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Paragraph 46 Appropriate enactment: development plans etc.I1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of paragraph 45(1), an enactment is to be taken as providing for the compulsory acquisition of land falling within paragraph 1, 2, 3 or 4 if it provides for the compulsory acquisition of land for the purposes of—

(a)

the functions indicated in the plan as the functions for the purposes of which the land is allocated or is proposed to be developed, or

(b)

where no particular functions are indicated in the plan, any of the public functions for the purposes of which the land is allocated or is defined as the site of proposed development.

(2)

In this paragraph—

  • “the plan” (“y cynllun”) means—

    1. (a)

      a relevant development plan within the meaning given by paragraph 1(2);

    2. (b)

      the National Development Framework for Wales within the meaning given by paragraph 2(3);

    3. (c)

      an approved plan within the meaning given by paragraph 3(2);

    4. (d)

      a resolution or direction as referred to in paragraph 4;

  • “public functions” (“swyddogaethau cyhoeddus”) has the meaning given by paragraph 1(2).

Annotations

Commencement

I1

Sch. 19 para. 46 not in force at Royal Assent, see s. 409(2)