strategic authorities outside London.

(6)

Schedule 2 (which makes further provision in relation to the acquisition of land by the HCA F4or a strategic authority) has effect.

(7)

In this Part—

  • “allotment” means a fuel or field garden allotment,

  • “common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981 (c. 67),

  • “open space” means any land which is—

    1. (a)

      laid out as a public garden,

    2. (b)

      used for the purposes of public recreation, or

    3. (c)

      a disused burial ground.

Annotations

Textual amendments

F1

Words in s. 9(1) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 18 para. 4(a) (with s. 102)

F2

Words in s. 9(2) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 18 para. 4(b) (with s. 102)

F3

S. 9(5A) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 18 para. 4(c) (with s. 102)

F4

Words in s. 9(6) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 18 para. 4(d) (with s. 102)

Modifications

C1

S. 9 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 5(1)(e)(2)(3), 15(1)(a)(iii) (with art. 7)

C2

S. 9 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 18(1)(e) (with art. 18(3)(b))

C3

S. 9 functions made exercisable (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 6(1)-(4)

C4

S. 9 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 10(1)(3)

C5

S. 9 functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14 (with art. 28)

C6

Pt. 1 Chs. 1, 2 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(5), Sch. 2 Pt. 1

C7

S. 9 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(1)(e)(2)-(4)

C8

Pt. 1 Chs. 1, 2 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 13(5), Sch. 2 Pts. 1, 2

C9

S. 9 functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 10(1)(e)(2)-(5) (with art. 12)

C10

Pt. 1 Ch. 2 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 9(5), Sch. 2 Pt. 1

C11

S. 9: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 7 (with Sch. 1 para. 4(14))

C12

S. 9: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 7 (with reg. 9)

C13

Pt. 1 Chs. 1, 2 applied (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 10(5), Sch. 2 Pt. 1

C14

S. 9: functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 34 (with art. 9)

C15

Pt. 1 Chs. 1, 2 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 36(4), Sch. 4 (with art. 9)

C16

S. 9: functions made exercisable concurrently (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 5 (with reg. 7)

C17

Pt. 1 Ch. 1, 2 applied (with modifications) (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 8(3), Sch. 2 Pt. 1

C18

Pt. 1 Ch. 1, 2 applied (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 8(3), Sch. 2 Pt. 1

C19

S. 9: functions made exercisable concurrently (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 15

C20

Pt. 1 Ch. 1, 2 applied (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 9(3), Sch. 2 Pt. 1

C21

Pt. 1 Ch. 1, 2 applied (with modifications) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 17(3), Sch. 3 Pt. 1

C22

S. 9: functions made exercisable concurrently (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 5 (with reg. 7)

C23

S. 9: functions made exercisable concurrently (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 6 (with reg. 8)

C24

S. 9: functions made exercisable concurrently (27.9.2025) by The Buckinghamshire Council, Surrey County Council and Warwickshire County Council (Housing and Regeneration Functions) Regulations 2025 (S.I. 2025/1051), regs. 1(2), 3 (with regs. 4, 5)

C25

S. 9(2): functions made exercisable (7.5.2024) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(3), 27(1)-(3)

Commencement

I1

S. 9 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

Notes on Chapter 2

Modifications

C1

Pt. 1 Chs. 1, 2 applied (with modifications) (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 8(5)(6), Sch. 2

C2

Pt. 1 Chs. 1, 2 applied (with modifications) (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 21(5), Sch. 4

C3

Pt. 1 Ch. 2 applied (with modifications) (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 9(3), Sch. 3 Pt. 1

C4

Pt. 1 Chs. 1, 2 applied (with modifications) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 11(2), Sch. 3

C5

Pt. 1 Ch. 2 applied (with modifications) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14(5), Sch. 3 (with art. 28)