Commentary on Sections Powers Section 29: Taking possession of land, &c.
79.This section provides that the Secretary of State may authorise someone to take possession of land or property and carry out work on it. He may also authorise a person to place buildings and other structures in a state of defence, for instance through fortification. Property may be detained, destroyed or moved by authorised persons, and the Secretary of State may also authorise persons to take actions which interfere with public rights or private rights of property. These powers may only be exercised where it is necessary for the preservation of peace or the maintenance of order. It is intended that such powers will be used during the marching season in Northern Ireland and to allow the rapid creation of ‘peace walls’ at interfaces where there is community tension. These powers may be exercised at very short notice, hence they are exempt from normal planning processes.