Implementation of resolution WHA19.31 (Resolution)
In this Act “compulsory purchase” means a compulsory purchase of land, being—
a compulsory purchase to which this Act applies by virtue of any other enactment, whether or not passed or made before this Act, or
a compulsory purchase under an enactment specified in subsection (2) below.
The enactments referred to in subsection (1)(b) above are— section 2 of the Metropolitan Police Act 1886, section 1(3) of the Military Lands Act 1892, sections 25(1) and 39(1) of the Small Holdings and Allotments Act 1908, section 5(1) of the Development and Road Improvement Funds Act 1909 as it applies to acquisition by local authorities (as defined in section 7(1) of this Act) or the Secretary of State, ... . . . section 530(1) of the Education Act 1996, . . .
In this section “enactment” includes any statutory instrument.
The authorisation of a compulsory purchase shall be conferred by an order (in this Act called a “compulsory purchase order”).
A compulsory purchase order authorising a compulsory purchase by an authority other than a Minister is to be—
made by that authority,
submitted to the confirming authority, and
confirmed in accordance with Part 2 of this Act.
A compulsory purchase order authorising a compulsory purchase by a Minister shall be made by the Minister in accordance with Schedule 1 to this Act.
A compulsory purchase order may provide that in the following provisions, a reference to land (however expressed) does not include specified land that is at least 9 metres or more below the surface.
The provisions mentioned in subsection (1) are—
Schedule 2A of the Compulsory Purchase Act 1965 (objection to division of land),
any substituted version of that Schedule that applies by virtue of provision made by or under any Act, and
Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (objection to division of land).
Schedule 2 to this Act (exception of minerals from purchases etc.) shall have effect.
In relation to a compulsory purchase the Land Compensation Act 1961 shall have effect subject to the provisions of this section.
The Upper Tribunal shall not take into account any interest in land, or any enhancement of the value of any interest in land, by reason of any building erected, work done or improvement or alteration made, whether on the land purchased or on any other land with which the claimant is, or was at the time of the erection, doing or making of the building, works, improvement or alteration, directly or indirectly concerned, if the Upper Tribunal is satisfied that the creation of the interest, the erection of the building, the doing of the work, the making of the improvement or the alteration, as the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
For the purposes of the execution of his powers and duties under this Act, a Minister may cause to be held such public local inquiries as are directed by this Act and such other public local inquiries as he may think fit.
Subsections (2) and (3) of section 250 of the Local Government Act 1972 (giving of evidence on inquiries) shall apply to a public local inquiry held in pursuance of this Act.
In relation to— subsections (4) and (5) of the said section 250 (defraying of costs of inquiries) shall apply to a public local inquiry held in pursuance of this Act.
a proposed acquisition of land by an authority other than a Minister, or
the proposed extinction under Part VI of this Act of a right of way over land acquired or proposed to be acquired by an authority other than a Minister,
In relation to each of the matters mentioned in paragraphs (a) and (b) of subsection (3), section 250(5) of the Local Government Act 1972 also applies—
where arrangements are made for a public local inquiry to be held in England in pursuance of this Act but the inquiry does not take place;
to the costs of a party to a public local inquiry held in England in pursuance of this Act who does not attend the inquiry.
This section applies to information about land in relation to which an acquiring authority is entitled to exercise a power of compulsory purchase.
The acquiring authority may serve a notice on a person mentioned in subsection (4) requiring him to give to the authority in writing the following information—
the name and address of any person he believes to be an owner, lessee, tenant (whatever the tenancy period) or occupier of the land;
the name and address of any person he believes to have an interest in the land.
The power in subsection (2) is exercisable for the purpose of enabling the acquiring authority to acquire the land.
The persons are—
the occupier of the land;
any person who has an interest in the land either as freeholder, mortgagee or lessee;
any person who directly or indirectly receives rent for the land;
any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it.
The notice must specify the period within which the information must be given to the acquiring authority (being a period of not less than 14 days beginning with the day on which the notice is served).
The notice must also specify or describe—
the land,
the compulsory purchase power, and
the enactment which confers the power.
The notice must be in writing.
Section 6(4) does not apply to notices to be served under this section.
Any notice or other document required or authorised to be served under this Act may be served on any person either by delivering it to him, or by leaving it at his proper address, or by post, so however that the document shall not be duly served by post unless it is sent by registered letter, or by the recorded delivery service.
Any such document required or authorised to be served upon an incorporated company or body shall be duly served if it is served upon the secretary or clerk of the company or body.
For the purposes of this section and of section 7 of the Interpretation Act 1978 the proper address of any person upon whom any such document as aforesaid is to be served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person to be served: Provided that where the person to be served has furnished an address for service, his proper address for the purposes aforesaid shall be the address furnished.
If the authority or Minister having jurisdiction to make the order in connection with which the document is to be served is satisfied that reasonable inquiry has been made and that it is not practicable to ascertain the name or address of an owner, lessee , tenant or occupier of land on whom any such document as aforesaid is to be served, the document may be served by addressing it to him by the description of “owner”, “lessee” , “tenant” or “occupier” of the land (describing it) to which it relates, and by delivering it to some person on the land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land.
Any notice or other document required or authorised to be served on a person under this Act may be served by sending it to an email address or uploading it to a website at which the person has agreed in writing to receive notices or documents for the purposes of the compulsory purchase order to which the notice or document relates.
Any notice or other document required or authorised to be served under this Act on— may also be served electronically by a method mentioned in subsection (7).
an acquiring authority,
a confirming authority,
an inspector,
a local authority, or
a statutory undertaker,
The methods of electronic service are—
sending the notice or document to an appropriate email address, or
uploading the notice or document to an appropriate website.
For the purposes of subsection (7)—
an email address or website is an appropriate one for the service of notices or documents if the person being served has—
provided the email address or details of the website to the sender for the purposes of communicating with them about land subject to the compulsory purchase order or about the order itself, or
published the fact that the email address or the website may be used for those purposes;
an email address is also an appropriate one for the service of notices or documents if the person being served has previously used it for the purposes of communicating with the sender about land subject to the compulsory purchase order or about the order itself.
A notice or other document sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent.
In this section—
“a Welsh planning board” means a board constituted under—
“National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907,
“unit of affordable housing” means a building or part of a building that is constructed or adapted for use as a separate dwelling and—
This section does not apply to a communication required or authorised to be sent under this Act to the High Court.
A person commits an offence if he fails without reasonable excuse to comply with a notice served on him under section 5A.
A person commits an offence if, in response to a notice served on him under section 5A—
he gives information which is false in a material particular, and
when he does so, he knows or ought reasonably to know that the information is false.
If an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.
a director, manager, secretary or other similar officer of the body corporate, or
a person purporting to act in any such capacity,
The reference in subsection (3) to a director must be construed in accordance with section 331(2) of the Town and Country Planning Act 1990.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In this Act, except where the context otherwise requires—
any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph,
In the preceding provisions of this section “statutory undertakers” include—
a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990; . . .
references (whatever the terms used) to the land comprised in the compulsory purchase order were construed, where the context so requires, as references to the stratum of land constituting the underground gas storage or, as the case may be, the land comprising the well, borehole or shaft, and
NHS England;
references to the obtaining or taking possession of the land so comprised were construed as references to the exercise of the right.
an integrated care board established under section 14Z25 of the National Health Service Act 2006;
a National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 or the National Health Service (Scotland) Act 1978;
in relation to England, the council of a county or district, the council of a London borough, the Common Council of the City of London and the Greater London Council.
the land proposed to be acquired further to the compulsory purchase order, and
“fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act,
an NHS foundation trust;
“owner” in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement, the unexpired term whereof exceeds three years and a person who would have power to sell and convey or release the land to the acquiring authority if a compulsory purchase order were operative,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to this section, in relation to the compulsory purchase—
a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 ;
this Act, the enactments incorporated therewith and the Compulsory Purchase Act 1965 shall have effect as if—
includes messuages, tenements and hereditaments, and
in relation to compulsory purchase under any enactment, includes anything falling within any definition of the expression in that enactment,
a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;
the London Fire Commissioner;
a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
a levying body within the meaning of section 74 of the Local Government Finance Act 1988 ;
a body as regards which section 75 of that Act applies;
any joint board or joint committee if all the constituent authorities are such authorities as are described in paragraphs (a) to (c); and
the Honourable Society of the Inner Temple or the Honourable Society of the Middle Temple,
“universal service provider” has the same meaning as in Part 3 of the Postal Services Act 2011 ; and references to the provision of a universal postal service shall be construed in accordance with that Part .
But an instrument containing regulations made for the purposes of section 13A or 13BA or section 15A(11) or paragraph 4A or 4AA of Schedule 1 is subject to annulment in pursuance of a resolution of either House of Parliament.
So far as anything is required or authorised to be prescribed as mentioned in subsection (2) in relation to orders that fall to be made or confirmed by the Welsh Ministers—
the reference in that subsection to the Secretary of State is to be read as a reference to the Welsh Ministers, and
the reference in subsection (3) to either House of Parliament is to be read as a reference to Senedd Cymru.
Anything which, by Part II or III of this Act, or Schedule 1 or 3 of this Act, is required or authorised to be prescribed shall be prescribed by regulations made by the Secretary of State by statutory instrument.
In this Act, unless the context otherwise requires, “statutory undertakers” means—
any person authorised by any enactment to construct, work or carry on—
any railway, light railway, tramway, road transport, water transport, canal or inland navigation undertaking, or
any dock, harbour, pier or lighthouse undertaking, or
any undertaking for the supply of . . . , . . . , or hydraulic power, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Civil Aviation Authority or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence), or
a universal service provider in connection with the provision of a universal postal service . . . ,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaking for the purposes of this Act except to the extent that it is the person’s undertaking as licence holder; and references in this Act to the person’s undertaking shall be construed accordingly.
In this Act “the appropriate Minister” means, in relation to any statutory undertakers, the Secretary of State.
The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.
If any question arises under this Act which Minister is the appropriate Minister, the question shall be determined by the Treasury.
For the removal of doubt it is hereby declared that any power conferred— to purchase land compulsorily is, except in so far as any express provision of any such enactment restricts the exercise of the power, exercisable notwithstanding any other enactment providing that the land shall be inalienable.
under this Act, or
by or under the Acquisition of Land (Authorisation Procedure) Act 1946, or any enactment passed before the commencement of that Act,
This Part of this Act has effect except where a Minister is the acquiring authority.
The compulsory purchase order shall be in the prescribed form and shall describe by reference to a map the land to which it applies.
Before submitting the order to the confirming authority the acquiring authority shall comply with sections 11 and 12 below.
The acquiring authority shall—
in two successive weeks publish a notice in the prescribed form in one or more local newspapers circulating in the locality in which the land comprised in the order is situated , and
for a period of at least 21 days ending with the day specified under subsection (2)(d), publish a notice in the prescribed form on an appropriate website.
The notice notices shall—
state that the order has been made and is about to be submitted for confirmation,
describe the land and state the purpose for which the land is required,
name a place within the locality where a copy of the order and of the map referred to therein may be inspected, and
specify a website on which those copies may be viewed, and
specify the time (not being less than twenty-one days from the first publication of the notice) within which, and the manner in which, objections to the order can be made.
specify the final day for making objections to the order, and the manner in which objections can be made.
In the case of a notice under subsection (1)(a), the requirement in subsection (2)(b) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).
If the confirming authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority to make the copies referred to in subsection (2)(c) available for inspection at an appropriate place, the confirming authority may direct that the requirement in subsection (2)(c) (together with that in section 12(1)(ba)) is not to apply.
In addition, the acquiring authority shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the order.
The notice under subsection (3) must—
be addressed to persons occupying or having an interest in the land, and
set out each of the matters mentioned in subsection (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under subsection (3) is first affixed).
The acquiring authority shall serve on every qualifying person a notice in the prescribed form—
stating the effect of the order,
stating that it is about to be submitted for confirmation, and
(subject to section 11(2A)) naming a place within the locality where a copy of the order and of the map referred to in it may be inspected,
specifying the time (not being less than twenty-one days from service of the notice) within which, and the manner in which, objections to the order can be made.
specifying a website on which those copies may be viewed, and
specifying the final day for making objections to the order, and the manner in which objections can be made.
A person is a qualifying person, in relation to land comprised in an order, if—
he is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land, ...
he falls within subsection (2A) , or
the person is entitled to the benefit of an obligation under a conservation covenant (within the meaning of Part 7 of the Environment Act 2021) relating to the land.
A person falls within this subsection if he is—
a person to whom the acquiring authority would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or
a person the acquiring authority thinks is likely to be entitled to make a relevant claim if the order is confirmed and the compulsory purchase takes place, so far as he is known to the acquiring authority after making diligent inquiry.
Where under this section any notice is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the Church Commissioners Diocesan Board of Finance for the diocese in which the land is situated . In this subsection “ecclesiastical property” means land belonging to any ecclesiastical benefice of the Church of England , or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976.
A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).
For the purposes of sections 11 and 12, the day specified as the final day for making objections must be the last day, or a day after the last day, of the period of 21 days beginning with the first day at the beginning of which the acquiring authority expects that all of the following conditions will be satisfied.
The conditions are that—
a notice has been published for the first time as required by section 11(1)(a),
publication as required by section 11(1)(b) has begun,
a notice has been affixed as required by section 11(3), and
a notice has been served on every qualifying person as required by section 12(1).
If no objection is duly made by any such owner, lessee or occupier as is mentioned in section 12 above, or if all objections so made are withdrawn, the confirming authority, upon being satisfied that the proper notices have been published and served, may, if the confirming authority thinks fit, confirm the order with or without modifications.
The confirming authority may confirm a compulsory purchase order with or without modifications if it is satisfied—
that the notice requirements have been complied with, and
that one of the conditions in subsection (2) is satisfied.
If any objection duly made as aforesaid is not withdrawn, the confirming authority shall, before confirming the order, either cause a public local inquiry to be held or afford to any person by whom any objection has been duly made as aforesaid and not withdrawn an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose, and, after considering the objection and the report of the person who held the inquiry or the person appointed as aforesaid, may confirm the order either with or without modifications.
The conditions are—
no relevant objection is made;
every relevant objection made is either withdrawn or disregarded.
If any person by whom an objection has been made avails himself of the opportunity of being heard, the confirming authority shall afford to the acquiring authority, and to any other persons to whom it appears to the confirming authority expedient to afford it, an opportunity of being heard on the same occasion.
The confirming authority may require every person who makes a relevant objection to state the grounds of the objection in writing.
Notwithstanding anything in subsection (2) or (3) above, the confirming authority may require any person who has made an objection to state in writing the grounds thereof, and may disregard the objection for the purposes of this section if the confirming authority is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed.
If the confirming authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection.
This section has effect subject to section 31 below (joint confirmation by confirming authority and appropriate Minister)
The notice requirements are the requirements under sections 11 and 12 to publish, affix and serve notices in connection with the compulsory purchase order.
A relevant objection is an objection by a person who is a qualifying person for the purposes of section 12(2), but if such a person qualifies only by virtue of section 12(2A)(b) and the confirming authority thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection.
Disregarded means disregarded under subsection (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.
This section applies to the confirmation of a compulsory purchase order if a relevant objection is made which is neither— (a remaining objection).
withdrawn, nor
disregarded,
The confirming authority may proceed under the written representations procedure—
if the order is not subject to special parliamentary procedure,
in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and
if every person who has made a remaining objection consents in the prescribed manner.
If subsection (2) does not apply or if the confirming authority decides not to proceed under that subsection, it must either—
cause a public local inquiry to be held, or
give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose.
If a person who has made a remaining objection takes the opportunity to appear before a person appointed under subsection (3)(b) the confirming authority must give the acquiring authority and any other person it thinks appropriate the opportunity to be heard at the same time.
The confirming authority may confirm the order with or without modifications if it has considered the objection and either —
it has followed the written representations procedure, or
in a case which falls within subsection (3), if an inquiry was held or a person was appointed under subsection (3)(b), it has considered the report of the person who held the inquiry or who was so appointed.
The written representations procedure is such procedure as is prescribed for the purposes of this section including provision affording an opportunity to— to make written representations as to whether the order should be confirmed.
every person who has made a remaining objection,
the acquiring authority, and
any other person the confirming authority thinks appropriate,
The confirming authority must cause a public local inquiry to be held if—
the order is subject to special parliamentary procedure, or
in the case of an order to which section 16 applies, a certificate has been given under subsection (2) of that section.
If subsection (1A) does not apply, the confirming authority must either—
cause a public local inquiry to be held, or
follow the representations procedure.
In deciding between those options, the confirming authority must have regard to the scale and complexity of what is proposed by the order.
The representations procedure is a procedure to be prescribed.
The regulations prescribing the procedure must include—
provision enabling each person who has made a remaining objection to make representations—
in writing to the confirming authority, or
if the person so requests, at a hearing, and
provision enabling the acquiring authority, and any other person the confirming authority thinks appropriate, to make representations—
in writing to the confirming authority, or
if applicable, at a hearing held as mentioned in paragraph (a)(ii).
The regulations may provide for hearings to be held by the confirming authority or by a person appointed by the confirming authority.
In subsection (1E), “representations” means representations as to whether the order should be confirmed.
Before confirming the order, the confirming authority must consider—
each remaining objection;
if a public local inquiry was held, the report of the person who held it;
if the representations procedure was followed and the confirming authority held a hearing, the representations made at the hearing;
if the representations procedure was followed and a person appointed by the confirming authority held a hearing, the report of that person;
if the representations procedure was followed and written representations were made, those representations.
The confirming authority may confirm the order with or without modifications.
Relevant objection and disregarded must be construed in accordance with section 13.
The order as confirmed by the confirming authority shall not, unless all persons interested consent, authorise the acquiring authority to purchase compulsorily any land which the order would not have authorised that authority to purchase compulsorily if it had been confirmed without modification.
This section applies where the confirming authority decides under section 13A to follow the written representations procedure.
The confirming authority may make orders as to the costs of the parties to the written representations procedure, and as to which party must pay the costs.
An order under subsection (2) may be made a rule of the High Court on the application of any party named in the order.
The costs incurred by the confirming authority in connection with the written representations procedure must be paid by the acquiring authority, if the confirming authority so directs.
The confirming authority may certify the amount of its costs, and any amount so certified and directed to be paid by the acquiring authority is recoverable summarily by the confirming authority as a civil debt.
Section 42(2) of the Housing and Planning Act 1986 (recovery of Minister’s costs in connection with inquiries) applies to the written representations procedure as if the procedure is an inquiry specified in section 42(1) of that Act.
Regulations under section 13A(6) 13A(1D) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.
describing the land,
After the order has been confirmed, the acquiring authority must—
serve a confirmation notice and a copy of the order as confirmed on each person on whom a notice was required to be served under section 12, and
affix a confirmation notice to a conspicuous object or objects on or near the land comprised in the order.
stating that the order has been confirmed, and
The notice under subsection (1)(b) must—
be addressed to persons occupying or having an interest in the land;
so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative day on which the authority takes the final step needed to comply with subsection (1)(a).
naming a place where a copy of the order as confirmed and of the map referred to therein may be inspected at all reasonable hours.
Unless the order was confirmed conditionally, The acquiring authority must also publish a confirmation notice—
in one or more local newspapers circulating in the locality in which the land comprised in the order is situated , and
on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the authority takes the final step needed to comply with subsection (1)(a).
The acquiring authority must comply with subsections (1) and (3) (3)(a) before the end of—
the period of 6 weeks beginning with the day on which the order is confirmed, or
such longer period beginning with that day as may be agreed in writing between the acquiring authority and the confirming authority.
If the acquiring authority fails to comply with subsections (1) and (3) (3)(a) in accordance with subsection (3A), or with subsection (3)(b), the confirming authority may—
take any steps that the acquiring authority was required but has failed to take to comply with those subsections, and
recover the reasonable costs of doing so from the acquiring authority.
A confirmation notice is a notice—
describing the land;
stating that the order has been confirmed;
if the order was confirmed conditionally, stating the conditions and time specified under section 13BA(3);
(except in the case of a notice under subsection (1)(a)) naming a place where a copy of the order as confirmed and of the map referred to there may be inspected at all reasonable hours;
specifying a website on which those copies may be viewed;
that a person aggrieved by the order may apply to the High Court as mentioned in section 23.
containing a prescribed statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981;
inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the acquiring authority information about the person's name, address and interest in land, using a prescribed form.
In the case of a notice under subsection (3)(a), the requirement in subsection (4)(a) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).
If the confirming authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority to make the copies referred to in subsection (4)(c) available for inspection at an appropriate place, the confirming authority may direct that the requirement in subsection (4)(c) is not to apply.
If the order was confirmed conditionally and the confirming authority decides under section 13BA that the conditions have been met, the acquiring authority must serve— on each person on whom a notice was required to be served under section 12.
a copy of the order, and
a fulfilment notice,
Where subsection (4B) applies, the acquiring authority must also—
affix a fulfilment notice to a conspicuous object or objects on or near the land comprised in the order, and
publish a fulfilment notice—
in one or more local newspapers circulating in the locality in which the land comprised in the order is situated, and
on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the acquiring authority takes the final step needed to comply with subsection (4B).
The acquiring authority must comply with subsections (4B) and (4C)(a) and (b)(i) before the end of—
the period of 6 weeks beginning with the day on which the decision under section 13BA is made, or
such longer period beginning with that day as may be agreed in writing between the acquiring authority and the confirming authority.
If the acquiring authority fails to comply with those provisions before the end of that period, or fails to comply with subsection (4C)(b)(ii), the confirming authority may—
take any steps that the acquiring authority was required but has failed to take to comply, and
recover the reasonable costs of doing so from the acquiring authority
A fulfilment notice is a notice—
stating that the conditions subject to which the order was confirmed have been met and that the order will therefore become operative, and
annexing the information that was contained in the confirmation notice except that, in the case of a fulfilment notice under subsection (4C)(b)(i), the requirement to annex a description of the land (see subsection (4)(a)) may be met by briefly identifying the land (by giving its postal address or otherwise).
A confirmation notice or fulfilment notice must be in the prescribed form.
The acquiring authority must send the confirmation notice , and any fulfilment notice, to the Chief Land Registrar and it each such notice shall be a local land charge.
The confirming authority may confirm a compulsory purchase order conditionally.
The effect of conditional confirmation is that the order—
does not become operative until the confirming authority has decided, on an application by the acquiring authority, that certain conditions have been met, and
expires if the confirming authority—
has not received an application for the purposes of subsection (2)(a) by a certain time, or
having received such an application by that time, decides that the conditions have not been met.
The conditions and the time are to be specified by the confirming authority when it confirms the order.
The procedure to be followed in relation to an application under this section is to be prescribed.
The regulations prescribing the procedure must include provision for each relevant objector—
to be given notice of the application (or for steps to be taken with a view to notifying them), and
to have the opportunity to make written representations in response to the application.
In subsection (5), “relevant objector” means a person who made an objection to the order that—
was a remaining objection for the purposes of section 13A, and
had not been withdrawn by the time the order was confirmed.
The regulations may include provision as to the giving of reasons for the decision on the application.
Subsections (2) to (6) of section 13B apply to proceedings on an application under this section as they apply to the representations procedure.
The confirming authority may confirm an order (with or without modifications) so far as it relates to part of the land comprised in the order (the “relevant part”) if each of the conditions in subsection (2) is met.
The conditions are—
the confirming authority is satisfied that the order ought to be confirmed so far as it relates to the relevant part but has not for the time being determined whether the order ought to be confirmed so far as it relates to the remaining part;
the confirming authority is satisfied that the notice requirements have been complied with.
If there is a remaining objection in respect of the order, the confirming authority may only act under subsection (1) after complying with section 13A(2) or (3) 13A(1A) or (1B) (as the case may be).
But it may act under subsection (1) without complying with those provisions if it is satisfied that all remaining objections relate solely to the remaining part of the land.
If the confirming authority acts under subsection (1)—
it must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction;
the order so far as it relates to each part of the land must be treated as a separate order.
The notices to be published, affixed and served under section 15 must include a statement as to the effect of the direction given under subsection (5)(a).
Notice requirements must be construed in accordance with section 13.
Remaining objection must be construed in accordance with section 13A.
The confirming authority may, when it confirms a compulsory purchase order, include provision in the order specifying a period longer than three years for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for notice to treat) and section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (time limit for general vesting declaration).
No such provision is to be included by the acquiring authority in the order submitted for confirmation.
The power to confirm an order may be exercised by the acquiring authority (instead of the confirming authority) if—
the confirming authority has notified the acquiring authority to that effect, and
the notice has not been revoked.
But this section does not apply to an order in respect of land—
falling within section 16(1) or paragraph 3(1) of Schedule 3, or
forming part of a common, open space or fuel or field garden allotment for the purposes of section 19.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The confirming authority may give notice under subsection (1) if it is satisfied—
that the notice requirements have been complied with,
that no objection has been made in relation to the proposed confirmation or that all objections have been withdrawn, and
that the order is capable of being confirmed —
without modification, or
with only such modifications as are specified by the confirming authority in the notice.
An objection is an objection made by any person (whether or not a person mentioned in section 12(2)), including an objection which is disregarded.
A confirming authority may specify a modification only if—
it modifies the order so as to add an additional interest in land, and the confirming authority is satisfied that the interest holder consents to the proposed modification,
it modifies the order so as to remove an interest in any land to which the order applies,
it modifies the order so as to remove part of an interest in any land to which the order applies, and the confirming authority is satisfied that the interest holder consents to the proposed modification, or
it modifies the order in such a way that no interests in land are affected.
The power to confirm an order under subsection (1) does not include any power—
to confirm the order with modifications, other than those specified in the notice,
to confirm only a part of the order , or
in a case where the notice specifies modifications, to confirm the order without those modifications.
The acquiring authority must notify the confirming authority as soon as reasonably practicable after it has determined whether or not to confirm the order.
In a case where the acquiring authority has determined to confirm an order with modifications, it must, at the same time as notifying the confirming authority under subsection (6)—
provide the confirming authority with a copy of the order as modified, and
certify that the only modifications are those specified by the confirming authority.
The confirming authority may revoke a notice given by it under subsection (1).
But a notice may not be revoked if the determination has already been made and notified by the acquiring authority under subsection (6).
An order confirmed by the acquiring authority under subsection (1) is to have the same effect as if it were confirmed by the confirming authority.
Notices under this section must be in writing.
Notice requirements and disregarded must be construed in accordance with section 13.
The Secretary of State must publish one or more timetables in relation to steps to be taken by confirming authorities, other than the Welsh Ministers, in confirming a compulsory purchase order.
Different timetables may be published in relation to—
different confirming authorities, or
different types of compulsory purchase order.
The Secretary of State may at any time revise a timetable published under this section.
The validity of an order is not affected by any failure to comply with a timetable published under this section.
The Secretary of State must lay before Parliament an annual report showing the extent to which confirming authorities have complied with any applicable timetable published under this section.
A report laid by the Secretary of State under this section need not include information about a confirming authority if the number of compulsory purchase orders submitted to it is lower than a minimum specified by the Secretary of State in the report.
The Welsh Ministers may publish one or more timetables in relation to steps to be taken by them in confirming a compulsory purchase order.
Different timetables may be published in relation to different types of compulsory purchase order.
The Welsh Ministers may at any time revise a timetable published under this section.
The validity of an order is not affected by any failure to comply with a timetable published under this section.
The Welsh Ministers must lay before the National Assembly for Wales an annual report showing the extent to which they have complied with any applicable timetable published under this section.
A confirming authority may appoint a person (“an inspector”) to act instead of it in relation to the confirmation of a compulsory purchase order to which section 13A applies.
An inspector may be appointed to act in relation to—
a specific compulsory purchase order, or
a description of compulsory purchase orders.
An inspector—
has the same functions as a confirming authority under this Part (excluding this section),
retains those functions even if all remaining objections are withdrawn after the inspector has begun to act in relation to a compulsory purchase order, and
may hold a public local inquiry under section 13A(3)(a) or act as the person appointed to hear remaining objections under section 13A(3)(b) 13A.
Where an inspector is to act in relation to a compulsory purchase order, the confirming authority must inform—
every person who has made a remaining objection, and
the acquiring authority.
Where an inspector decides whether or not to confirm the whole or part of a compulsory purchase order, the inspector's decision is to be treated as that of the confirming authority.
The confirming authority may at any time—
revoke its appointment of an inspector, and
appoint another inspector.
If the confirming authority revokes its appointment of an inspector while the inspector is acting in relation to a compulsory purchase order and does not replace the inspector, the authority must give its reasons—
to the inspector whose appointment has been revoked, and
to all those informed under subsection (4).
Where in any enactment there is a provision that applies in relation to a confirming authority acting under this Part, that provision is to be read as applying equally in relation to an inspector so far as the context permits.
In this section “remaining objection” is to be construed in accordance with section 13A.
Subsection (2) applies if—
an acquiring authority submits a compulsory purchase order for confirmation, and
the authorising enactment is listed in Schedule 2A.
The acquiring authority may include in the order a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if it does so the following provisions of this section apply.
The acquiring authority must submit to the confirming authority a statement of commitments together with the order.
A “statement of commitments” is a statement of the acquiring authority’s intentions as to what will be done with the project land should the acquisition proceed, so far as the authority relies on those intentions in contending that the direction is justified in the public interest.
If the authorising enactment is listed in any of paragraphs A1 or 2 to 7 of Schedule 2A, those intentions must include the provision of a certain number of units of affordable housing.
The statement under section 12(1)(a) must include a statement of the effect of the direction; and paragraphs (ba) and (bb) of the same subsection apply in respect of the statement of commitments as they apply in respect of the compulsory purchase order.
The confirming authority may permit the acquiring authority to amend the statement of commitments before the decision whether to confirm the order is made.
But the confirming authority may do so—
only if satisfied that the amendment would not be unfair to any person who made or could have made a relevant objection for the purposes of section 13, and
if the authorising enactment is listed in any of paragraphs A1 or 2 to 7 of Schedule 2A, only if the statement of commitments as amended will still comply with subsection (5).
If the confirming authority decides to confirm the order in accordance with the applicable provisions of this Part—
it may confirm the order with the direction included if satisfied that the direction is justified in the public interest;
otherwise, it must modify the order so as to remove the direction.
If the order is confirmed with the direction included, a confirmation notice under section 15 must (in addition to the matters set out in subsection (4) of that section)—
state the effect of the direction,
explain how the statement of commitments may be viewed, and
explain that additional compensation may become payable if the statement of commitments is not fulfilled.
In this section—
“the authorising enactment” means the enactment that confers the power to make the compulsory purchase to which the order in question relates;
“the project land” means—
This section applies where the land comprised in a compulsory purchase order includes land which has been acquired by statutory undertakers for the purposes of their undertaking and on a representation made to the appropriate Minister before the expiration of the time within which objections to the order can be made he is satisfied that— and the representation is not withdrawn..
any of the said land is used for the purposes of the carrying on of their undertaking, or
an interest in any of the said land is held for those purposes.
The compulsory purchase order shall not be confirmed or made so as to authorise the compulsory purchase of any land as to which the appropriate Minister is satisfied as aforesaid except land as to which he is satisfied that its nature and situation are such— and certifies accordingly.
that it can be purchased and not replaced without serious detriment to the carrying on of the undertaking, or
that if purchased it can be replaced by other land belonging to, or available for acquisition by, the undertakers without serious detriment to the carrying on thereof,
This section applies to land which—
is the property of a local authority, or
has been acquired by statutory undertakers, who are not a local authority, for the purposes of their undertaking.
Subject to subsection (3) below, a compulsory purchase order shall, in so far as it authorises the compulsory purchase of land to which this section applies, be subject to special parliamentary procedure in any case where an objection to the compulsory purchase of the land has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.
Subsection (3) of section 16 above applies in relation to subsections (1) and (2) above as it applies in relation to the preceding provisions of that section.
Subsection (2) above shall not apply to the compulsory acquisition of an interest in land where the person acquiring the interest is a local authority (as defined in subsection (4) below) a National Park authority, an urban development corporation , a Mayoral development corporation , ...,. . . . . ., a Welsh planning board, any statutory undertakers or a Minister.
In subsection (3) above—
an integrated care board established under section 14Z25 of the National Health Service Act 2006,
“common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green,
“statutory undertakers” includes—
An order under paragraph (b) of the definition of “statutory undertakers” in subsection (4) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies to land belonging to the National Trust which is held by the Trust inalienably.
A compulsory purchase order shall, in so far as it authorises the compulsory purchase of land to which this section applies, be subject to special parliamentary procedure in any case where an objection to the compulsory purchase of the land has been duly made by the National Trust and has not been withdrawn.
In this section “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the National Trust Act 1907 or section 8 of the National Trust Act 1939.
In so far as a compulsory purchase order authorises the purchase of any land forming part of a common, open space or fuel or field garden allotment, the order shall be subject to special parliamentary procedure unless the Secretary of State is satisfied— and certifies accordingly.
that there has been or will be given in exchange for such land, other land, not being less in area and being equally advantageous to the persons, if any, entitled to rights of common or other rights, and to the public, and that the land given in exchange has been or will be vested in the persons in whom the land purchased was vested, and subject to the like rights, trusts and incidents as attach to the land purchased, or
that the land is being purchased in order to secure its preservation or improve its management
that the land does not exceed 250 square yards in extent or is required for the widening or drainage of an existing highway or partly for the widening and partly for the drainage of such a highway and that the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public,
Where it is proposed to give a certificate under this section, the Secretary of State shall direct the acquiring authority to give public notice of his intention so to do, and— the Secretary of State may, after considering any representations and objections made and, if an inquiry has been held, the report of the person who held the inquiry, give the certificate.
after affording opportunity to all persons interested to make representations and objections in relation thereto, and
after causing a public local inquiry to be held in any case where it appears to him to be expedient so to do, having regard to any representations or objections made,
Notice under subsection (2) above shall be given in such form and manner as the Secretary of State may direct.
A compulsory purchase order may provide for—
vesting land given in exchange as mentioned in subsection (1) above in the persons, and subject to the rights, trusts and incidents, therein mentioned, and
discharging the land purchased from all rights, trusts and incidents to which it was previously subject except where the Secretary of State has given a certificate under subsection (1)(aa) above..
In this section—
NHS England,
“land”—
This section applies, subject to subsection (2) below, to land being, or being the site of—
a monument with respect to which an interim preservation notice is in force, or
subject to subsection (4) below, any other ancient monument as defined in the Ancient Monuments Acts 1913 and 1931.
Subsection (1) above shall not include a fisted building, or any land or object comprised within the curtilage of a listed building, unless the building or object—
is specified in the Schedule to the Ancient Monuments Protection Act 1882, or
is for the time being specified in a list published under section 12 of the Ancient Monuments Consolidation and Amendment Act 1913.
In so far as a compulsory purchase order authorises the purchase of land to which this section applies, the order shall be subject to special parliamentary procedure unless the Secretary of State is the acquiring authority or certifies that the acquiring authority has entered into an undertaking with the Secretary of State to observe such conditions as to the use of the land as in his opinion are requisite having regard to the nature thereof.
Subsection (1)(b) above is prospectively repealed by the Ancient Monuments and Archaeological Areas Act 1979 as amended by paragraph 29 of Schedule 4 to this Act, that is to say repealed by a provision which may be brought into force under section 65(2) of that Act.
In this section—
In the case of land falling within more than one of sections 17 to 20 above a compulsory purchase order shall be subject to special parliamentary procedure if required to be subject thereto by any of those sections.
As soon as may be after the giving of a certificate under this Part of this Act, the acquiring authority shall publish— a notice in the prescribed form stating that the certificate has been given.
in one or more local newspapers circulating in the locality in which the land comprised in the order is situated , and
on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the certificate is given,
If any person aggrieved by a compulsory purchase order desires to question the validity thereof, or of any provision contained therein, on the ground that the authorisation of a compulsory purchase thereby granted is not empowered to be granted under this Act or any such enactment as is mentioned in section 1(1) of this Act, he may make an application to the High Court.
If any person aggrieved by— desires to question the validity thereof on the ground that any relevant requirement has not been complied with in relation to the order or certificate he may make an application to the High Court.
a compulsory purchase order, or
a certificate under Part III of, or Schedule 3 to, this Act,
In subsection (2) above “relevant requirement” means—
any requirement of this Act, or of any regulation under section 7(2) above, or
any requirement of the Tribunals and Inquiries Act 1992 or of any rules made, or having effect as if made, under that Act.
An application to the High Court under this section shall be made within six weeks—
in the case of a compulsory purchase order to which the Statutory Orders (Special Procedure) Act 1945 applies (and which is not excluded by section 27 below), from the date on which the order becomes operative under that Act,
in the case of a compulsory purchase order to which the said Act of 1945 does not apply, from the date on which notice of the confirmation or making of the order is first published in accordance with this Act,
in the case of a certificate, the date on which notice of the giving of the certificate is first published in accordance with this Act.
On an application under section 23 above the court may by interim order suspend the operation of the compulsory purchase order or any provision contained therein, or of the certificate, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings.
If on the application the court is satisfied that— the court may quash the compulsory purchase order or any provision contained therein, or the certificate, either generally or in so far as it affects any property of the applicant.
the authorisation granted by the compulsory purchase order is not empowered to be granted under this Act or any such enactment as is mentioned in section 1(1) of this Act, or
the interests of the applicant have been substantially prejudiced by any relevant requirement (as defined in section 23(3) above) not having been complied with,
If the court has power under subsection (2) to quash a compulsory purchase order it may instead quash the decision to confirm the order either generally or in so far as it affects any property of the applicant.
Subject to the preceding provisions of this Part of this Act, a compulsory purchase order, or a certificate under Part III of, or Schedule 3 to, this Act, shall not, either before or after it has been confirmed, made or given, be questioned in any legal proceedings whatsoever.
A compulsory purchase order confirmed under Part 2 becomes operative—
if it is confirmed unconditionally, on the date on which a confirmation notice in respect of the order is first published as required by section 15(3)(a);
if it is confirmed conditionally, on the date on which a fulfilment notice in respect of the order is first published as required by section 15(4C)(b)(i).
Subject to section 24 above, a certificate under Part III of, or Schedule 3 to, this Act shall become operative on the date on which notice of the giving of the certificate is first published in accordance with this Act.
A compulsory purchase order made under Schedule 1 becomes operative—
if it is made unconditionally, on the date on which a making notice in respect of the order is first published as required by paragraph 6(3)(a) of that Schedule;
if it is made conditionally, on the date on which a fulfilment notice in respect of the order is first published as required by paragraph 6(4C)(b)(i) of that Schedule.
Subsections (1A) and (1B) do not apply to an order to which the Statutory Orders (Special Procedure) Act 1945 applies.
A certificate given under Part 3 becomes operative on the date on which it is first published as required by section 22(a).
A certificate given under Schedule 3 becomes operative on the date on which it is first published as required by paragraph 9(a) of that Schedule.
This section is subject to section 24.
This Part of this Act shall not apply to an order which is confirmed by Act of Parliament under section 4 or 6 of the Statutory Orders (Special Procedure) Act 1945.
Schedule 3 to this Act applies to the compulsory acquisition under this Act of rights over land by the creation of new rights by virtue of—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 21A of the Welsh Development Agency Act 1975,
section 13(1) of the Local Government (Miscellaneous Provisions) Act 1976,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 142(4) of the Local Government, Planning and Land Act 1980,
section 250 of the Highways Act 1980.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
paragraph 1 of Schedule 3 to the Gas Act 1986.
paragraph 1 of Schedule 3 to the Electricity Act 1989.
paragraph 3(3) of Schedule 4 to the Communications Act 2003.
This Act in its application to compulsory rights orders by section 4 of the Opencast Coal Act 1958 has effect subject to this section.
Parts II, III and IV of this Act shall apply as if in those provisions—
any reference to a compulsory purchase order were a reference to a compulsory rights order,
any reference to the acquiring authority were a reference to the Coal Authority , and any reference to the confirming authority were a reference to the Secretary of State, and
any reference to authorising the compulsory purchase of land were a reference to operating so as to confer . . . temporary rights of occupation and use of land.
Any modifications of particular provisions of this Act which are specified in the following provisions of this section shall have effect, in relation to those provisions, in addition to the general modifications mentioned above.
Part II of this Act shall apply as if for section 12 there was substituted—
Section 13 of this Act shall apply as if for the reference to a qualifying person for the purposes of section 12(2) there were substituted a reference to any person who, in relation to the order, is a person directly concerned.
Except where the Secretary of State is proceeding concurrently with respect to an application for opencast planning permission and a compulsory rights order, the Secretary of State may disregard an objection to such an order if he is satisfied that it relates to the question whether opencast planning permission should be granted or should have been granted and either— This subsection is without prejudice to the operation of section 13 of this Act.
it relates exclusively to that question, or
in so far as it relates to other matters, they consist entirely of matters which can be dealt with in the assessment of compensation.
Part III of this Act shall apply as if section 17 were omitted.
In section 19 of this Act—
any reference to giving other land in exchange shall be construed as a reference to making other land available during the period for which the compulsory rights order is to have effect,
the provisions of the said section 19 as to the vesting of land, and as to its being made subject to the like rights, trusts and incidents as the land purchased, shall apply with the necessary modifications, and
subsection (3)(b) shall not apply.
Section 23 of this Act shall apply as if—
in subsection (1) for the first reference to this Act there were substituted a reference to the Opencast Coal Act 1958,
in subsection (3)(a) the reference to this Act included a reference to that Act.
The date on which the compulsory rights order becomes operative shall be that mentioned in section 26(1) of this Act or such later date (not being more than one year after confirmation of the order) as may be determined by the Secretary of State and specified in the order as confirmed.
In the application of this Act to compulsory rights orders “prescribed” means prescribed by regulations under the Opencast Coal Act 1958.
In this section “opencast planning permission” and “persons directly concerned” have the same meanings as in the Opencast Coal Act 1958.
Subject to this section, in relation to the compulsory purchase—
of a right to store gas in an underground gas storage under section 12(1) of the Gas Act 1965, or
of any right under subsections (2) or (3) of section 13 of that Act,
In relation to the compulsory purchase of a right to store gas in an underground gas storage under section 12(1) of the Gas Act 1965 this Act shall have effect—
as if in sections 16 to 18 of this Act references to the land comprised in the compulsory purchase order included references to any land held with the stratum of land constituting the underground gas storage,
as if sections 19 and 20 of this Act were omitted.
Section 28 above and Schedule 3 to this Act shall not apply to a compulsory purchase to which this section applies.
This section applies to a compulsory purchase order under— being a compulsory purchase order authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking.
the Town and Country Planning Act 1990 or the Planning (Listed Buildings and Conservation Areas) Act 1990 or Part 3 of the Historic Environment (Wales) Act 2023,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 142 or 143 of the Local Government, Planning and Land Act1980 (acquisition by urban development corporation),
section 207(2) of the Localism Act 2011 (acquisition by Mayoral development corporation), or
section 21A of, and Schedule 4 to, the Welsh Development Agency Act 1975,
Section 16(2) of, and paragraph 3(2) of Schedule 3 to, this Act shall not apply to an order confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would (apart from this subsection) have power to make or confirm it.
Except where the appropriate Minister's certificate is given, a compulsory purchase order to which this section applies shall be of no effect unless it is confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would apart from this subsection have power to make or confirm it.
Where in accordance with this section a compulsory acquisition is effected under a compulsory purchase order confirmed or made without the appropriate Minister’s certificate sections 280 to 282 of the Town and Country Planning Act 1990 (measure of compensation) shall apply in accordance with section 280(1)(c) of that Act.
This section applies where land is acquired, or proposed to be acquired— and there subsists over any part of the land a public right of way, not being a right enjoyable by vehicular traffic.
in pursuance of a compulsory purchase order, or
by agreement for a purpose, and by an authority, such that the compulsory acquisition of the land could be authorised by a compulsory purchase order,
If the acquiring authority is satisfied that a suitable alternative right of way has been or will be provided, or that the provision thereof is not required, the acquiring authority may by order extinguish the right of way; and Schedule 6 to the Highways Act 1980 shall have effect as to the making, confirmation, validity and date of operation of any such order.
If the acquiring authority is not the Secretary of State—
the order under subsection (2) above shall not take effect unless confirmed by the Secretary of State, or unless confirmed, as an unopposed order, by the acquiring authority under paragraph 2(1)(b) of Schedule 6 to the Highways Act 1980 as applied by this section, and
the Secretary of State shall not confirm the order unless satisfied that this section applies, and that a suitable alternative right of way has been or will be provided, or that the provision thereof is not required.
The time specified in the order under subsection (2) above as the time from which the right of way is extinguished shall not be earlier than—
confirmation of the order, or if the Secretary of State is the acquiring authority, the making of the order;
if in the exercise of the power conferred by section 11(1) of the Compulsory Purchase Act 1965, or by agreement, the acquiring authority takes possession of the land, the date on which the authority takes possession of the land;
if the acquiring authority does not take possession of the land in exercise of any such power, the date on which the acquisition of the land is completed.
Where a right of way is extinguished under this section at a date before the acquisition of the land is completed, then if at any time thereafter it appears to the acquiring authority that the proposal to acquire the land has been abandoned, the acquiring authority shall by order direct that the right shall revive, without prejudice, however, to the making of a new order extinguishing the right.
No order shall be made under subsection (2) above as respects a right of way over land on, over or under which there is any apparatus belonging to statutory undertakers unless the undertakers consent to the making of the order, and— Any question arising under this subsection whether any requirement or refusal is reasonable shall be determined by the appropriate Minister.
the consent may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they may reasonably require, and
the consent shall not be unreasonably refused.
In subsection (6) above the reference to apparatus belonging to statutory undertakers shall include a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network and in relation to any such apparatus—
the references to the undertakers shall have effect as references to the operator of the network in question; and
the reference to the appropriate Minister shall have effect as a reference to the Secretary of State.
This section shall not apply where section 251 or 258 of the Town and Country Planning Act 1990 (extinction of public rights of way over land held for planning purposes) applies.
This section applies subject to any provision to the contrary in any other Act and subject in particular to the exclusion of this Part of this Act by— section 41 or 42 or 42A of the Civil Aviation Act 1982, . . .
Except as provided in this section nothing in this Act shall be taken to authorise the extinction of any public right of way.
In section 32 above “compulsory purchase order” includes—
a compulsory purchase order under the Acquisition of Land (Authorisation Procedure) Act 1946, and
an authorisation under section 2 of that Act (which was repealed by the Statute Law Revision Act 1953).
Section 32 above shall apply in relation to land acquired before the commencement of the said Act of 1946 by a local authority, being—
land acquired compulsorily under any public general Act in force immediately before the commencement of the said Act of 1946 other than—
the Light Railways Acts 1896 and 1912,
Part III of the Housing Act 1936,
the Town and Country Planning Act 1944, or
land acquired by agreement for a purpose such that the land could have been so acquired compulsorily.
The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Act.
The transitional provisions in Schedule 5 to this Act shall have effect.
The enactments and instruments specified in Schedule 6 to this Act (of which those in Part II are spent) shall be repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Acquisition of Land Act 1981.
This Act shall come into force at the expiration of a period of three months beginning with the date on which it is passed.
This Act, except so far as Schedule 4 amends any enactment which extends to Scotland or Northern Ireland, extends to England and Wales only.
Section 2(3).
This Schedule has effect where a Minister is the acquiring authority. The compulsory purchase order shall be prepared in draft and shall describe by reference to a map the land to which it applies. Subject as aforesaid the form of the order shall be such as the Minister may determine. The order may, in particular, include provision specifying a period longer than three years for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for notice to treat) and section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (time limit for general vesting declaration). As soon as may be after the draft of the order has been prepared, and before making the order, the Minister shall comply with paragraphs 2 and 3 below. The provisions of the said paragraphs 2 and 3 as to the notice thereby required shall apply subject to such modifications of the form of the notice as appear to the Minister to be requisite.
The Minister shall— The notice notices shall— In the case of a notice under sub-paragraph (1)(a), the requirement in sub-paragraph (2)(b) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise). If the appropriate authority (see paragraph 4(8)) is satisfied that, because of special circumstances, it is impracticable for the Minister to make the copies referred to in sub-paragraph (2)(c) available for inspection at an appropriate place, the appropriate authority may direct that the requirement in sub-paragraph (2)(c) (together with that in paragraph 3(1)(ba)) is not to apply. In addition, the Minister shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the draft order. The notice under sub-paragraph (3) must—
The Minister shall serve on every qualifying person a notice in the prescribed form— A person is a qualifying person, in relation to land comprised in a draft order, if— A person falls within this sub-paragraph if he is— A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection). Where under this paragraph any notice is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated. In this sub-paragraph “ecclesiastical property” means land belonging to any ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction ....
For the purposes of paragraphs 2 and 3, the day specified as the final day for making objections must be the last day, or a day after the last day, of the period of 21 days beginning with the first day at the beginning of which the Minister expects that all of the following conditions will be satisfied. The conditions are that—
The Minister may make a compulsory purchase order with or without modifications if he is satisfied— The conditions are— The appropriate authority may require every person who makes a relevant objection to state the grounds of the objection in writing. If the appropriate authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection. The notice requirements are the requirements under paragraphs 2 and 3 to publish, affix and serve notices in connection with the compulsory purchase order. A relevant objection is an objection by a person who is a qualifying person for the purposes of paragraph 3(2), but if such a person qualifies only by virtue of paragraph 3(2A)(b) and the Minister thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection. Disregarded means disregarded under sub-paragraph (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase. The appropriate authority is— Highway land acquisition powers must be construed in accordance with the Highways Act 1980. The planning Minister is the Secretary of State for the time being having general responsibility in planning matters.
This paragraph applies to the making of a compulsory purchase order if a relevant objection is made which is neither— (a remaining objection). The appropriate authority may proceed under the written representations procedure— If sub-paragraph (2) does not apply or if the appropriate authority decides not to proceed under that sub-paragraph, it must either— If a person who has made a remaining objection takes the opportunity to appear before a person appointed under sub-paragraph (3)(b) the appropriate authority must give any other person it thinks appropriate the opportunity to be heard at the same time. The Minister may make the order with or without modifications if— The conditions are— The written representations procedure is such procedure as is prescribed for the purposes of this paragraph including provision affording an opportunity to— to make written representations as to whether the order should be made. Regulations under sub-paragraph (7) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed. The appropriate authority must cause a public local inquiry to be held if— If sub-paragraph (1A) does not apply, the appropriate authority must either— In deciding between those options, the appropriate authority must have regard to the scale and complexity of what is proposed by the draft order. The representations procedure is a procedure to be prescribed. The regulations prescribing the procedure must include provision— The regulations may provide for hearings to be held by the appropriate authority or by a person appointed by the appropriate authority. In sub-paragraph (1E), “representations” means representations as to whether the order should be made. Before the Minister makes the order, the appropriate authority must consider— The Minister may make the order with or without modifications. Regulations under sub-paragraph (1D) may include provision as to the giving of reasons for decisions taken by the appropriate authority in cases where the representations procedure is followed. Expressions used in this paragraph and in paragraph 4 must be construed in accordance with paragraph 4.
The Minister may make a compulsory purchase order conditionally. The effect of making an order conditionally is that the order— The conditions and the time are to be specified by the Minister when making the order. The procedure to be followed in connection with the consideration and decision referred to in sub-paragraph (2)(a) is to be prescribed. The prescribed procedure must include provision for each relevant objector— and may include provision as to the giving of reasons for the decision by the Minister. In sub-paragraph (5), “relevant objector” means a person who made an objection to the draft order that—
The Minister may make an order (with or without modifications) so far as it relates to part of the land comprised in the draft order (the “relevant part”) if each of the conditions in sub-paragraph (2) is met. The conditions are— If there is a remaining objection in respect of the order, the Minister may only act under sub-paragraph (1) after the appropriate authority has complied with paragraph 4A(2) or (3) 4A(1A) or (1B) (as the case may be). But he may act under sub-paragraph (1) without the appropriate authority having complied with those provisions if he is satisfied that all remaining objections relate solely to the remaining part of the land. If the Minister acts under sub-paragraph (1)— The notices to be published, affixed and served under paragraph 6 must include a statement as to the effect of the direction given under sub-paragraph (5)(a). Expressions used in this paragraph and in paragraph 4 or 4A must be construed in accordance with paragraph 4 or 4A (as the case may be).
The order, as made by the Minister, shall not, unless all persons interested consent, authorise the Minister to purchase compulsorily any land which the draft order would not have authorised the Minister to purchase compulsorily if it had been made without modification.
After the order has been made, the Minister must— The notice under sub-paragraph (1)(b) must— Unless the order was made conditionally, The Minister must also publish a making notice— A making notice is a notice— In the case of a notice under sub-paragraph (3)(a), the requirement in sub-paragraph (4)(a) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise). If the appropriate authority is satisfied that, because of special circumstances, it is impracticable for the Minister to make the copies referred to in sub-paragraph (4)(c) available for inspection at an appropriate place, the appropriate authority may direct that the requirement in sub-paragraph (4)(c) is not to apply. If the order was made conditionally and the Minister decides under paragraph 4AA that the conditions have been met, the Minister must serve— on each person on whom a notice was required to be served under paragraph 3. Where sub-paragraph (4B) applies, the Minister must also— A fulfilment notice is a notice— A making notice or fulfilment notice must be in the prescribed form. The Minister must send the making notice , and any fulfilment notice, to the Chief Land Registrar and it each such notice shall be a local land charge.
describing the land,
stating that the order has been made, and
naming a place where a copy of the order as made and of the map referred to therein may be inspected at all reasonable hours,
Section 3.
A compulsory purchase order may, as respects all or any of the land to which the order relates, provide for the incorporation with the compulsory purchase order of— In this Schedule, unless the context otherwise requires— In this Schedule “underlying”, in relation to mines or minerals, means mines or minerals lying under, or within the prescribed distance from, the undertaking, and in this sub-paragraph “prescribed distance” means the distance prescribed by the compulsory purchase order, or if no distance is so prescribed, 40 yards. In this Schedule “the undertaking” means the undertaking which the acquiring authority is authorised to carry out by the enactment under which the purchase is authorised, but the compulsory purchase order may include such modifications of references in this Schedule to the undertaking as may be specified in the order. This Schedule has effect subject to section 10(3) of the Coal Industry Act 1994 (coal not to be alienated under enactments authorising compulsory purchase of land).
The acquiring authority shall not be entitled to any mines under the land comprised in the compulsory purchase order unless they have been expressly purchased, and all mines under the land shall be deemed to be excepted out of the conveyance of that land unless expressly named and conveyed. Sub-paragraph (1) above shall not apply to minerals necessarily extracted or used in the construction of the undertaking.
If the owner of any underlying mines or minerals desires to work them, he shall give the acquiring authority notice in writing of his intention to do so 30 days before the commencement of working. On receipt of the notice the acquiring authority may cause the mines to be inspected by a person appointed by them for the purpose. Subject to paragraph 4(1) below, if the acquiring authority consider that the working of the underlying mines or minerals is likely to damage the undertaking, and is willing to compensate the owner for all or any part of the mines, the owner shall not work or get them. If the acquiring authority and the owner do not agree on the amount of compensation the question shall be referred to and determined by the Upper Tribunal.
If before the expiration of 30 days from the receipt of notice under paragraph 3(1) above the acquiring authority do not state their willingness to treat with the owner for the payment of compensation the owner may work any of the underlying mines for which the acquiring authority has not agreed to pay compensation by proper methods and in the usual manner of working such mines in the district in question. If any damage or obstruction to the undertaking is caused by improper working of the underlying mines—
If underlying mines in which any protected minerals are situated extend on both sides of the undertaking, the owner of the mines may cut and make any communication works through the protected minerals required for the ventilation, drainage and working of the mines. The communication works shall not exceed the dimensions or sections prescribed by the compulsory purchase order, and where dimensions are not so prescribed, they shall not be more than eight feet high and eight feet wide. The communication works shall not be cut or made on any part of the undertaking, or so as to injure it or impede its use. In this paragraph—
If underlying mines extend on both sides of the undertaking, the acquiring authority shall from time to time pay to the owner of the mines (in addition to any compensation under paragraph 3 above) any expenses and losses incurred by him in consequence of— and for any minerals not purchased by the acquiring authority which cannot be obtained by reason of the making and maintenance of the undertaking. Any dispute as to the amount payable under this paragraph shall be determined by arbitration.
Where works carried out under paragraph 5 above cause loss or damage to the owner or occupier of land lying over the mines the acquiring authority shall pay full compensation to him for the loss or damage. This paragraph shall not apply where the person sustaining the loss or damage is the owner of the mines.
For the purpose of ascertaining whether underlying mines have been worked so as to damage the undertaking the acquiring authority may, after giving 24 hours notice in writing— For the said purpose the acquiring authority may make use of any apparatus or machinery belonging to the owner of the mines, and may use all necessary means for discovering the distance from the undertaking to the parts of the mines which are, or are about to be, worked. If the owner of the mines refuses to allow a person appointed by the acquiring authority for the purpose to enter the mines or works under this paragraph he shall be liable on summary conviction to a sum not exceeding £50.
If it appears that mines have been worked contrary to the provisions of this Schedule, the acquiring authority may give notice to the owner of the mines to construct such works and adopt such means as may be necessary or proper for making safe the undertaking, and preventing injury to it. If the owner of the mines does not comply with the notice, the acquiring authority may themselves construct the works, and may recover their expenses from the owner by proceedings in the High Court.
Section 28.
In this Schedule “right” means a right to which section 28(1) of this Act applies, or any right to which this Schedule is applied by any Act passed after this Act.
This Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition of a right as it applies to the compulsory acquisition of land, so that, in appropriate contexts, references in this Act to land are read as referring, or as including references, to the right acquired or to be acquired, or to land over which the right is, or is to be, exercisable, according to the requirements of the particular context. Without prejudice to the generality of sub-paragraph (1) above, Part II of this Schedule shall apply to the compulsory acquisition of a right in substitution for Part III of this Act.
This paragraph applies where the land over which a right is to be acquired by virtue of a compulsory purchase order includes land which has been acquired by statutory undertakers for the purposes of their undertaking and on a representation made to the appropriate Minister before the expiration of the time within which objections to the order can be made he is satisfied— and the representation is not withdrawn. The compulsory purchase order shall not be confirmed or made so as to authorise the compulsory purchase of a right over any land as to which the appropriate Minister is satisfied as aforesaid except land as to which he is satisfied that its nature and situation are such— and certifies accordingly.
This paragraph applies to land which— Subject to sub-paragraph (3) below, a compulsory purchase order shall, in so far as it authorises the compulsory purchase of rights over land to which this paragraph applies, be subject to special parliamentary procedure in any case where an objection to the compulsory purchase of the rights has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn. Sub-paragraph (2) above shall not apply to the compulsory acquisition of an interest in land where the person acquiring the interest is a local authority (as defined in sub-paragraph (4) below), an urban development corporation, a Mayoral development corporation...,. . . . . ., a Welsh planning board,any statutory undertakers or a Minister.
This paragraph applies to land belonging to the National Trust which is held by the Trust inalienably. A compulsory purchase order shall, in so far as it authorises the compulsory purchase of rights over land to which this paragraph applies, be subject to special parliamentary procedure in any case where an objection to the compulsory purchase of the rights has been duly made by the National Trust and has not been withdrawn. In this paragraph “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the National Trust Act 1907 or section 8 of the National Trust Act 1939.
In so far as a compulsory purchase order authorises the acquisition of a right over land forming part of a common, open space or fuel or field garden allotment, it shall be subject to special parliamentary procedure unless the Secretary of State is satisfied— and certifies accordingly. In the case of a compulsory purchase order under the Highways Act 1980 sub-paragraph (1)(c) above shall have effect as if after the words “extent” there were inserted the words “or the right is required in connection with the widening or drainage of an existing highway or in connection partly with the widening and partly with the drainage of such a highway”. Where it is proposed to give a certificate under this paragraph, the Secretary of State shall direct the acquiring authority togive public notice of his intention so to do, and— the Secretary of State may, after considering any representations and objections made and, if an inquiry has been held, the report of the person who held the inquiry, give the certificate. Notice under sub-paragraph (3) above shall be given in such form and manner as the Secretary of State may direct. A compulsory purchase order may provide for vesting land given in exchange as mentioned in sub-paragraph (1) above in the persons, and subject to the rights, trusts and incidents, therein mentioned, and except where the Secretary of State has given his certificate under sub-paragraph (1)(aa) above.for discharging the land over which any right is to be acquired from all rights, trusts and incidents to which it has previously been subject so far as their continuance would be inconsistent with the exercise of that right. In this paragraph—
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In the case of land falling within more than one of paragraphs 4 to 7 above, a compulsory purchase order shall be subject to special parliamentary procedure if required to be subject thereto by any of those paragraphs.
As soon as may be after the giving of a certificate under this Schedule, the acquiring authority shall publish— a notice in the prescribed form stating that the certificate has been given.
in one or more local newspapers circulating in the locality in which the land comprised in the order is situated , and
on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the certificate is given,
Section 34.
In the enactment specified in the Table below for “Acquisition of Land (Authorisation Procedure) Act 1946” or “said Act of 1946” substitute “ Acquisition of Land Act 1981 ”. In the Metropolitan Police Act 1886 (c. 22) section 4(11). In the Small Holdings and Allotments Act 1908 (c. 36) section 25(1). . . . In the Fire Services Act 1947 (c. 41) section 3(5). In the Agriculture Act 1947 (c. 48) . . . section 93(1)(b). . . . . . . In the Coast Protection Act 1949 (c. 74) section 14(1) and (3) section 27(3) and (6). . . . In the Prison Act 1952 (c. 52) section 36(2). In the Town Development Act 1952 (c. 54) section 6(4). In the Atomic Energy Authority Act 1954 (c. 32) sections 5(1) and 9(3). . . . In the Underground Works (London) Act 1956 (c. 59) section 6(6). . . . In the Caravan Sites and Control of Development Act 1960 (c. 62) section 24(6). In the Transport Act 1962 (c. 46) section 15(1), (3) and (4). . . . In the Agriculture Act 1967 (c. 22) section 51(7). . . . In the Leasehold Reform Act 1967 (c. 88) paragraph 3(4) of Schedule 4. . . . . . . section 55(1), (2) and (3). . . . . . . . . . In the Gas Act 1972 (c. 60) paragraph 3(1) of Schedule 2. In the Local Government Act 1972 (c. 70) section 121(4) . . . In the Slaughterhouses Act 1974 (c. 3) section 30(2). . . . . . . section 22(5). . . . . . .. . . . section 28(1). In the Refuse Disposal (Amenity) Act 1978 (c. 3) section 7. In the Ancient Monuments and Archaeological Areas Act 1979 (c. 46) section 10(2) section 16(9).
In section 2(1) of the Land Settlement Facilities Act 1919, as amended by Schedule 4 to the Acquisition of Land (Authoritisation Procedure) Act 1946, for “paragraph (3) of the Second Schedule to the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ section 11(1) of the Compulsory Purchase Act 1965 ”. This paragraph (like the said amendment by Schedule 4 to the said Act of 1946) shall not affect the application of the said section 2 in relation to the compulsory hiring of land or to an agreement to hire land.
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In section 14(2) of the Coast Protection Act 1949 for “paragraph 15 of the First Schedule to the said Act of 1946” substitute “ section 23(3) of the Acquisition of Land Act 1981 ”. In section 14(3) of the said Act of 1949 for “paragraph 15 of the First Schedule thereto”, in the first place where those words occur, substitute “ section 23(3) thereof ”.
In section 103 of the National Parks and Access to the Countryside Act 1949 before subsection (2) insert—.
For section 50 of the Housing Repairs and Rents Act 1954 substitute—
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The Opencast Coal Act 1958 shall be amended as follows. Before subsection (5) of section 4 insert—. In section 4(7) after “Lands Clauses Acts” insert “ and the Compulsory Purchase Act 1965 ”. Before subsection (5) of section 16 insert— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In paragraph 3(2) of Schedule 9 for “First Schedule to the Acquisition of Land Act or” substitute “ Acquisition of Land Act 1981 or Schedule 1 to ”.
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The Compulsory Purchase Act 1965 shall be amended as follows. For section 1(1) substitute— In section 11(1)— For section 30 substitute— In section 31 for “paragraph 3 of Schedule 1 to the Act of 1946” substitute “ section 12(3) of the Acquisition of Land Act. ” In section 32 for “Act of 1946” substitute “ Acquisition of Land (Authorisation of Procedure) Act 1946 ”. In Part II, in sections . . . , . . . , 37(1), and 38(1) for “Act of 1946” substitute “Acquisition of Land Act 1981” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 39(2) for “Act of 1946” substitute “ Acquisition of Land (Authorisation Procedure) Act 1946 ”.
The Agriculture Act of 1967 shall be amended as follows. In section 50(7) for “Part IV of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ Part IV of the Acquisition of Land Act 1981 ”. In Schedule 5 before paragraph 7 insert—.
Schedule 4 to the Leasehold Reform Act 1967 shall be amended as follows. In paragraph 4 for the words from “and the provisions” to the end of that paragraph substitute “ and the Acquisition of Land Act shall apply to a compulsory purchase under this paragraph ”. For paragraph 5(2) . . . substitute—.
In the Countryside Act 1968 paragraph 3 of Schedule 2 shall be amended as follows. In sub-paragraph (2) for “paragraph 3 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ section 11 or 12 of the Acquisition of Land Act 1981 ”. In sub-paragraph (3) for “paragraph 3 in the Act of 1946” substitute “ section 11 of the said Act of 1981 ”. In sub-paragraph (4)(a) for “the said paragraph 3 in the Act of 1946” substitute “ section 11 or 12 of the said Act of 1981 ”. In sub-paragraph (6) for “Paragraph 11 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ Section 19 of the Acquisition of Land Act 1981 ”.
Section 10 of the Transport Act 1968 shall be amended as follows. In subsection (3)— Substitute “ Acquisition of Land Act 1981 ”
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in sub-paragraph (2) for " paragraph 9 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946" substitute " sections 17 and 18 of the Acquisition of Land Act 1981 ",
in sub-paragraph (3) for "Act of 1946" substitute " Act of 1981 ".
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in subsection (2) for " Acquisition of Land (Authorisation Procedure) Act 1946" substitute " Acquisition of Land Act 1981 other than Part VI ".
in subsection (9)(a) for " Acquisition of Land (Authorisation Procedure) Act 1946 and to section 3 to that Act" substitute " Acquisition of Land Act 1981 and to Part VI of that Act ".
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in subsection (1) for " Section 1 of the Acquisition of Land (Authorisation Procedure) Act 1946" substitute " The Acquisition of Land Act 1981 ",
in subsection (2) for " Act of 1946 " substitute " Act of 1981 ".
In Schedule 2 to the Gas Act 1972 for paragraph 4 substitute—.
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in subsection (1) for "Acquisition of Land (Authorisation Procedure) Act 1946" substitute " Acquisition of Land Act ",
for subsection (3) substitute—.
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in subsection (1) for " Acquisition of Land (Authorisation Procedure) Act 1946 other than section 3" substitute " Acquisition of Land Act 1981 other than Part VI ",
in subsection (7)(a) for " Acquisition of Land (Authorisation Procedure) Act 1946 and to section 3 of that Act" substitute " Acquisition of Land Act 1981 and to Part VI of that Act ".
For subsection (5) of section 13 of the Local Government (Miscellaneous Provisions) Act 1976 substitute—
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1981 c. 65. The Acquisition of Land Act 1981. Section 20(1)(b). In Schedule 3 paragraph 7(1)(b).
The Local Government, Planning and Land Act 1980 shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 120(1) for “Acquisition of Land Acts” substitute “ Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ” and for “local authority” substitute “ regional, islands or district council ”. In section 142 after subsection (2) insert—. In section 142(5) for “1946 Act” substitute “ 1981 Act, and Schedule 3 to that Act shall apply to the compulsory purchase of a right by virtue of subsection (4) above ”. In section 143 after subsection (3) insert—. In section 144(2) for “1946 Act” substitute “ 1981 Act ”, and for “142(3) and 143(4)” substitute “ 142 and 143 ”. “the 1981 Act” means the Acquisition of Land Act 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 28—
The Highways Act 1980 shall be amended as follows. In section 238(2) for “Act of 1946” substitute “ Acquisition of Land Act 1981 ”. In section 246(4)(a) for “paragraph 3(1)(a) of Schedule 1 to the Act of 1946” substitute “ section 11 of the Acquisition of Land Act 1981 ”. In section 247 for subsection (2) to (4) substitute—. In section 247(5) for the words from “section 1(2)” to “Schedule 1 to that Act” substitute “ Part III of the Acquisition of Land Act 1981 ”. After section 250(3) insert—. In section 250(5) for paragraphs (a) and (b) substitute—. In section 254(1) (after paragraph (c), for the words from “notwithstanding” to “prevents” substitute “ nothing in Part III of, or Schedule 3 to, the Acquisition of Land Act 1981 shall prevent ”. In section 254(6) for “Act of 1946” substitute “ Acquisition of Land Act 1981 ”. In subsections (1), (2) and (4) of section 257 for “Schedule 1 to the Act of 1946” substitute “ Acquisition of Land Act 1981 ”. In section 258(1) for “Schedule 1 to the Act of 1946” substitute “ Part II of, or Schedule 1 to, the Acquisition of Land Act 1981 ”. In section 259(1)— In section 259(2) for the words from “paragraph 6” to “that Schedule” substitute “ section 15 of the Acquisition of Land Act 1981 or as the case may be paragraph 6 of Schedule 1 to that Act ”. In section 322(5)(a) for “Schedule 1 to the Act of 1946” substitute “ Part II of, or Schedule 1 to, the Acquisition of Land Act 1981 ”.
At the end of section 55(2) of the Animal Health Act 1981 add “ and the Acquisition of Land Act 1981 shall apply to a compulsory purchase under this section by such a local authority ”.
In section 72(2) of the New Towns Act 1981 for “section 6(3) of the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ section 9 of the Acquisition of Land Act 1981 ”.
Section 34.
This paragraph is without prejudice to section 17(2)(a) of the Interpretation Act 1978 as extended to the interpretation of subordinate legislation and instruments and documents by section 23(2) and (3) of that Act. Any document made, served or issued before the passing of this Act or at any time thereafter (whether before or after the commencement of this Act) and containing a reference to an enactment repealed by this Act shall, except in so far as a contrary intention appears, be construed as referring, or as the context requires, as including a reference, to the corresponding provision of this Act.
Any reference, whether express or implied, in any enactment, instrument or document (including this Act and any enactment amended by Schedule 4 to this Act) to, or to things done or falling to be done under or for the purposes of, any provision of this Act shall, if and so far as the nature of the reference permits, be construed as including, in relation to the circumstances or purposes in relation to which the corresponding provision in the enactments repealed by this Act has or had effect, a reference to, or as the case may be to things done or falling to be done under or for the purpose of, that corresponding provision.
Where a period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if the corresponding provision of this Act had been in force when that period began to run.
Any reference in this Act (whether express or implied) to a thing done by a Minister, or by a local authority, under a provision of this Act includes, except where the context otherwise requires, a reference to the corresponding thing done by a predecessor authority under the corresponding enactment repealed by this Act. In this paragraph “predecessor authority” means—
Section 1(1)(a) of this Act includes in particular a compulsory purchase “in relation to” which this Act applies or has effect by virtue of any enactment in which this Act substitutes a reference to this Act for a reference to the Acquisition of Land (Authorisation Procedure) Act 1946.
Section 17(3) and paragraph 4(3) of Schedule 3 above—
shall not apply where the notice of the making or preparation in draft of the compulsory purchase order was first duly published before 6th April 1976,
shall have effect, in relation to the period before 13th November 1980, as if the persons there mentioned included a development corporation as defined in section 3(1) of the New Towns Act 1981 and a joint Board established (in England) under section 2 of the Community Land Act 1975.
The repeal by this Act of section 3 of the Acquisition of Land (Authorisation Procedure) Act 1946 shall not affect any order under that section if— and Part VI of this Act shall not apply to the order.
it was made before 3rd August 1968, or
a notice relating to the order was published pursuant to subsection (2) of the said section 3 before that date,
Section 34.
Chapter Short Title Extent of Repeal 9 & 10 Geo. 6. c. 49. Acquisition of Land (Authorisation Procedure) Act 1946. The whole Act except sections 6(1) and 10 and Schedule 4. 10 & 11 Geo. 6 .c. 41. Fire Services Act 1947. In section 3(5) the words from “as if” to the end of the subsection. In section 8(3) the words “The Acquisition of Land (Authorisation Procedure) Act 1946 and” and the words “in the said Act of 1946 and”. 10 & 11 Geo. 6. c. 48. Agriculture Act 1947. In section 92(1) the words from “and that Act” to the end of the subsection. 10 & 11 Geo. 6. c. 51. The Town and Country Planning Act 1947. Section 49(8). In section 119(1) the definitions of “land” and “local authority”. In Schedule 8 the amendments of the Acquisition of Land (Authorisation Procedure) Act 1946. 10 & 11 Geo. 6. c. 54. Electricity Act 1947. In section 9, in subsection (1) the words from “as if” to the end of the subsection. 11 & 12 Geo. 6. c. 22. Water Act 1948. In the Schedule, in paragraph 8(1) the words from “the Act of 1946” to “and the expression”. 12, 13 & 14 Geo. 6. c. 67. Civil Aviation Act 1949. In section 19(2A) the words from “as if” to the end of the subsection. In section 23(3) the words from “as if” to the end of the proviso. 12, 13 & 14 Geo. 6. c. 74. Coast Protection Act 1949. In section 14(1) the words “as if this Act had been in force immediately before the commencement of that Act”. 12, 13 & 14 Geo. 6. c. 97. National Parks and Access to the Countryside Act 1949. In section 103 subsections (2) and (4) and in subsection (6) the words from “and the provisions” to the end of the subsection. 14 & 15 Geo. 6. c. 60. Minerals Workings Act 1951. In section 17(3) the words from “as if” to the end of the subsection. 15 & 16 Geo. 6 and 1 Eliz. 2. c. 52. Prison Act 1952. In section 36(2) the words from “as if” to the end of the subsection. 15 & 16 Geo. 6 and 1 Eliz. 2. c. 54. Town Development Act 1952. In section 6(4) the words from “as if” to the end of the subsection. 1953 c. 49. Historic Buildings and Ancient Monuments Act 1953. In section 20 paragraph (a). 2 & 3 Eliz. 2. c. 32. Atomic Energy Act 1954. In section 5(1) the words from “as if” to “commencement thereof”. 4 & 5 Eliz. 2. c. 16. Food and Drugs Act 1955. In section 130(3) the words from “as if” to the end of the subsection. 4 & 5 Eliz. 2. c. 59. Underground Works (London) Act 1956. In section 6(6) the words from “and that Act” to the end of the subsection. 5 & 6 Eliz. 2. c. 56. Housing Act 1957. In Schedule 1, in paragraph 1(1), the words “as if this Act had been in force immediately before the commencement of that Act”. In Schedule 7, in paragraph 1(1), the words “as if this Act had been in force immediately before the commencement of that Act”. 6 & 7 Eliz. 2. c. 69. Opencast Coal Act 1958. Section 4(5). Section 16(5). In section 47(2) the words from “(including” to “this Act)”. In section 51(1) the definition of “the Acquisition of Land Act”. In Schedule 2 Part I. In Schedule 10 paragraph 7. 8 & 9 Eliz. 2. c. 62. Caravan Sites and Control of Development Act 1960. In section 24(6) the words from “as if” to the end of the subsection. 9 & 10 Eliz. 2. c. 33. Land Compensation Act 1961. In Schedule 4 paragraphs 6 and 7. 10 & 11 Eliz. 2. c. 46. Transport Act 1962. In section 15, in subsection (1) the words from “as if” to “that Act”. 1963 c. 33. London Government Act 1963. In Schedule 17 paragraph 8. 1963 c. 38. Water Resources Act 1963. In section 65(3) the words from “and accordingly” to the end of the subsection. Section 71(5). In Schedule 8 paragraph 17. 1964 c. 48. Police Act 1964. In section 9(3) the words “and the Acquisition of Land (Authorisation Procedure) Act 1946”. 1965 c. 36. Gas Act 1965. In section 12(1) the words from “and Part I” to the end of the subsection. In section 13(2) the words from “and Part I” to the end of the subsection. In section 13(3) the words “and Part I of Schedule 4 to this Act shall apply in relation to the compulsory purchase”. In Schedule 4 paragraphs 1 and 2. 1965 c. 56. Compulsory Purchase Act 1965. In section 1, in subsection (2) and (3) the words “under the Act of 1946”. In Schedule 7 the amendment of the Agriculture Act 1947. 1967 c. 22. Agriculture Act 1967. In section 51(7) the words from “as if” to “commencement of that Act”. In Schedule 5, in paragraph 7(1) the words from “Acquisition of Land” where they first occur to “case may be”, paragraph 7(2) and in paragraph 7(3) the words from the beginning to “public local inquiries)”. 1967 c. 76. Road Traffic Regulation Act 1967. In section 30(1) the words from “as if” to “commencement of that Act”. 1968 c. 41. Countryside Act 1968. In Part I of Schedule 3 the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946 (that is, all between the entries relating to the Water Act 1945 and the Highways Act 1959). 1968 c. 72. Town and Country Planning Act 1968. Section 31. Section 59. 1969 c. 33. Housing Act 1969. In section 32(2) the words from “as if” to the end of the subsection. 1969 c. 48. Post Office Act 1969. In section 55(1) the words from “as if” to the end of the subsection. In Schedule 4, in paragraph 93 sub-paragraphs (1)(iv) and (2)(iv). 1971 c. 75. Civil Aviation Act 1971. In Schedule 5 paragraph 5(b). 1971 c. 78. Town and Country Planning Act 1971. In section 112(4) the words from “and accordingly” to the end of the subsection. In section 113(3) the words from “as it applies” to the end of the subsection. In section 114(5) the words from “and accordingly” to the end of the subsection. In section 218(2) the words from “and accordingly” to the end of the subsection. Section 229. In Schedule 23 the amendment of the Town and Country Planning Act 1968. 1972 c. 60. Gas Act 1972. In Schedule 2, in paragraph 5 the words “The Act of 1946 and”, and paragraphs 6 to 11. 1972 c. 70. Local Government Act 1972. In section 121(4) the words from “as if” to the end of the subsection. In section 125(4) the words from “as if that subsection” to “commencement of that Act”. 1973 c. 26. Land Compensation Act 1973. Section 64. 1974 c. 3. Slaughterhouses Act 1974. In section 30(2) the words from “as if” to the end of the subsection. 1974 c. 44. Housing Act 1974. In section 3(4) the words from “as if” (where they first occur) to the end of the subsection. In section 43(2) the words from “as if” to the end of the subsection. 1975 c. 56. Coal Industry Act 1975. In Schedule 3 paragraph 10. 1975 c. 64. Iron and Steel Act 1975. In section 9(1) the words from “as if” to the end of the subsection. 1975 c. 70. Welsh Development Agency Act 1975. In section 22(5) the words from “as if” to the end of the subsection. 1975 c. 78. Airports Authority Act 1975. In section 17(1) the words from “as if” to the end of the subsection. In section 19(1) the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946. 1976 c. 57. Local Government (Miscellaneous Provisions) Act 1976. In section 13, in subsection (2) the words from the beginning to “1946 and”, subsection (3)(a) and in subsection (3)(b) the words from “(which relates” to “Act of 1946)”. In Schedule 1 Part I. 1976 c. 70. Land Drainage Act 1976. In section 37(2) the words from “as if” to the end of the subsection. 1976 c. 75. Development of Rural Wales Act 1976. In section 6, in subsection (2) the words (following paragraph (b)) from “and for the purpose” to the end of the subsection, in subsection (6) the words from the beginning to “1946 and”, subsection (7)(a) and in subsection (7)(b) the words from “(which relates” to “Act of 1946)”. In Schedule 4 Part I. 1976 c. 80. Rent (Agriculture) Act 1976. In Schedule 8 paragraph 3. 1977 c. 42. Rent Act 1977. In Schedule 23 paragraph 11. 1978 c. 3. Refuse Disposal (Amenity) Act 1978. In section 7 the words from “as if” to the end of the section. 1979 c. 46. Ancient Monuments and Archaeological Areas Act 1979. In section 10(2) the words from “as it” to the end of the subsection. In section 16(9) the words from “as it” to the end of the subsection. 1980 c. 65. Local Government, Planning and Land Act 1980. In section 104(3) the words from “as if” to the end of the subsection. In section 120(1) in paragraph (a) the words from “6th April 1976” to “Scotland”, and in paragraph (b) the words from “the Peak” to “Planning Board”. In section 120(2) the words “the Act of 1946 or, as the case may be” and the words “the National Trust or”. In section 120(3), except for the definition of “statutory undertakers”, and in paragraph (b) of that definition the words “the Town and Country Planning Act 1971 or”. In section 120(5) the words “in section 2 of the New Towns Act 1965 or”. In section 142(3) the words “The 1946 Act and” and in paragraph (a) the words “the 1946 Act or (as the case may be)”. In section 143(4) the words “The 1946 Act and” and the words “the 1946 Act or (as the case may be)”. In Schedule 17, in paragraph 5 the entry (in both columns) for section 41 of the 1975 Act. In Schedule 20 paragraph 3. In Schedule 21 paragraph 14. In Schedule 23 paragraph 1. In Schedule 28 paragraph 3, in paragraph 21(1) the words “The 1946 Act and”, paragraph 21(2)(a) and paragraph 22. 1980 c. 66. Highways Act 1980. In section 250(4) the words “1946 and”. In section 329(1) the definition of the “the Act of 1946”. Section 340(2)(c). In Schedule 19 Part I. 1981 c. 22. Animal Health Act 1981. In section 55(3) the words “the Acquisition of Land (Authorisation Procedure) Act 1946 and”. 1981 c. 38. British Telecommunications Act 1981. In Schedule 3 paragraphs 10(1)(a) and 11(1)(a). The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).
Chapter Short Title Extent of Repeal 23 & 24 Geo. 5. c. 12. Children and Young Persons Act 1933. Section 96(5). 9 & 10 Geo. 6. c. 49. Acquisition of Land (Authorisation Procedure) Act 1946. In Schedule 4 the amendment of the Children and Young Persons Act 1933. 10 & 11 Geo. 6. c. 41. Fire Services Act 1947. In section 3(5) the proviso. 10 & 11 Geo. 6. c. 54. Electricity Act 1947. In subsections (1) and (2) of section 9 the words “(except section two thereof)”. 11 & 12 Geo. 6. c. 29. National Assistance Act 1948. Section 58. 12, 13 & 14 Geo. 6. c. 26. Public Works (Festival of Britain) Act 1949. Section 57(a). 12, 13 & 14 Geo. 6. c. 67. Civil Aviation Act 1949. In section 28(6) the words “except section 2 thereof”.
Chapter Short Title Extent of Repeal S.I. 1965/145. Transfer of Functions (Shipping and Construction of Ships) Order 1965. In Schedule 1 the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946. S.I. 1965/319. Secretary of State for Wales and Minister of Land and Natural Resources Order 1965. In Part I of Schedule 1 the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946. S.I. 1967/486. Transfer of Functions (Miscellaneous) Order 1967. In Schedule 2 the amendment of the Acquisition of Land (Authorisation Procedure) Act 1946. S.I. 1969/388. Transfer of Functions (Wales) Order 1969. Article 4(1)(c). S.I. 1970/1681. Secretary of State for the Environment Order 1970. In Schedule 2 paragraph 4. S.I. 1976/1775. Secretary of State for Transport Order 1976. In Schedule 2 paragraph 4.
Section 15A
Section 125 of the Local Government Act 1972 (compulsory acquisition of land on behalf of parish or community councils).
Section 21A(1)(c) and (2)(c) of the Welsh Development Agency Act 1975 (acquisition by Welsh Ministers of land in England for Welsh development purposes).
Section 142 of the Local Government, Planning and Land Act 1980 (acquisition by urban development corporation).
Section 17 of the Housing Act 1985 (acquisition by local housing authority).
Section 226 of the Town and Country Planning Act 1990 (acquisition by local authority for development or planning purposes).
Section 333ZA of the Greater London Authority Act 1999 (acquisition by Greater London Authority for housing or regeneration purposes).
Section 9 of the Housing and Regeneration Act 2008 (acquisition by the Homes and Communities Agency).
Section 207 of the Localism Act 2011 (acquisition by mayoral development corporation).
Paragraph 46 of Schedule 4 to the Health and Social Care (Community Health and Standards) Act 2003 (acquisition by NHS foundation trust).
Paragraph 27 of Schedule 4 to the National Health Service Act 2006 (acquisition by NHS trust).
In the National Health Service (Wales) Act 2006—
paragraph 20 of Schedule 2 (acquisition by local health board);
paragraph 27 of Schedule 3 (acquisition by NHS trust).
Section 530 of the Education Act 1996 (acquisition by local authority for purposes of educational institution or function).