Government of Wales Act 1998
Powers of land acquisition.
- Jurisdiction
- United Kingdom of Great Britain and Northern Ireland
- Provision
- 21A
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source1 The powers to acquire land mentioned in sections 1(7)(h) and 16(3)(b) above are powers— a to acquire land by agreement; and b to acquire land compulsorily if authorised to do so by the Secretary of State. 2 Where the Agency acquire or have acquired land under subsection (1) above, they have power to acquire by agreement or, if authorised to do so by the Secretary of State, to acquire compulsorily— a any land which adjoins the land and is required for the purpose of executing works for facilitating its development or use; and b where the land forms part of a common, an open space or a fuel or field garden allotment, any land required for the purpose of being given in exchange for it. 3 The Agency may under subsection (1) above acquire rights over land by the creation of new rights (as well as by acquiring rights already in existence). 4 Before the Agency acquire land under subsection (1) above for the purpose of their function under section 1(3)(da) above, they shall— a consider whether the land would or would not in their opinion be made available for development if they did not act; b consider the fact that planning permission has or has not been granted in respect of the land or is likely or unlikely to be granted; c (in a case where no planning permission has been granted in respect of the land) consult every relevant local authority; and d consider the needs of those engaged in building, agriculture and forestry and of the community in general. 5 For the purposes of subsection (4)(c) above, each of the following is a relevant local authority— a the council of any county, county borough or district in whose area the land, or any part of the land, is situated; b any joint planning board in whose district the land, or any part of the land, is situated; and c any National Park authority which is the local planning authority for a National Park in which the land, or any part of the land, is situated. 6 Where the Agency have acquired land under subsection (1) above for the purpose of any of their functions, they may appropriate it to the purpose of any of their other functions. 7 Where the Agency have— a acquired land under subsection (1) above for the purpose of their function under section 1(3)(da) above; or b under subsection (6) above have appropriated land to that purpose, they shall, until they either dispose of the land or appropriate it under subsection (6) above to the purpose of any of their other functions, manage it and turn it to account. 8 Schedule 4 to this Act shall have effect.
Source record
Source and verification
Government of Wales Act 1998 · legislation.gov.uk · Retrieved 17 August 2026.
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