Office of Public Sector Information
PART I continued
(1)Subject to such conditions as the Treasury may determine, the Minister may make grants towards any expenditure—
(a)incurred under this Act by a coast protection authority; or
(b)incurred by the council of a county [F1or county borough] in the carrying out of coast protection work under the enactments relating to highways; or
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(3)In the application of this section to Scotland—
[F4(za)subsection (1) shall have effect as if the words “Subject to such conditions as the Treasury may determine” were omitted;]
(a)in paragraph (b) of subsection (1) of this section for the words “incurred by the council of a county” there shall be substituted the words “incurred by a local [F5roads authority” and for the word “highways” there shall be substituted the word “roads” ]; and
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
F1Words in s. 21(1)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III, para. 5(3); S.I. 1996/396, art. 3, Sch. 1
F2S. 21(1)(c) repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F3S. 21(2) repealed by Southern Water Authority Act 1980 (c.xxxviii), s. 18(1), Sch. 1 Pt. I
F4S. 21(3)(za) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 24(3)
F5Words substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 38(4)
F6S. 21(3)(b) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
C1S. 21(1) applied (E.W.) (2.2.1991) by S.I. 1991/205, art. 3(1)
(1)The provisions of the [F1M1Local Government Act 1972], as to the disposal and appropriation of land by a local authority, and those provisions as applied by order under section two of this Act, shall have effect in relation to land acquired by a coast protection authority, whether by agreement or compulsorily, being land falling within paragraph (b) of subsection (3) of section four of this Act, as the said provisions have effect in relation to land of a local authority which is not required for the purpose for which it was acquired or is being used.
(2)It is hereby declared that any power of the council of a . . . F2 district in England [F3, the council of a county or county borough in Wales], or [F4a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in Scotland, under any other enactment to provide concert halls, entertainment rooms, reading rooms, pavilions, restaurants or other places for the provision of meals or refreshments, bandstands, public conveniences or other buildings on land belonging or let to them, to lay out public parks, pleasure grounds or recreation grounds on such land, or to adapt or use land for any other public purpose, shall be exercisable in relation to any land acquired by them under this Part of this Act for the purpose of carrying out thereon any coast protection work, notwithstanding that the land continues to be required for that purpose or for works constructed in the course of carrying out the work; but the said power shall not be exercised so as to interfere with the use of the land for the said purpose, or with the maintenance or repair of such works, so long as it is required for the said purpose or so long as such works are required to be maintained.
(3)In the application of this section to Scotland, subsection (1) shall have effect as if for the reference to the [F1M2Local Government Act 1972], there were substituted a reference to the [F5M3Local Government (Scotland) Act 1973], and as if the words “and those provisions as applied by order under section two of this Act” were omitted.
F1Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
F2Words repealed by Local Government Act 1972 (c. 70), Sch. 30
F3Words in s. 22(2) substituted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III, para. 5(4); S.I. 1996/396, art. 3, Sch.1
F4Words in s. 22(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13, para. 32(4); S.I. 1996/323, art.4(1)(c)
F5Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(c)(ii)
M11972 c. 70.
M21972 c. 70.
M31973 c. 65.
(1)A coast protection authority may sell any materials which have been severed by them from any land when carrying out work in the exercise of powers conferred by this Part of this Act and which are not before the expiration of fourteen days from the date of their severance claimed by the person to whom they belong.
(2)Where a coast protection authority sell any materials under this section, they shall pay the proceeds to the person to whom the materials belonged.
(1)In arbitrations as to any question which under this Part of this Act is expressly required to be determined by arbitration, the reference shall be to the Lands Tribunal.
(2)Rules 2 to 4 of the Rules set out in [F1section five of the M1Land Compensation Act 1961] (which provides rules for valuation on a compulsory acquisition) shall apply for the purposes of any such arbitration.
(3)For the purposes of any such arbitration, [F1section four of the said Act of 1961] (which relates to costs) shall have effect with the substitution for the references to the acquiring authority of references to the coast protection authority.
(4)This section shall apply to Scotland with the substitution for the words “the Lands Tribunal” in subsection (1) thereof of the words “the Lands Tribunal for Scotland”:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
F2S. 24(4) proviso spent
M11961 c. 33.
(1)Subject to the provisions of this section, any person authorised by a coast protection authority shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours—
(a)to enter upon any land on which a power to carry out work is conferred on the authority by the provisions of this Act other than section four thereof;
(b)to enter upon any land to which entry is reasonably necessary in order to obtain access to any land on which a power to carry out work is conferred on the authority by any of the provisions of this Act;
(c)for the purpose of determining whether, and if so in what manner, any functions of the authority under this Act are to be exercised, or whether any provision of any enactment (including this Act) relating to such functions or any notice, order, direction or byelaw served, given or made under any such enactment is being or has been complied with, to enter upon any land and inspect or survey the land;
(d)without prejudice to the generality of the last foregoing paragraph, to enter upon any land in order to estimate, for the purposes of this Part of this Act, the amount of any compensation payable thereunder or the value of any interest in the land.
(2)Section nineteen of this Act shall apply to depreciation and disturbance caused by the exercise of the powers conferred by paragraphs (a) and (b) of the last foregoing subsection as it applies to depreciation and disturbance arising as mentioned in the said section nineteen.
(3)Admission to any land used for residential purposes shall not be demanded as of right under this section unless twenty-four hours’ notice of the intended entry has been given to the occupier.
(4)If it is shown to the satisfaction of a justice of the peace, or in Scotland a justice of the peace or the sheriff, on sworn information in writing—
(a)that admission to any land which any person is entitled to enter under this section has been refused to that person, or that refusal is apprehended, or that the land is unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency; and
(b)that there is reasonable ground for entry on the land for the purpose for which entry is required,
the justice or sheriff may by warrant under his hand authorise that person to enter on the land, if need be by force:
Provided that such a warrant shall not be issued, unless the justice or sheriff is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the land is unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency.
(5)Any person entitled to enter upon any land by virtue of any right of entry under this section may take with him such other persons as may be necessary, and on leaving any unoccupied land which he has entered by virtue of such right shall leave it as effectually secured as he found it.
(6)Any power of entry conferred by paragraph (a) or (b) of subsection (1) of this section shall include power to authorise the entry or passage of such persons, vehicles, plant and materials as may be necessary, and to authorise the carrying out of work for facilitating their passage.
(7)Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.
(8)Any person who wilfully obstructs a person exercising a right conferred by or under this section shall be guilty of an offence under this Act.
(9)If—
(a)any person who in compliance with the provisions of this Act or of a warrant issued thereunder is admitted into a factory or workplace discloses, otherwise than in the performance of his duty, to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret; or
(b)any member or officer of a coast protection authority to whom by reason of his official position any information obtained as aforesaid is disclosed, discloses, otherwise than in the performance of his duty, that information to any person;
he shall be liable on summary conviction to a fine not exceeding [F1level 3 on the standard scale] or to imprisonment for a term not exceeding three months.
F1Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), ss. 289F, 289G
(1)A coast protection authority may, for the purpose of enabling them to perform any of their functions under this Part of this Act, require the occupier of any land, and any person who either directly or indirectly receives rent in respect of any land, to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as freeholder, mortgagee, owner, creditor in a heritable security, lessee or otherwise.
(2)Any person who having been required by a coast protection authority in pursuance of this section to give to them any information fails to give that information or knowingly makes any misstatement in respect thereof shall be liable on summary conviction to a fine not exceeding [F1level 1 on the standard scale].
F1Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), ss. 289F, 289G
(1)Where, for providing convenient access to land on which any coast protection work has been or is proposed to be carried out, it appears to a coast protection authority necessary to obtain a right of passage over other land, the authority may, by agreement or compulsorily, secure the creation of such a right in their favour either in perpetuity or for such term (whether fixed or determinable by notice) as they consider requisite.
(2)In this section the expression “right of passage” means a right of passage for persons, vehicles, plant and materials, and includes a right to carry out work for facilitating their passage.
(3)The provisions of the Lands Clauses Acts as to the acquisition of land by agreement or compulsorily, the provisions of the [F1M1Land Compensation Act 1961], the [F2Acquisition of Land Act 1981], and the M2Lands Tribunal Act 1949, and the provisions of this Act relating to the acquisition of land, shall with such adaptations, exceptions and modifications as may be prescribed by regulations made by the Minister apply to securing the creation of such rights as aforesaid as they apply to the acquisition of land.
(4)Without prejudice to the generality of the last foregoing subsection, regulations thereunder may provide—
(a)in the case of rights created for a term, for the payment of compensation either in one sum or periodically, or partly in one way and partly in the other;
(b)for authorising or requiring the coast protection authority to carry out such measures for reinstating the land as may be specified by or under the regulations, and for adjusting compensation accordingly.
(5)A coast protection authority may acquire by agreement, whether by way of purchase, feu, lease or exchange, any land required by them for providing convenient access to land on which any coast protection work has been or is proposed to be carried out, or may purchase any land required by them as aforesaid compulsorily in accordance with the provisions of subsection (1) of section fourteen of this Act.
(6)In the application of this section to Scotland, for any reference to the [F2Acquisition of Land Act 1981], there shall be substituted a reference to the M3Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.
F1Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
F2Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(1), Sch. 4 para. 1 Table
M11961 c. 33.
M21949 c. 42.
M31947 c. 42.
(1)Where a person, not being a coast protection authority, desires to carry out any coast protection work in accordance with a works scheme or with a notice served under section twelve of this Act, and the work cannot be carried out by reason of any convenant or other restriction affecting his power to carry out the work, or of the objection, absence or disability of any person whose land it is reasonably necessary to enter for the purpose of carrying it out or across whose land it is reasonably necessary, in order to obtain access to the land on which it is to be carried out, to exercise the like rights as can be created in favour of a coast protection authority under the last foregoing section he may apply to the Minister for an order under this section authorising him to carry out the work or to exercise such rights, as the case may be.
(2)Where a coast protection authority desire to carry out any coast protection work on land belonging to the authority, and the work is work which they are empowered to carry out by section four of this Act but are prevented from carrying out by reason of any covenant or other restriction affecting their enjoyment of the land, the authority may apply to the Minister for an order under this section authorising them to carry out the work.
(3)An application under this section shall contain particulars of the proposed work and of any land required to be entered or across which the rights in question are required to be exercised and any such further particulars as the Minister may in any particular case require; and the applicant shall serve notice of the application on any person known to him to be entitled to enforce any such covenant or restriction as aforesaid, and, in the case of an application under subsection (1) of this section, on the occupier of any land required to be entered or across which the rights in question are required to be exercised and on any other person by reason of whose objection the application is made.
(4)Any person on whom notice of an application is served under this section, may, within four weeks after the service thereof, serve notice of objection on the applicant and on the Minister; and where such notice of objection is served and not withdrawn, the Minister shall give to the objector and the applicant an opportunity of being heard by a person appointed by him for the purpose.
(5)At any time after the Minister is satisfied that the time for serving notice of objection to an application under this section has expired and that every objector has had an opportunity of being heard as aforesaid, he may, after considering the report of any person appointed by him to hear objections, make an order authorising the applicant to carry out the work or enter on the land or exercise the said rights, as the case may be, subject to such conditions, if any, as may be specified in the order; and any such order may require the applicant to pay to any person affected such compensation as may be provided for in the order.
(1)If complaint is made to the Minister that a coast protection authority have failed to take sufficient measures for the protection of any land in their area, or he is of the opinion that an investigation should be made into the need for any such measures or the sufficiency of any measures so taken, he may cause a local inquiry to be held into the matter.
(2)If after a local inquiry has been held under this section the Minister is satisfied that there has been such a failure on the part of a coast protection authority, he may make an order declaring them to be in default and directing them to exercise such of their powers under this Act as may be specified in the order in such manner and within such time as may be so specified.
(3)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1S. 29(3)—(6) repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F2S. 29(7) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
(1)An order constituting or dissolving a coast protection board . . . F1, shall make such provision (if any) as the Minister may require as to the transfer, compensation and pension rights of officers and servants of the authorities concerned.
(2)References in the last foregoing subsection to an order constituting a coast protection board . . . F1 shall be construed . . . F1 as including references to an order . . . F1 varying the constitution of such a board . . . F1
(3)In this section the expression “the authorities concerned” means—
(a)in relation to an order constituting a coast protection board . . . F1, the constituent or appointing authorities;
(b)in relation to an order . . . F1 varying the constitution of such a board . . . F1, the board . . . F1, the constituent or appointing authorities, and any authority which on the variation taking effect will be one of the constituent or appointing authorities;
(c)in relation to an order . . . F1 dissolving such a board . . . F1, the board . . . F1 and the constituent or appointing authorities;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
[F3(4)This section shall not apply to Scotland.]
F1Words repealed by Local Government Act 1972 (c. 70), Sch. 30
F2S. 30(3)(d) repealed by Local Government Act 1972 (c. 70), Sch. 30
F3S. 30(4) added by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(d)
(1)If it appears to the Minister that any provision of a local Act in force at the commencement of this Act is inconsistent with any of the provisions of this Part of this Act, or is no longer required, or requires to be amended, having regard to the powers and duties conferred and imposed by this Part, he may by order repeal or amend that provision as he may consider appropriate; and any order under this section may contain such incidental, consequential or supplemental provisions as appear to the Minister expedient for the purposes of the order.
(2)The provisions of the First Schedule to this Act shall apply to orders made under this section:
Provided that the provisions of Part II of that Schedule shall not apply so as to make an order under this section subject to special parliamentary procedure by reason of any objection thereto if—
(a)the order, or so much of the order as is the subject of the objection, relates only to the constitution or functions of any sea defence commissioners, or provides for the dissolution of any such commissioners; and
(b)the order is made on the application of the commissioners, or on the application of a coast protection authority with the concurrence of the commissioners.
(3)Any order under this section made after the expiration of two years from the passing of this Act shall be subject to special parliamentary procedure.
(4)The power to make orders conferred by this section shall be exercisable by statutory instrument.
(1)Subject to the provisions of this section, this Part of this Act shall be binding on the Crown and shall apply in relation to any Crown land as it applies in relation to any other land.
(2)Except with the consent of the appropriate authority, no interest in Crown land shall be acquired by compulsory purchase under this Part of this Act.
(3)Except with the consent of the appropriate authority, nothing in this Part of this Act shall operate so as to require the Crown or that authority to pay any coast protection charge in respect of any land, or authorise any person to enter upon any Crown land.
(4)An order under section eighteen of this Act shall not bind the Crown if the order has effect without being confirmed by the Minister.
(5)In this section the expression “Crown land” means land an interest in which belongs to His Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or land an interest in which belongs to a government department or is held in trust for His Majesty for the purposes of a government department; and the expression “the appropriate authority” in relation to any land means—
(a)in the case of land belonging to His Majesty in right of the Crown, the Commissioners of Crown Lands or other government department having the management of that land;
(b)in the case of land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
(c)in the case of land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints; and
(d)in the case of land belonging to a government department or held in trust for His Majesty for the purposes of a government department, the Minister in charge of that department;
and, if any question arises as to the authority which is the appropriate authority in relation to any land, the question shall be determined by the Treasury.
(1)Where under the foregoing provisions of this Part of this Act any coast protection charge or instalment of such a charge, or any cost recoverable under subsection (1) of section thirteen of this Act, is payable or recoverable in respect of land belonging to an ecclesiastical operation, the Church Commissioners may—
(a)apply any moneys or securities held by them for the corporation in discharging the whole or any part of the sums payable or recoverable;
(b)if the land belongs to a benefice, make grants out of their corporate funds in or towards the discharge of any such sum, [F1or make a loan in or towards the discharge thereof as if the discharge thereof were included in the purposes for which such a loan can be made under the provisions of the M1Clergy Residences Repair Act 1776, and the Acts or Measures amending that Act.]
(2)In this section the expression “ecclesiastical corporation” means any ecclesiastical corporation within the meaning of the M2Episcopal and Capitular Estates Act 1851, and includes the incumbent of a benefice; and the expression “benefice” has the meaning assigned to it by section forty-seven of the Tithe M3Act 1936.
Coast Protection Act 1949