If the whole or part of any undertaking is displaced, or is likely to be displaced, as a result of the exercise of any power under this Act, the Secretary of State may acquire land compulsorily—
For the purposes of subsection (1), the whole or part of an undertaking is displaced if the site on which it has previously been carried on is no longer reasonably capable of being used for the purposes of the undertaking.
The Acquisition of Land Act 1981 applies to the compulsory acquisition of land under this section.
In relation to a compulsory acquisition under this section—
Sections ... 238, 239 and 241 of TCPA 1990 also apply as mentioned in subsection (4)(b) and (c) where land is acquired by the Secretary of State, otherwise than under this section, for a purpose for which land may be acquired under this section.
The power to acquire land compulsorily under this section includes power to acquire an easement or other right over land by creating a new easement or right.
The power under this section, so far as relating to compulsory acquisition by virtue of subsection (6), includes power to acquire a right for the benefit of a person other than the Secretary of State.
Section 13(2), (3) and (5) of, and Part 2 of Schedule 1 to, the Local Government (Miscellaneous Provisions) Act 1976 (application of compulsory purchase legislation) apply to a compulsory acquisition by virtue of subsection (6) as they apply to an acquisition of rights by virtue of section 13(1) of that Act.
In this section—
""TCPA 1990"" means the Town and Country Planning Act 1990;
""undertaking"" includes a business or facility.