Land Compensation Act 1973
Act partly in force at Royal Assent, Act wholly in force at 23.6.1973 see s. 89(2) Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(3)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 12(1) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(1)(a) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(1)(b) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(1)(c) Ss. 2(8), 4(6), 5(6), 6(7), 8(8), 10(5), 11(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(2)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(4)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 Words in s. 3(5) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 102 (with Sch. 5) Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(4)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words inserted by Airports Authority Act 1975 (c. 78), Sch. 5 Pt. II para. 5 Words inserted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 12(2) Words inserted by Civil Aviation Act 1980 (c. 60), s. 20(1)(a) Para. added by Civil Aviation Act 1980 (c. 60), s. 20(1)(b) Ss. 2(8), 4(6), 5(6), 6(7), 8(8), 10(5), 11(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 5(2) substituted (25.7.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1, 123:1), s. 31(4), Sch. 6 para. 5(1)(a) (as applied retrospectively by para. 5(2)) (with s. 84(5)) S. 5(3)(a)(b) repealed (25.7.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1, 123:1), ss. 31(4), 84(6), Sch. 6 para. 5(1)(b), Sch. 19 Pt. II (as applied retrospectively by para. 5(2)) (with s. 84(5)) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(2)(b)(iii) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(2)(c) S. 5(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 6(3) substituted (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(5)(a), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4) Words in s. 6(3) substituted (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(5)(b), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4) Ss. 2(8), 4(6), 5(6), 6(7), 8(8), 10(5), 11(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 8(4) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 40(1) (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2 Words repealed by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1 S. 8(4A) inserted by Local Land Charges Act 1975 (c. 76), s. 19, Sch.1 Ss. 2(8), 4(6), 5(6), 6(7), 8(8), 10(5), 11(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 10(2) and sidenote substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 13 (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2 Ss. 2(8), 4(6), 5(6), 6(7), 8(8), 10(5), 11(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 2(8), 4(6), 5(6), 6(7), 8(8), 10(5), 11(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(4)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 S. 12A inserted (1.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para.5; S.I. 1993/2134, art. 5(b). Words in s. 13(1) substituted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 20(a) (with s. 84(5)); S.I. 1991/2067, art.3 Words in s. 13(1) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 18(1); 2006 No. 2, Instrument made by Archbishops Words in s. 13(1) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 18(1); 2006 No. 2, Instrument made by Archbishops Words in s. 13(2) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 18(2); 2006 No. 2, Instrument made by Archbishops Words in s. 13(2) added (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 20(b) (with s. 84(5)); S.I. 1991/2067, art.3 S. 14 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. XII Words in s. 16(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 103 (with Sch. 5) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(4)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words substituted by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(4)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Ss. 18(2), 19(4) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 Pt. II para. 51(a) Words in pargaraph (a) of the definition of the “appropriate highway authority” in s. 19(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 40(2)(a) (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2); S.I. 1996/396, art. 4, Sch. 2 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 Pt. II para. 51(b) Words in paragraph (b) of the definition of the “appropriate highway authority” in s. 19(1) inserted (1.4.1996) by S.I. 1996/525, art. 3, Sch. Pt. I para. 1 Definition repealed by Local Government, Planning and Land Act 1980 (c. 65), s. 112(5)(9), Sch. 34 Pt. XII except in cases where the relevant date was more than 3 years before 13.11.1980 Definition inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(5)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Highways Act 1980 (c. 66), Sch. 24 para. 23(a) Definitions repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II S. 19(2A) inserted by Local Government, Planning and Land Act 1980 (c. 65) s. 112(6)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words repealed by Local Government, Planning and Land Act 1980 (c. 65), s. 112(8)(9), Sch. 34 Pt. XII except in cases where the relevant date was more than 3 years before 13.11.1980 Ss. 18(2), 19(4) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words inserted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), Sch. 13 para. 29(a) S. 20(10) repealed by Highways Act 1980 (c. 66), Sch. 25 S. 20(11) repealed by Rent Act 1977 (c. 42), s. 155(5), Sch. 25 Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), Sch. 13 para. 29(b) S. 20A inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 5(1)(2) (with s. 84(5)); S.I. 1991/2067, art. 3. S. 21 repealed by Airports Authority Act 1975 (c. 78), Sch. 6 Ss. 22–25 repealed by Highways Act 1980 (c. 66), Sch. 25 Words in s. 26(2) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 21(a)(with s. 84(5)); S.I. 1991/2067, art. 3. S. 26(2A)(2B) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 62(1)(with s. 84(5)); S.I. 1991/2607,art. 3. Words in s. 26(5) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 21(b)(with s. 84(5)); S.I. 1991/2607, art. 3. Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(3) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 28(5), 31 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 29(1)(b) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 3(2)(a); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) Words inserted by Housing Act 1974 (c. 44) , s. 130 , Sch. 13 para. 38(1)(b) S. 29(1)( d ) substituted by Housing (Consequential Provisions) Act 1985 (c. 71) , s. 4 , Sch. 2 para. 24(2) ( b ) Words in s. 29(1)(d) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 4 (with art. 6, Sch. 3) Words in s. 29(1)(d) substituted (1.10.1996) by S. I 1996/2325, art. 5(1), Sch. 2 para. 3(2) S. 29(1)(e) inserted by Housing and Planning Act 1986 (c. 63, SIF 61) , s. 9(3) (a) S. 29(1)(f) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 7(2)(a)(i) Words in s. 29(1) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 111(2), 118(5)(e) (with ss. 111(6)(7), 116) Paras. (i) to (iv) substituted for words by Housing Act 1974 (c. 44) , s. 130 , Sch. 13 para. 38(1)(c) Words in s. 29(1)(ii) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 3(2)(b); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) Word following s. 29(1)(iii) repealed (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067 , art. 4 ) by Planning and Compensation Act 1991 (c. 34, SIF 28:1) , ss. 70 , 84(6) , Sch. 15 para. 22(2)(b) , Sch. 19 Pt. III (with s. 84(5) ); S.I. 1991/2067 , art. 3 Word in s. 29(1) inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067 , art. 4 ) by Planning and Compensation Act 1991 (c. 34, SIF 28:1) , s. 70 , Sch. 15 para. 22(2)(c) (with s. 84(5) ); S.I. 1991/2067 , art. 3 . S. 29(1)(v) inserted by Housing and Planning Act 1986 (c. 63, SIF 61) , s. 9(3) ( b ) Words in s. 29(1)(v) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 7(2)(a)(ii) Word in s. 29(1)(v) inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067 , art. 4 ) by Planning and Compensation Act 1991 (c. 34, SIF 28:1) , s. 70 , Sch. 15 para. 22(2)(d) (with s. 84(5) ); S.I. 1991/2067 , art. 3 . S. 29(2) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34) , s. 68(1)(9) (with s. 84(5) ); S.I. 1991/2067 , art. 3 . S. 29(3A) inserted by Housing Act 1974 (c. 44) , s. 130 , Sch. 13 para. 38(2) Words in s. 29(3A) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 3(3); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) S. 29(3B) inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5) , Sch. 7 para. 7(2) (with s. 111 , Sch. 7 para. 7(5) ); S.I. 2004/2593 , art. 2(d) S. 29(4)(b) substituted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067 , art. 4 ) by Planning and Compensation Act 1991 (c. 34, SIF 28:1) , s. 70 , Sch. 15 para. 22(4)(a) (with s. 84(5) ); S.I. 1991/2067 , art. 3 . S. 29(4)(c) repealed by Land Compensation (Scotland) Act 1973 (c. 56) , Sch. 2 Pt. I S. 29(4)(e) substituted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067 , art. 4 ) by Planning and Compensation Act 1991 (c. 34, SIF 28:1) , s. 70 , Sch. 15 para. 22(4)(b) (with s. 84(5) ); S.I. 1991/2067 , art. 3 . Word in s. 29(4)(e) omitted (12.2.1997) by virtue of S.I. 1997/74 , art. 2 , Sch. para. 1 S. 29(4)(e)(iv) and word immediately preceding it inserted (12.2.1997) by S.I. 1997/74 , art. 2 , Sch. para. 1 Word in s. 29(4)(e) omitted (W.) (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 7(2)(b)(i) S. 29(4)(e)(v)(vi) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 7(2)(b)(ii) S. 29(5) repealed (25.09.1991) by Planning and Compensation Act 1991 (c. 34), ss. 68(2)(9) , 84(6) , Sch. 19 Pt. III (with s. 84(5)); S.I. 1991/2067 , art. 3 S. 29(7) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 3(4); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) S. 29(7A) inserted by Housing Act 1974 (c. 44) , s. 130 , Sch. 13 para. 38(3) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 29A heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(4); S.I. 2005/3175, art. 2(1), Sch. 1 S. 29A inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 69 (with s. 84(5)); S.I. 1991/2067, art. 3. Words in s. 29A(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(2)(a); S.I. 2005/3175, art. 2(1), Sch. 1 Words in s. 29A(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(2)(b); S.I. 2005/3175, art. 2(1), Sch. 1 Words in s. 29A(2)(a) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 48(2) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(b) Words in s. 29A(2)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(3); S.I. 2005/3175, art. 2(1), Sch. 1 S. 30 substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(3)(9) (with s. 84(5)); S.I. 1991/2067, art. 3. Words in s. 30(3)(a) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 113(6), 118(5)(g)(i) (with s. 116) Words in s. 30(3) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 104 (with Sch. 5) Ss. 28(5), 31 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 32(1)-(3A) substituted (25.09.1991) for s. 32(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(4)(9) (with s. 84(5)); S.I. 1991/2067, art. 3. Words substituted by Local Government, Planning and Land Act 1980 (c. 65) s. 114(3)(6) except in cases where the date of displacement was more than 6 months before 13.11.1980 Words in s. 32(4) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(5)(9)(with s. 84(5)); S.I. 1991/2067, art. 3 Words in s. 32(5) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(6)(9) (with s. 84(5)); S.I. 1991/2067, art. 3. Words in s. 32(7)(7B) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(7)(9) (with s. 84(5)); S.I. 1991/2067, art. 3. S. 32(7A) inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 114(4)(6) except in cases where the date of displacement was more than 6 months before 13.11.1980 S. 32(7B) inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 9(4) Words in s. 32(7B)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 5 (with art. 6, Sch. 3) Words in s. 32(7B)(b) repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 5 Words in s. 32(7B) substituted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 23 (with s. 84(5)); S.I. 1991/2067, art. 3. S. 32(7C) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 7(3) S. 32(8) repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt XII S. 32(9) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 32A inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 111(3), 118(5)(e) (with ss. 111(6)(7), 116) Word in s. 33(1) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 111(4)(a), 118(5)(e) (with ss. 111(6)(7), 116) Words in s. 33(2) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(a)(9)(with s. 84(5)); S.I. 1991/2067, art.3 Words in s. 33(3) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(b)(9) (with s. 84(5)); S.I. 1991/2067, art. 3. S. 33(4) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(c)(9) (with s. 84(5)); S.I. 1991/2067, art. 3. S. 33(5)(a) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(d)(9) (with s. 84(5)); S.I. 1991/2067, art.3. Words in s. 33(5)(c) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(d)(9) (with s. 84(5)); S.I. 1991/2067,art. 3. Word in s. 33(6) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 111(4)(b), 118(5)(e) (with ss. 111(6)(7), 116) S. 33A and cross-heading inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 106 (with s. 106(2)(3)); S.I. 2004/2593, art. 2(a) S. 33A(1A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(2)(a), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33A(2) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(2)(b), 118(5)(e) (with ss. 110(5)(6), 116) S. 33A(4)(b) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 10; S.I. 2016/733, reg. 3(j) Words in s. 33A(4)(e) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 105 (with Sch. 5) Words in s. 33A(6) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 113(7), 118(5)(g)(i) (with s. 116) Ss. 33B-33C inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 107 (with s. 107(2)(3)); S.I. 2004/2593, art. 2(a) S. 33B(1A)(1B) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(a), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33B(2) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(b), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33B(3) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(c), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33B(5) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 113(8), 118(5)(g)(i) (with s. 116) S. 33B(7A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(d), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33B(8) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(e), 118(5)(e) (with ss. 110(5)(6), 116) S. 33B(8A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(f), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33B(9) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(g), 118(5)(e) (with ss. 110(5)(6), 116) S. 33C(1A)(1B) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(a), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33C(2) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(b), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33C(3) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(c), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33C(5) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 113(9), 118(5)(g)(i) (with s. 116) S. 33C(7A)(7B) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(d), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33C(8) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(e), 118(5)(e) (with ss. 110(5)(6), 116) S. 33C(9A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(f), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33C(10) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(g)(i), 118(5)(e) (with ss. 110(5)(6), 116) Word in s. 33C(10) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(g)(ii), 118(5)(e) (with ss. 110(5)(6), 116) S. 33C(11) omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(h), 118(5)(e) (with ss. 110(5)(6), 116) S. 33D inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 108 (with s. 108(2)); S.I. 2004/2593, art. 2(a) S. 33D(4)(b)(c) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 4(2); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) Words in s. 33D(4)(d) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 17 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d) S. 33D(5) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 4(3); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) S. 33D(6)(6A) substituted for s. 33D(6) (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 111(5), 118(5)(e) (with ss. 111(6)(7), 116) Ss. 33E-33K inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 109; S.I. 2004/2593, art. 2(a) Words in s. 33I(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 106 (with Sch. 5) Ss. 34-36 repealed (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 7(3), 9 (with s. 111, Sch. 7 para. 7(5), 9); S.I. 2004/2593, art. 2(d)(e) S. 37(1)(b) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(2)(a); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) Words inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(1)(b) S. 37(1)(d) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(3)(b) Words in s. 37(1)(d) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 6 (with art. 6, Sch. 3) Words in s. 37(1)(d) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 3(3) Paras. (i) to (iv) substituted for words by Housing Act 1974 (c. 44), s.130, Sch. 13 para. 39(1)(d) Words in s. 37(1)(ii) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(2)(b); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) S. 37(2)(b)(ii) repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 31 Word in s. 37(2)(c) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(3); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) S. 37(2)(d) added by Housing Rents and Subsidies Act 1975 (c. 6), s. 17(4), Sch. 5 para. 10(b) and continued by virtue of Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(3)(d) Words repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I Words substituted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(2) Words in s. 37(3) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(4); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) S. 37(3A) inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(3) Words in s. 37(3A) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(5); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 32(9), 34(7), 37(8), 41(11), 44(3), 46(8) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 37(9) repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(6), 16; S.I. 2006/1060, art. 2(1)(d)(e) (with Sch.); S.I. 2006/1535, art. 2(b)(c) (with Sch.) Word inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(4) Words in s. 38(3)(a) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 24 (with arts. 1(3), 3) Words in s. 38(3)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 31 Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 38(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 107 (with Sch. 5) S. 39(1)(b) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 6(2); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, arts. 1(2)(c), 2(b) (with art. 3, Sch.) Words inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 40(1) S. 39(1)(d) (which was inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 40(1)) repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(6) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words added by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 40(2) Words inserted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(4)(b) S. 39(4)(c) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 39(4)(d) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 17(2); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13) S. 39(4)(f) and (8)(d) repealed (1.10.1998) by 1998 c. 38 , s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4 S. 39(5) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I Word inserted by Housing Act 1974 (c. 44), s. 130, Sch, 13 para. 40(3) Words in s. 39(6) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34) , s. 270(4)(5)(f), Sch. 15 para. 6(3); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, arts. 1(2)(c), 2(b) (with art. 3, Sch.) S. 39(6A) inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 40(4) Words in s. 39(6A) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 6(4); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, arts. 1(2)(c), 2(b) (with art. 3, Sch.) S. 39(7) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 29(4)(c) Words in s. 39(8)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 17(3)(a); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13) Words in s. 39(8)(c) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 17(3)(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13) S. 39(8A) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I S. 39(9)(a): words in s. 39(9) renumbered as s. 39(9)(a) (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 17(4)(a); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 39(9) repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 6(5), Sch. 16; S.I. 2006/1060, art. 2(1)(d)(e) (with Sch.); S.I. 2006/1535, arts. 1(2)(c), 2(b) (with art. 3, Sch.) Word inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 40(7) S. 39(9)(b) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 17(4)(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13) Words in s. 39(9)(b)(i) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 3; S.I. 2012/57, art. 4(1)(aa) (with arts. 6, 7, 9-11) Ss. 32(9), 34(7), 37(8), 41(11), 44(3), 46(8) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(5)(a) Words inserted by Housing Act 1980 (c. 51), s. 138 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(5)(b) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(5)(c) S. 42(6) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(5)(d) Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 32(1)(2) Words substituted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 41(1) Words substituted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 41(2) Words substituted by Highways Act 1980 (c. 66), Sch. 24 para. 13(b) Words substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 14(1) Words inserted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 44(1) (with ss. 58(7), 101(1), 141(6), 153(1), 155, 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58) Words in s. 44(2) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para.23 S. 44(3) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(7)(a) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(7)(b) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(7)(c) Ss. 32(9), 34(7), 37(8), 41(11), 44(3), 46(8) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 47 substituted (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 35, 46(1); S.I. 2017/936, reg. 3(e) (with reg. 4) S. 48(1A) and words in s. 48(1) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 24 (with s. 37) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(2)(a) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(2)(b) Words substituted by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 13, Sch. 1 para. 6(2)(b) except in relation to notices to quit given before 7.4.1978: and Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 14 and continued by virtue of Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(2) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(3) S. 48(6A) inserted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(4) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), Sch. 3 para. 1 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), Sch. 12 para. 9(a) Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81(a), Sch. 12 para. 9(b) Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81(a), Sch. 12 para. 9(b) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(8) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 52(1)-(1B) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(2)(a), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) S. 52(2)(2A) substituted for s. 52(2) (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 194(2), 216(3); S.I. 2018/251, reg. 4(e) (with reg. 6) S. 52(4)(4ZA) substituted for s. 52(4) (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(2)(b), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) Word in s. 52(4)(b) omitted (6.4.2018) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 38(2)(a)(i), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) S. 52(4)(b)(iii) and word inserted (6.4.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 38(2)(a)(ii), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) Word in s. 52(4ZA)(b) omitted (6.4.2018) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 38(2)(b)(i), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) S. 52(4ZA)(b)(iii) and word inserted (6.4.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 38(2)(b)(ii), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) S. 52(4A)(5) substituted for s. 52(5) (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 63(1) (with s. 84(5)); S.I. 1991/2067, art. 3. S. 52(5) omitted (6.4.2018) by virtue of Housing and Planning Act 2016 (c. 22), ss. 197(3), 216(3); S.I. 2018/251, reg. 4(h) (with reg. 6) S. 52(6) substituted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 104(2)(b); S.I. 2004/2593, art. 2(a) Word substituted by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1 Words in s. 52(8) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 40(3) (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2 Words inserted by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1 Words repealed by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1 S. 52(8A) inserted by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1 Words substituted by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1 Word in s. 52(9) omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 33 (with Sch. 5 Pt. 4) Words in s. 52(9) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 197(4), 216(3); S.I. 2018/251, reg. 4(h) (with reg. 6) Words in s. 52(10) repealed (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), ss. 70, 84(6), Sch. 15 para. 24(b), Sch. 19 Pt. III (with s. 84(5)); S.I. 1991/2067, art. 3. S. 52(11) omitted (6.4.2018) by virtue of Housing and Planning Act 2016 (c. 22), ss. 195(2)(c), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) S. 52(13) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 52AZA inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 197(5), 216(3); S.I. 2018/251, reg. 4(h) (with reg. 6) Ss. 52ZA-52ZC inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 104(3); S.I. 2004/2593, art. 2(a) S. 52ZA(1) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(3), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) S. 52ZB(1) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(4)(a), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) Words in s. 52ZB(9)(c) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(4)(b), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) S. 52ZC(2) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 194(3), 216(3); S.I. 2018/251, reg. 4(e) (with reg. 6) S. 52ZC(3A)(3B) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(5)(a), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) Word in s. 52ZC(3A)(b) omitted (6.4.2018) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 38(3)(a)(i), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) S. 52ZC(3A)(b)(iii) and word inserted (6.4.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 38(3)(a)(ii), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) Word in s. 52ZC(3B)(b) omitted (6.4.2018) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 38(3)(b)(i), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) S. 52ZC(3B)(b)(iii) and word inserted (6.4.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 38(3)(b)(ii), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) Words in s. 52ZC(4) omitted (6.4.2018) by virtue of Housing and Planning Act 2016 (c. 22), ss. 195(5)(b), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) Words in s. 52ZC(7)(c) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 11; S.I. 2016/733, reg. 3(j) Words in s. 52ZC(10)(c) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 108 (with Sch. 5) S. 52ZD inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 194(4), 216(3); S.I. 2018/251, reg. 4(e) S. 52ZE inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 198, 216(3); S.I. 2018/251, reg. 4(i) (with reg. 6) S. 52A inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 63(2) (with s. 84(5)); S.I. 1991/2067, art. 3. Words in s. 52A(1) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 12(a); S.I. 2016/733, reg. 3(j) S. 52A(2)(2A) substituted for s. 52A(2) (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 104(4); S.I. 2004/2593, art. 2(a) Words in s. 52A(2) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 196(2)(a), 216(3); S.I. 2018/251, reg. 4(g) (with reg. 6) Words in s. 52A(9) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 12(b); S.I. 2016/733, reg. 3(j) S. 52B inserted (6.4.2017 for specified purposes) by Housing and Planning Act 2016 (c. 22), ss. 196(3), 216(3); S.I. 2017/281, reg. 4(k) Words inserted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(9)(a) Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), ss. 3, 4, Sch. 1 Pt. I, Sch. 2 para. 29(9)(b) Words substituted by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 16(1), Sch. 3 para. 1 Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 54(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 109 (with Sch. 5) Words in s. 54(3) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 109 (with Sch. 5) Words in s. 54(6)(b) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 109 (with Sch. 5) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 56(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 110 (with Sch. 5) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 54(2) Words in s. 56(3)(d) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 110 (with Sch. 5) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 54(3) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 57(1) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 13; S.I. 2016/733, reg. 3(j) Words substituted by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 16(1), Sch. 3 para. 1 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81(a), Sch. 12 para. 10 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(7) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 58(1) omitted (3.2.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 17 para. 5(a); S.I. 2017/75, reg. 3(g) (with reg. 5) Words repealed by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 16(3), Sch. 5 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(10) Words in s. 58(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 111 (with Sch. 5) S. 58(2) omitted (3.2.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 17 para. 5(b); S.I. 2017/75, reg. 3(g) (with reg. 5) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 55(2)(a) Words in s. 59(1)(b)(ii) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 201(a) (with Sch. 3) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 55(2)(b) Words substituted by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), Sch. 1 para. 6(4)(d) except in relation to notices to quit given before 7.4.1978:and Agricultural Holdings (Notices to Quit) Act 1977 (c. 12 , s. 14 and continued by virtue of Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 55(2) S. 59(1A) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 201(b) (with Sch. 3) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 55(3) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 54(4) Words in s. 59(7) inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para.7 (with s. 84(5)); S.I. 1991/2067,art. 3. S. 59(8) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 61(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 202 (with Sch. 3) Words in s. 61(2) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 112 (with Sch. 5) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 64 repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 6 Pt. I Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 S. 73(2) repealed by Housing Act 1974 (c. 44), s. 130, Sch. 15 Ss. 68-82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1-6 Ss. 68-82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1-6 Ss. 75(2)(3), 77(1)(2), 82(2)(3) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 Ss. 75(2)(3), 77(1)(2), 82(2)(3) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 S. 78(5) repealed by Highways Act 1980 (c. 66), Sch. 25 Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 Ss. 75(2)(3), 77(1)(2), 82(2)(3) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I S. 83 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 84A inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 105(3), 118(5)(a) (with s. 116) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 56 Words substituted by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(11) Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 12(3) Definitions repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II Words in s. 87(1) repealed (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 7(4), 9 (with s. 111, Sch. 7 para. 7(5)); S.I. 2004/2593, art. 2(d)(e) Definition of “housing association” substituted for definitions of “housing association” and “registered” by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(9) Words in s. 87(1) repealed (with savings) (1.10.1996) by S.I. 1996/2325, art. 4(1)-(3), Sch. 1 Pt. I Words in s. 87(1) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 7(4) Definitions repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I s. 87(3) repealed by Highways Act 1980 (c. 66), Sch. 25 Words added by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II Schs. 1, 2 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Act applied (with modifications) (7.3.1995) by S.I. 1995/519, art. 23(3), Sch. 4 paras. 1, 2 (with art. 73) Act applied (with modifications) (18.12.1996) by 1996 c. 61, s. 4, Sch. 4 Pt. III paras. 8(2)(a), 9(9)(10) Act applied (with modifications) (10.2.1997) by S.I. 1997/264, art. 19(3), Sch. 7 paras. 1, 2 Act applied (with modifications) (21.5.1997) by S.I. 1997/1266, art. 26(3), Sch. 8 paras. 1, 2 (with art. 41) Act applied (with modifications) (3.6.1999) by S.I. 1999/1555, art. 5(4), Sch. 1 paras. 1, 2 Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 Act applied (with modifications) (20.1.1999) by S.I. 1999/2336, art. 14, Sch. 4 paras. 1, 2 Act applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 17(3), Sch. 7 paras. 1, 2 Act applied (with modifications) (2.3.2001) by S.I. 2001/1367, art. 9(3), Sch. 2 paras. 1, 2 Act applied (with modifications) (2.3.2001) by S.I. 2001/1368, art. 9(3), Sch. 3 paras. 1, 2 Act applied (with modifications) (2.3.2001) by S.I. 2001/1369, art. 6(3), Sch. 1 paras. 1, 2 Act applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 26(3), Sch. 7 paras. 1, 2 Act applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 6(3), Sch. 2 paras. 1, 2 Act applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 15(7), Sch. 2 paras. 1, 2 Act applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 21(3), Sch. 7 paras. 1, 2 Act applied (with modifications) (30.4.2002) by S.I. 2002/1064, art. 11, Sch. 2 para. 2 Act applied (with modifications) (30.4.2002) by S.I. 2002/1065, art. 11, Sch. 3 para. 2 Act applied (with modifications) (14.3.2002) by S.I. 2002/412, art. 18, Sch. 4 para. 2 Act applied (with modifications) (31.5.2002) by S.I. 2002/1327, art. 21, Sch. 4 para. 2 Act applied (with modifications) (30.4.2002) by S.I. 2002/1066, art. 23, Sch. 7 para. 2 Act modified (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), art. 1, Sch. 9 para. 2 (with art. 40) Act applied (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), Sch. 9 paras. 1, 2 (with art. 38) Act applied (with modifications) (2.4.2004) by Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), Sch. 8 paras. 1, 2 Act applied (with modifications) (19.11.2004) by Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), Sch. 3 para. 2 (with art. 38) Act applied (with modifications) (28.1.2005) by East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), Sch. 1 para. 2 Act applied (with modifications) (11.2.2005) by Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), Sch. 7 para. 2 (with arts. 65, 66) Act modified (22.3.2005) by Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), Sch. 7 para. 2 (with art. 51) Act modified (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), Sch. 6 para. 2 Act applied (with modifications) (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), Sch. 7 para. 2 Act applied (with modifications) (25.11.2005) by Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), Sch. 7 paras. 1, 2 (with arts. 3(5), 15(3)) Act applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), Sch. 7 paras. 1, 2 (with art. 52) Act modified (14.9.2006) by The Borough of Poole (Poole Harbour Opening Bridges) Order 2006 (S.I. 2006/2310), Sch. 3 para. 2 (with art. 40, Sch. 7 para. 12) Act applied (with modifications) (22.11.2006) by Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), Sch. 8 paras. 1, 2 (with art. 43) Act modified (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), Sch. 7 para. 2 (with arts. 34, 35(2)) Act modified (13.12.2006) by Luton Dunstable Translink Order 2006 (S.I. 2006/3118), Sch. 7 para. 2 Act modified (19.3.2007) by Ouseburn Barrage Order 2007 (S.I. 2007/608), Sch. 4 para. 2 (with arts. 46-48, Sch. 6 para. 23) Act modified (23.8.2007) by Docklands Light Railway (Capacity Enhancement andd 2012 Games Preparation) Order 2007 (S.I. 2007/2297), Sch. 6 para. 2 (with arts. 3(6), 12(3)) Act modified (17.12.2007) by Felixstowe Dock and Railway Company (Land Acquisition) Order 2007 (S.I. 2007/3345), Sch. 1 para. 2 Act applied (with modifications) (21.5.2008) by Teesport (Land Acquisition) Order 2008 (S.I. 2008/1238), Sch. 1 para. 2 Act applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 6 paras. 6(2), 7 Act modified (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), Sch. 6 para. 2 (with art. 36(3)) Act modified (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), Sch. 7 para. 2 (with Sch. 13 para. 14(2), 14 para. 19) Act modified (18.9.2009) by London Underground (Victoria Station Upgrade) Order 2009 (S.I. 2009/2364), Sch. 5 para. 2 Act modified (28.10.2009) by Network Rail (Reading) (Land Acquisition) Order 2009 (S.I. 2009/2728), Sch. 2 para. 2 Act modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), Sch. 6 para. 2 Act modified (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), Sch. 6 para. 2 (with art. 51, Sch. 10 paras. 68, 85) Act modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), Sch. 8 para. 2 Act modified (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), Sch. 3 para. 2 (with arts. 46-48, Sch. 8 para. 18) Act modified (12.8.2012) by The Hinkley Point (Temporary Jetty) (Land Acquisition) Order 2012 (S.I. 2012/1924), Sch. 1 para. 2 Act modified (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), Sch. 5 para. 2 (with art. 26(2)) Act modified (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), Sch. 9 para. 2(1) (with art. 35(2)) Act modified (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), Sch. 10 para. 2 (with art. 42(2)) Act applied (with modifications) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), Sch. 11 para. 2 (with arts. 48, 68, 79, 83) Act applied (with modifications) (16.4.2013) by The Network Rail (Pont Briwet) (Land Acquisition) Order 2013 (S.I. 2013/767), Sch. 1 para. 2(2) (with arts. 20, 21) Act applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), Sch. 5 para. 2 Act modified (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I. 2013/1933), Sch. 8 para. 2 Act modified (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), Sch. 5 para. 2 (with arts. 42, 43) Act modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), Sch. 9 para. 2 Act modified (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), Sch. 7 para. 2 (with arts. 27(2), 39, Sch. 10 para. 4) Act modified (9.1.2014) by The National Grid (King’s Lynn B Power Station Connection) Order 2013 (S.I. 2013/3200), Sch. 3 para. 2 Act modified (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), Sch. 6 para. 2 (with arts. 57, 58, Sch. 11 para. 19) Act modified (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), Sch. 3 para. 2 Act modified (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), Sch. 8 para. 2 (with art. 34(2)) Act modified (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), Sch. 10 para. 2 Act applied (with modifications) (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), art. 17(4), Sch. 7 para. 2 (with arts. 37, 38, Sch. 9 para. 19) Act applied (with modifications) (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), Sch. 8 para. 2 (with arts. 12, 13, Pt. 2 para. 6, 3 para. 5, 4 para. 4, 5 para. 4, Sch. 12 para. 19) Act applied (with modifications) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), Sch. 5 para. 2 (with art. 31(2)) Act applied (with modifications) (18.9.2014) by The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 (S.I. 2014/2269), Sch. 6 para. 2 Act modified (28.11.2014) by The Walney Extension Offshore Wind Farm Order 2014 (S.I. 2014/2950), Sch. 7 para. 2 (with arts. 38, 39) Act modified (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), Sch. 3 para. 2 (with Sch. 8 para. 45) Act modified (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I. 2014/3331), Sch. 6 para. 2 (with arts. 37, 38) Act applied (with modifications) (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), Sch. 7 para. 2 Act modified (2.2.2015) by The Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015 (S.I. 2015/23), Sch. 11 para. 2 Act modified (25.2.2015) by The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015 (S.I. 2015/129), Sch. 6 para. 2 Act modified (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), Sch. 6 para. 2(1) (with arts. 40, 41, Pt. 2 para. 4(2), (3), 19, 4 para. 3, 4, 16, Sch. 12 paras. 4, 9(2), 10) Act modified (1.4.2015) by The Knottingley Power Plant Order 2015 (S.I. 2015/680), Sch. 6 para. 2 (with Sch. 8 para. 10) Act applied (with modifications) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), Sch. 9 para. 2 (with art. 36(2)) Act applied (with modifications) (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), Sch. 2 para. 2 Act applied (with modifications) (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), Sch. 11 para. 2 Act applied (with modifications) (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), Sch. 5 para. 2 (with arts. 51, 53) Act applied (with modifications) (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), Sch. 7 para. 2 Act applied (with modifications) (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), Sch. 5 para. 2 (with arts. 20(6), 30) Act modified (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), Sch. 6 para. 2 (with arts. 40, 41) Act applied (30.9.2015) by The Network Rail (Blackthorn and Piddington) (Land Acquisition) Order 2015 (S.I. 2015/1684), Sch. 1 para. 2 Act applied (with modifications) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), Sch. 4 para. 2 Act modified (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), Sch. 3 para. 2 (with art. 26, Sch. 3 para. 1) Act modified (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), Sch. 6 para. 2 Act applied (with modifications) (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), Sch. 14 para. 2 Act modified (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), art. 22, Sch. 10 para. 2 (with art. 32) Act applied (with modifications) (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), Sch. 6 para. 2 (with art. 37) Act applied (with modifications) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), Sch. 6 para. 2 (with art. 39) Act modified (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), Sch. 6 para. 2 (with arts. 4, 5(3)) Act applied (with modifications) (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), Sch. 2 para. 2 (with art. 39) Act applied (with modifications) (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), Sch. 5 para. 2 (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2)) Act applied (with modifications) (2.8.2016) by The Meaford Gas Fired Generating Station Order 2016 (S.I. 2016/779), arts. 1, 8, 18(3), Sch. 3 para. 2 Act applied (with modifications) (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), Sch. 3 para. 2 (with arts. 35, 36) Act applied (with modifications) (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), Sch. 7 para. 2 (with art. 35) Act applied (with modifications) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), Sch. 6 para. 2 (with arts. 37, 38) Act applied (with modifications) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), Sch. 11 para. 2 (with art. 43) Act applied (with modifications) (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), Sch. 6 para. 2 Act applied (with modifications) (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), Sch. 6 para. 2 (with arts. 39, 40, Sch. 8 para. 19) Act applied (with modifications) (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), Sch. 5 para. 2 (with arts. 43, 44) Act applied (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), Sch. 9 paras. 1, 2(9) Act applied (with modifications) (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), Sch. 11 para. 2 Act applied (with modification) (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), Sch. 7 para. 2 Act modified (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), Sch. 10 para. 2 (with art. 22) Act applied (with modifications) (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), Sch. 6 para. 2(1) (with arts. 36, 37, Sch. 8 para. 34) Act applied (with modifications) (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), Sch. 3 para. 2 (with Sch. 8 para. 20) Act applied (with modifications) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), Sch. 7 paras. 1, 3 (with art. 32(2)) Act applied (with modifications) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), art. 1, Sch. 3 paras. 1, 2 (with arts. 55-57, Sch. 8 para. 13) Act modified (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), Sch. 4 para. 3 (with arts. 58, 59) Act modified (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), Sch. 6 para. 3 (with arts. 24(8), 33(2)) Act modified (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), Sch. 5 para. 3 Act modified (4.6.2018) by The Network Rail (Kings Mill No. 1 Level Crossing) (Land Acquisition and Closure) Order 2018 (S.I. 2018/571), Sch. 2 para. 3 Act modified (28.6.2018) by The High Speed Rail (London West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018 (S.I. 2018/693), Sch. 6 para. 3 Act applied (with modifications) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), Sch. 9 para. 3 (with art. 31(2)) Act applied (with modifications) (26.9.2018) by The Network Rail (Felixstowe Branch Line Improvements Level Crossings Closure) Order 2018 (S.I. 2018/937), Sch. 8 para. 3 Act applied (with modifications) (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), Sch. 9 para. 2 (with arts. 6, 42) Act modified (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), art. 1, Sch. 5 para. 3 (with arts. 55, 56) Act modified (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), art. 1, Sch. 8 para. 2 Act applied (with modifications) (7.5.2019) by The Midland Metro (Birmingham City Centre Extension, etc.) (Edgbaston Extension Land Acquisition) Order 2019 (S.I. 2019/882), arts. 1, 7, Sch. 2 para. 3 (with arts. 12, 18) Act modified (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), art. 1, Sch. 8 para. 2 Act modified (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), art. 1, Sch. 9 para. 2 Act modified (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), art. 1, Sch. 12 para. 3 (with Sch. 13 Pt. 1 para. 19) Act modified (25.2.2020) by The Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020 (S.I. 2020/114), art. 1, Sch. 13 para. 3 (with art. 37(2)) Act modified (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), art. 1, Sch. 6 para. 3 (with art. 3(1)) Act modified (4.3.2020) by The Midland Metro (Birmingham Eastside Extension) Order 2020 (S.I. 2020/141), , art. 1, Sch. 5 para. 3 (with arts. 47, 48, Sch. 10 para. 19) Act modified (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), art. 1, Sch. 4 para. 2 (with art. 7) Act modified (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development Consent Order 2020 (S.I. 2020/402), art. 1, Sch. 6 para. 3 (with arts. 5, 44) Act applied (with modifications) (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), art. 1, Sch. 8 para. 2 (with art. 7) Act modified (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), art. 1, Sch. 7 para. 3 (with arts. 51, 57) Act modified (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), art. 1, Sch. 12 para. 3 Act modified (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), art. 1, Sch. 6 para. 3 (with arts. 5, 44) Act modified (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), art. 1, Sch. 6 para. 2 (with art. 37) Act modified (22.7.2020) by The Norfolk Vanguard Offshore Wind Farm Order 2020 (S.I. 2020/706), art. 1, Sch. 7 para. 2 (with arts. 41, 42, Sch. 16 para. 66) Act modified (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), Sch. 7 para. 2 (with Sch. 9 para. 144) Act modified (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), Sch. 7 para. 3 Act modified (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), Sch. 6 para. 3 (with art. 32, Sch. 9 para. 36) Act modified (31.12.2020) by The Network Rail (Cambridgeshire Level Crossing Reduction) Order 2020 (S.I. 2020/1485), Sch. 14 para. 3 Act modified (19.1.2021) by The Network Rail (Suffolk Level Crossing Reduction) Order 2020 (S.I. 2020/1663), Sch. 8 para. 3 Act modified (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), Sch. 7 para. 2 (with arts. 40, 41, Sch. 9 Pt. 5 para. 18) Act modified (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I. 2021/74), art. 1, Sch. 7 para. 3 (with art. 5, Sch. 27 para. 36) Act applied (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 9 paras. 1, 2(10) Act modified (19.2.2021) by The A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (S.I. 2021/125), Sch. 6 para. 3 (with arts. 4, 47) Act modified (16.4.2021) by The Network Rail (Chart Leacon) Order 2021 (S.I. 2021/419), Sch. 1 para. 3 Act modified (1.9.2021) by The Network Rail (Teddington Station Access for All) Order 2021 (S.I. 2021/937), Sch. 5 para. 3 Act modified (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), art. 1, Sch. 7 para. 3 (with arts. 15, 50, Sch. 11 para. 29) Act applied (with modifications) (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), art. 1, Sch. 7 para. 2 (with arts. 41, 42, Sch. 17 para. 66) Act applied (with modifications) (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), art. 1, Sch. 7 para. 2 (with arts. 41, 42, Sch. 16) Act applied (with modifications) (10.3.2022) by The Thurrock Flexible Generation Plant Development Consent Order 2022 (S.I. 2022/157), art. 1, Sch. 7 para. 3 (with Sch. 8 Pt. 6 para. 19) Act modified (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), art. 1, Sch. 4 para. 3 (with art. 55) Act applied (with modifications) (22.4.2022) by The East Anglia TWO Offshore Wind Farm Order 2022 (S.I. 2022/433), arts. 1(2), 20(4), Sch. 8 para. 2 (with arts. 40, 41) Act modified (22.4.2022) by The East Anglia ONE North Offshore Wind Farm Order 2022 (S.I. 2022/432), art. 1(2), Sch. 8 para. 2 (with arts. 40, 41) Act applied (with modifications) (12.5.2022) by The M54 to M6 Link Road Development Consent Order 2022 (S.I. 2022/475), art. 1, Sch. 6 para. 3 Act applied (with modifications) (2.6.2022) by The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022 (S.I. 2022/549), art. 1, Sch. 6 para. 3 (with arts. 6, 34) Act applied (with modifications) (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 28, Sch. 7 para. 3 (with arts. 5, 36) Act applied (with modifications) (30.6.2022) by The Network Rail (Essex and Others Level Crossing Reduction) Order 2022 (S.I. 2022/651), art. 1, Sch. 12 paras. 1, 3 Act applied (with modifications) (13.7.2022) by The A47 Blofield to North Burlingham Development Consent Order 2022 (S.I. 2022/738), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 50) Act applied (with modifications) (1.8.2022) by The Northumberland Line Order 2022 (S.I. 2022/820), art. 1, Sch. 6 para. 3 (with Sch. 10 paras. 21, 43) Act applied (with modifications) (2.8.2022) by The Network Rail (Oxford Station Phase 2 Improvements (Land Only)) Order 2022 (S.I. 2022/871), art. 1, Sch. 1 para. 3 Act applied (with modifications) (2.8.2022) by The Network Rail (Oxford Station Phase 2 Improvements (Land Only)) (No. 2) Order 2022 (S.I. 2022/872), art. 1(1), Sch. 1 paras. 1, 3 Act applied (with modifications) (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), art. 1, Sch. 16 para. 2 (with arts. 62, 76, 87) Act applied (with modifications) (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), art. 1, Sch. 6 para. 3 (with arts. 4, 53) Act applied (with modifications) (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), art. 1, Sch. 6 paras. 1, 3 Act applied (with modifications) (8.9.2022) by The Manston Airport Development Consent Order 2022 (S.I. 2022/922), art. 1, Sch. 6 paras. 1, 3 (with arts. 5, 40) Act modified (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), art. 1, Sch. 12 para. 3 Act applied (with modifications) (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 52, Sch. 9 para. 82) Act applied (with modifications) (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), art. 1, Sch. 11 para. 3 (with art. 51) Act applied (with modifications) (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206), art. 1, Sch. 6 paras. 1, 3 (with art. 5) Act applied (with modifications) (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), art. 1, Sch. 6 paras. 1, 3 (with art. 4) Act modified (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), art. 1, Sch. 7 para. 2 (with art. 32, Sch. 10 paras. 26(2), 68) Act applied (with modifications) (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), art. 1, Sch. 10 paras. 1, 3 (with art. 34(2), Sch. 12 paras. 5, 47, 79) Act applied (with modifications) (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 50) Act modified (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), art. 1, Sch. 10 paras. 1, 2 (with art. 19) Act applied (with modifications) (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800), art. 1, Sch. 7 paras. 1, 2 (with arts. 42, 43, Sch. 9 Pt. 1 para. 4, Sch. 9 Pt. 3 para. 6(1), Sch. 9 Pt. 4 para. 20, Sch. 9 Pt 9 para. 4) Act applied (with modifications) (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order 2023 (S.I. 2023/834), art. 1, Sch. 5 paras. 1, 3 (with arts. 6(2), 18, Sch. 11 paras. 5, 30) Act applied (with modifications) (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I. 2023/923), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 45, Sch. 9 paras. 6, 46, 54(1)) Act applied (with modifications) (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033), art. 1, Sch. 8 paras. 1-3 (with arts. 36, 37, Sch. 9 paras. 14, 44(1), 76, 103) Act: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247) Act applied (with modifications) (7.2.2024) by The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024 (S.I. 2024/70), art. 1, Sch. 9 paras. 1, 2 (with art. 43, Sch. 12 paras. 5, 24) Act applied (with modifications) (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84) Act applied (with modifications) (11.3.2024) by The Net Zero Teesside Order 2024 (S.I. 2024/174), art. 1, Sch. 8 paras. 1, 2 (with arts. 42, 43, Sch. 12) Act applied (with modifications) (13.3.2024) by The Medworth Energy from Waste Combined Heat and Power Facility Order 2024 (S.I. 2024/230), art. 1, Sch. 9 paras. 1, 2 (with Sch. 11) Act applied (with modifications) (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), art. 1, Sch. 5 paras. 1, 3 (with arts. 18, 35, Sch. 9) Act applied (with modifications) (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), art. 1, Sch. 10 paras. 1, 2 (with art. 44, Sch. 15) Act applied (with modifications) (11.4.2024) by The HyNet Carbon Dioxide Pipeline Order 2024 (S.I. 2024/436), art. 1(2), Sch. 9 paras. 1, 3 (with arts. 21, 41, Sch. 10) Act applied (with modifications) (25.4.2024) by The Network Rail (Church Fenton Level Crossing Reduction) Order 2024 (S.I. 2024/526), art. 1, Sch. 10 paras. 1, 3 Act applied (with modifications) (9.5.2024) by The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 (S.I. 2024/564), art. 1, Sch. 8 paras. 1, 3 (with arts. 35, 36, Sch. 14) Act applied (with modifications) (13.6.2024) by The Network Rail (Cambridge Re-Signalling) Order 2024 (S.I. 2024/724), art. 1, Sch. 5 paras. 1, 3 (with art. 13) Act applied (with modifications) (14.6.2024) by The A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 (S.I. 2024/733), art. 1, Sch. 7 paras. 1, 3 (with art. 6, Sch. 10) Act applied (with modifications) (3.8.2024) by The Gate Burton Energy Park Order 2024 (S.I. 2024/807), art. 1, Sch. 10 paras. 1, 2 (with art. 45, Sch. 14) Act applied (with modifications) (3.8.2024) by The Sunnica Energy Farm Order 2024 (S.I. 2024/802), art. 1, Sch. 9 paras. 1, 2 (with art. 44, Sch. 12) Act applied (with modifications) (3.8.2024) by The Mallard Pass Solar Farm Order 2024 (S.I. 2024/796), art. 1, Sch. 10 paras. 1, 2 (with Sch. 15) Act applied (with modifications) (27.9.2024) by The Cottam Solar Project Order 2024 (S.I. 2024/943), art. 1, Sch. 10 paras. 1, 2 (with art. 48, Sch. 15) Act applied (with modifications) (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), art. 1, Sch. 9 paras. 1, 2 (with art. 40, Sch. 14) Act applied (with modifications) (9.10.2024) by The M3 Junction 9 Development Consent Order 2024 (S.I. 2024/752), art. 1, Sch. 6 paras. 1, 3 (with art. 4, Sch. 10) (as amended by S.I. 2024/1020, Sch.) Act applied (with modifications) (25.10.2024) by The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024 (S.I. 2024/1014), art. 1, Sch. 5 paras. 1, 3 (with arts. 36, 40, Sch. 4) Act applied (with modifications) (18.12.2024) by The Network Rail (Leeds to Micklefield Enhancements) Order 2024 (S.I. 2024/1284), art. 1, Sch. 11 paras. 1, 3 (with Sch. 15) Act applied (with modifications) (15.2.2025) by The West Burton Solar Project Order 2025 (S.I. 2025/116), art. 1, Sch. 10 paras. 1, 2 (with art. 47, Sch. 15) Act applied (with modifications) (17.2.2025) by The Heckington Fen Solar Park Order 2025 (S.I. 2025/85), art. 1, Sch. 9 paras. 1, 2 (with art. 43, Sch. 13) Act applied (with modifications) (27.2.2025) by The Associated British Ports (Immingham Green Energy Terminal) Order 2025 (S.I. 2025/165), art. 1, Sch. 11 paras. 1, 2 (with arts. 48, 59, Sch. 14) Act applied (with modifications) (4.4.2025) by The North Lincolnshire Green Energy Park Order 2025 (S.I. 2025/362), art. 1, Sch. 11 paras. 1, 2 (with Sch. 14) Act applied (with modifications) (15.4.2025) by The A122 (Lower Thames Crossing) Development Consent Order 2025 (S.I. 2025/462), art. 1, Sch. 9 paras. 1, 3 (with arts. 5, 43, 53(7), 54(2), Sch. 14) Act modified (23.4.2025) by The Cambridge Waste Water Treatment Plant Relocation Order 2025 (S.I. 2025/452), art. 1, Sch. 13 para. 2 (with Sch. 13 para. 1) Act modified (24.4.2025) by The London Luton Airport Expansion Development Consent Order 2025 (S.I. 2025/463), art. 1, Sch. 6 para. 2 (with Sch. 8 paras. 36(3), 87) Act applied (with modifications) (28.4.2025) by The Rampion 2 Offshore Wind Farm Order 2025 (S.I. 2025/468), art. 1, Sch. 8 paras. 1, 2 (with arts. 47, 48, Sch. 10) Act applied (with modifications) (1.5.2025) by The Viking CCS Carbon Dioxide Pipeline Order 2025 (S.I. 2025/509), art. 1(2), Sch. 8 paras. 1, 3 (with art. 41, Sch. 9) Act applied (with modifications) (31.5.2025) by The East Yorkshire Solar Farm Order 2025 (S.I. 2025/585), art. 1, Sch. 10 paras. 1, 2 (with art. 49, Sch. 14) Act applied (with modifications) (25.6.2025) by The M5 Junction 10 Development Consent Order 2025 (S.I. 2025/795), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 43, Sch. 9) Act applied (with modifications) (11.7.2025) by The Oaklands Farm Solar Park Order 2025 (S.I. 2025/739), art. 1, Sch. 7 paras. 1, 2 (with Sch. 10) Act applied (with modifications) (28.7.2025) by The Mona Offshore Wind Farm Order 2025 (S.I. 2025/870), art. 1, Sch. 9 paras. 1, 3 (with arts. 37, 38, Sch. 10) Act applied (with modifications) (14.8.2025) by The Byers Gill Solar Order 2025 (S.I. 2025/934), art. 1, Sch. 9 paras. 1, 2 (with art. 43, Sch. 11) Act applied (with modifications) (30.9.2025) by The M60/M62/M66 Simister Island Interchange Development Consent Order 2025 (S.I. 2025/1018), art. 1, Sch. 6 paras. 1, 3 (with arts. 5, 34, Sch. 9) Act applied (with modifications) (12.10.2025) by The Gatwick Airport (Northern Runway Project) Development Consent Order 2025 (S.I. 2025/1054), art. 1, Sch. 8 paras. 1, 2 (with arts. 5, 9(6), 43, Sch. 9) Act applied (with modifications) (22.10.2025) by The A46 Newark Bypass Development Consent Order 2025 (S.I. 2025/1090), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 9, 51, Sch. 9) Act applied (with modifications) (5.11.2025) by The Tillbridge Solar Order 2025 (S.I. 2025/1105), art. 1, Sch. 10 paras. 1, 2 (with art. 49, Sch. 15) Act applied (with modifications) (13.11.2025) by The Stonestreet Green Solar Order 2025 (S.I. 2025/1175), art. 1, Sch. 11 paras. 1, 2 (with art. 40, Sch. 13) Act applied (with modifications) (27.11.2025) by The Cory Decarbonisation Project Order 2025 (S.I. 2025/1227), art. 1, Sch. 9 paras. 1, 2 (with Sch. 12) Act applied (with modifications) (29.12.2025) by The Helios Renewable Energy Project Order 2025 (S.I. 2025/1372), art. 1, Sch. 8 paras. 1, 2 (with Sch. 9) Act applied (with modifications) (8.1.2026) by The Five Estuaries Offshore Wind Farm Order 2025 (S.I. 2025/1376), art. 1, Sch. 8 paras. 1, 3 (with arts. 39, 40, Sch. 9) Act applied (with modifications) (25.2.2026) by The A46 Coventry Junctions (Walsgrave) Development Consent Order 2026 (S.I. 2026/125), art. 1, Sch. 7 paras. 1, 3 (with arts. 40, 45, Sch. 9) (which affecting provisions were superseded by S.I. 2026/537, art. 1, Sch. 7 paras. 1, 3 (with arts. 40, 45, Sch. 9)) Act applied (with modifications) (3.3.2026) by The Network Rail (Kettering to Wigston South Junction and Napsbury Lane) (Land Acquisition) Order 2026 (S.I. 2026/141), art. 1, Sch. 2 paras. 1, 3 Act applied (with modifications) (4.3.2026) by The Outer Dowsing Offshore Wind Farm Order 2026 (S.I. 2026/138), art. 1(2), Sch. 8 paras. 1, 2 (with arts. 42, 43, Sch. 18) Act applied (with modifications) (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), art. 1, Sch. 10 paras. 1, 2 (with Sch. 14) Act applied (with modifications) (30.4.2026) by The Springwell Solar Farm Order 2026 (S.I. 2026/419), art. 1, Sch. 10 paras. 1, 2 (with art. 48) Act applied (with modifications) (5.6.2026) by The Dogger Bank South East and West Offshore Wind Farms Order 2026 (S.I. 2026/577), art. 1, Sch. 8 paras. 1, 3 (with arts. 40, 41, Sch. 15) Act applied (with modifications) (5.6.2026) by The North Falls Offshore Wind Farm Order 2026 (S.I. 2026/567), art. 1, Sch. 6 paras. 1, 3 (with arts. 44, 45, Sch. 14) Act applied (with modifications) (24.6.2026) by The Network Rail (Old Oak Common Great Western Mainline Track Access) Order 2026 (S.I. 2026/591), art. 1, Sch. 3 paras. 1, 3 (with art. 10) Act applied (with modifications) (23.7.2026) by The Peartree Hill Solar Farm Order 2026 (S.I. 2026/869), art. 1, Sch. 9 paras. 1, 2 (with art. 37, Sch. 11) Act applied (with modifications) (24.7.2026) by The Dean Moor Solar Farm Order 2026 (S.I. 2026/754), art. 1, Sch. 10 paras. 1, 2 (with Sch. 13) Pt. 1 (ss. 1–19) modified by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 Pt. III para. 27(1), Sch. 7 Pt. VI para. 2 Pt. 1 amended by Local Government, Planning and Land Act 1980 (c. 65), s. 113 Pt. 1 applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 152(7), 241(8) (with s. 226); S.I. 2010/101, art. 3(h) (with art. 6) Pt. 1 applied (with modifications) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), ss. 101(7), 147(2) (with s. 84(5)); S.I. 2025/698, art. 3(h) S. 5(2)(3)(4) applied by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 146(7), 147, 157(3) S. 5(2)-(5) applied (5.11.1993) by 1993 c. 42, s. 21, Sch. 7 para. 16(2)(e) (with s. 30(1), Sch. 2 para. 9). S. 8(1) modified by Local Government, Planning and Land Act 1980 (c. 65), s. 113(8) S. 10 applied (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 28(5) (with reg. 125) S. 10 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 30(5) S. 10 applied (30.10.1994) by S.I. 1994/2716, reg. 91(4) S. 10(1)-(3) applied by 2003 c. 21, Sch. 3A para. 84(4) (as inserted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/1286, reg. 2(b)) S. 10(1)-(3) applied by 1954 c. 56, s. 34C(4) (as inserted (7.4.2026) by Product Security and Telecommunications Infrastructure Act 2022 (c. 46), ss. 63, 79(2); S.I. 2025/1326, reg. 2(c) (with regs. 3-5)) S. 10(1)(b)(c)(2)(3) applied (5.11.1993) by 1993 c. 42, s. 21, Sch. 7 para. 16(3) (with s. 30(1), Sch. 2 para. 9). S. 18(1) modified by Local Government, Planning and Land Act 1980 (c. 65), s. 113(9) Pt. II(ss. 20–28) modified by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 Pt. III para. 27(1), Sch. 7 Pt. VI para. 2 S. 20 modified (18.12.1996) by 1996 c. 61, s. 49 S. 20 applied (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 31(1) (with art. 26(2)) S. 20A applied (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 31(1) (with art. 26(2)) S. 26 extended by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 Pt. III para. 27(8), Sch. 7 Pt. VI para. 2 S. 26 extended by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 1(6) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58) S. 28 modified (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 31(2) (with art. 26(2)) S. 28 modified (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 41(2) (with art. 35(2)) S. 28 modified (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 32(2) (with arts. 27(2), 39, Sch. 10 para. 4) S. 28 modified (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 40(2) (with art. 34(2)) S. 28 modified (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 47(2) (with art. 51) References to Rent Act 1968, ss. 70(3)(a) and 71 of that Act, and to a Part VI contract to be construed respectively as references to Rent Act 1977 (c. 42) , ss. 19 and 144 of that Act, and to a restricted contract: Rent Act 1977 (c. 42) , Sch. 24 para. 1(8) and Interpretation Act 1978 (c. 30) , s. 17(2)(a) . S. 32(7B) modified (1.12.2008) by Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1 (with art. 6) S. 33F(2)(3) modified (31.1.2019) by The Further Education Bodies (Insolvency) Regulations 2019 (S.I. 2019/138), regs. 1(1), 34 (with regs. 1(2), 3(b)) S. 33H applied by 1968 c. 34, s. 12(4) (as inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 4 (with s. 111); S.I. 2004/2593, art. 2(d)) S. 37(5) excluded by Conwy Tunnel (Supplementary Powers) Act 1983 (c. 7, SIF 59), s. 14(7) S. 37(5) modified (5.11.1993) by 1993 c. 42, s. 2, Sch. 2 para. 5(7) (with s. 30(1), Sch. 2 para. 9). S. 39: power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(c)(4) S. 40: power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(c)(4) S. 41: power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(c)(4) S. 44 applied (with modifications) (2.12.2020) by The Network Rail (London to Corby) (Land Acquisition) Order 2020 (S.I. 2020/1259), arts. 1(1), 7(4), Sch. 4 para. 3 S. 44(1) modified (18.6.1992) by Compulsory Purchase Act 1965 (c. 56), as applied (with modifications) by British Railways (No. 2) Act 1992 (c. xi), s. 27, Sch. 3 para.1. S. 44(1) modified (10.11.1993) by 1965 c. 56, s. 7(2) (as modified by 1993 c. 28, s. 169, Sch. 20 para.21; S.I. 1993/2762, art.3). S. 44(1) modified (27.8.1998) by S.I. 1998/1936, art. 29(3), Sch. 7 para. 2(1)(2) (with art. 45) S. 44(1) modified (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1965 c. 56, s. 7(2) (as modified by 1998 c. 45, s. 20, Sch. 5 Pt. II para. 4; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c)) S. 44 applied (with modifications) (19.2.1999) by S.I. 1999/537, art. 7(2), Sch. 2 para. 9 S. 44 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 15(3), Sch. 5 para. 2 S. 44 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 17(3), Sch. 7 para. 2 S. 44(1) modified (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), art. 1, Sch. 4 para. 2(2) S. 44(1) applied (with modifications) (8.10.2005) by Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005 (S.I. 2005/2786), art. 1, Sch. 7 para. 2(2) S. 44(1) applied (with modifications) (9.4.2013) by The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (S.I. 2013/675), art. 1, Sch. 10 para. 2(2) S. 44(1) modified (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), art. 1, Sch. 7 para. 2(2) (with art. 33) S. 44(1) applied (with modifications) (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), art. 1, Sch. 7 paras. 1, 2(2) (with art. 33) S. 44(1) modified (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), art. 1, Sch. 8 para. 2(2) S. 44(1) modified (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), art. 1, Sch. 6 para. 3(2) (with arts. 4, 37) S. 44(1) modified (3.10.2018) by The A19/A184 Testos Junction Alteration Development Consent Order 2018 (S.I. 2018/994), art. 1, Sch. 6 para. 3 (with arts. 3(3), 5) S. 44(1) modified (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), art. 1, Sch. 9 para. 3 (with art. 37) S. 44(1) modified (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020 (S.I. 2020/746), art. 1, Sch. 5 para. 3 (with art. 5) S. 44(1) modified (23.9.2020) by The Midland Metro (Wednesbury to Brierley Hill Land Acquisition) Order 2020 (S.I. 2020/1067), Sch. 2 para. 3 The text of Ss. 47(2), (3), 48(4), 86, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. “The said Act of 1968” means the Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) S. 51 extended by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 1(2)(xviii) (with ss. 58(7), 101(1), 141(6), 153(1), 155, 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58) S. 51 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(xxv), Sch. 17 paras. 33, 35(1) S. 51 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxvii), Sch. 8 para. 33 S. 51 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xx); S.I. 1996/218, art. 2 S. 52A modified by 1961 c. 33, s. 5A(5)(6) (as inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 103(2); S.I. 2004/2593, art. 2(a)) Ss. 53-56 excluded (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 25(1). Ss. 53-56 excluded (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 25(1). Ss. 53-56 excluded (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 25(1). Ss. 53-56 excluded (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 25(1). S. 58(1) modified (18.6.1992) by Compulsory Purchase Act 1965 (c. 56), as applied (with modifications) by British Railways (No. 2) Act 1992 (c. xi), s. 27, Sch. 3 para.2. S. 58 modified (10.11.1993) by 1965 c. 56, s. 8(4) (as substituted by 1993 c. 28, s. 169, Sch. 20 para.22; S.I. 1993/2762, art.3). S. 58(1) modified (27.8.1998) by S.I. 1998/1936, art. 29(3), Sch. 7 para. 2(1)(3) (with art. 45) S. 58 applied (with modifications) (19.2.1999) by S.I. 1999/537, art. 7(2), Sch. 2 para. 10 S. 58 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 15(3), Sch. 5 para. 2 S. 58 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 17(3), Sch. 7 paras. 1, 2 S. 58(1) modified (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), art. 1, Sch. 4 para. 2(3) S. 58(1) applied (with modifications) (8.10.2005) by Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005 (S.I. 2005/2786), art. 1, Sch. 7 para. 2(3) S. 58(1) applied (with modifications) (9.4.2013) by The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (S.I. 2013/675), art. 1, Sch. 10 para. 2(3) S. 58(1) applied (with modifications) (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), art. 1, Sch. 7 paras. 1, 2(3) (with art. 33) S. 58(1) modified (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), art. 1, Sch. 7 para. 2(3) (with art. 33) S. 58(1) modified (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), art. 1, Sch. 8 para. 2(3) The text of Ss. 47(2), (3), 48(4), 86, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Ss. 47(2), (3), 48(4), 86, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1961 c. 33. 1845 c. 18. 1965 c. 56. 1975 c. 76. 1925 c. 18. 1925 c. 18. 1925 c. 18. 1967 c. 88. 1976 GSM No. 4 1961 c. 33. 1980 c. 66. 1939 c. 21. 1967 c. 76. 1984 c. 27. 1990 c. 08 1925 c. 18 . 1981 c. 67 1939 c. 21. 1974 c. 44. 1954 c. 56. 1961 c. 33. 1958 c. 42. 1958 c. 55. 1845 c. 18. 1965 c. 56. 1980 c. 66. 1845 c. 18. 1965 c. 56. 1968 c. 34. 1961 c. 33. 1925 c. 18. 1975 c. 76. 1845 c. 18. 1965 c. 56. 1845 c. 18. 1965 c. 56. 1961 c. 33. 1965 c. 56. 1965 c. 56. 1845 c. 18. 1965 c. 56. 1968 c. 34. 1965 c. 56. 1968 c. 34. 1845 c. 18. 1961 c. 33. 1947 c. 48. 1961 c. 33. 1954 c. 56. 1972 c. 70. 1948 c. 28 (N.I.) 1972 c. 9 (N.I.) An Act to confer a new right to compensation for depreciation of the value of interests in land caused by the use of highways, aerodromes and other public works; to confer powers for mitigating the injurious effect of such works on their surroundings; to make new provision for the benefit of persons displaced from land by public authorities; to amend the law relating to compulsory purchase and planning blight; to amend section 35 of the Roads (Scotland) Act 1970; and for purposes connected with those matters.
Where the value of an interest in land is depreciated by physical factors caused by the use of public works, then, if— compensation for that depreciation shall, subject to the provisions of this Part of this Act, be payable by the responsible authority to the person making the claim (hereafter referred to as “the claimant”).
the interest qualifies for compensation under this Part of this Act; and
the person entitled to the interest makes a claim after the time provided by and otherwise in accordance with this Part of this Act,
The physical factors mentioned in subsection (1) above are noise, vibration, smell, fumes, smoke and artificial lighting and the discharge on to the land in respect of which the claim is made of any solid or liquid substance.
The public works mentioned in subsection (1) above are—
any highway;
any aerodrome; and
any works or land (not being a highway or aerodrome) provided or used in the exercise of statutory powers.
The responsible authority mentioned in subsection (1) above is, in relation to a highway, the appropriate highway authority and, in relation to other public works, the person managing those works.
Physical factors caused by an aircraft arriving at or departing from an aerodrome shall be treated as caused by the use of the aerodrome whether or not the aircraft is within the boundaries of the aerodrome; but, save as aforesaid, the source of the physical factors must be situated on or in the public works the use of which is alleged to be their cause.
Compensation shall not be payable under this Part of this Act in respect of the physical factors caused by the use of any public works other than a highway unless immunity from actions for nuisance in respect of that use is conferred (whether expressly or by implication) by an enactment relating to those works or, in the case of an aerodrome and physical factors caused by aircraft, the aerodrome is one to which section 77(2) of the Civil Aviation Act 1982(immunity from actions for nuisance) for the time being applies.
Compensation shall not be payable under this Part of this Act in respect of physical factors caused by accidents involving vehicles on a highway or accidents involving aircraft.
Compensation shall not be payable under this Part of this Act on any claim unless the relevant date in relation to the claim falls on or after 17th October 1969.
Subject to section 9 below, “the relevant date” in this Part of this Act means—
in relation to a claim in respect of a highway, the date on which it was first open to public traffic;
in relation to a claim in respect of other public works, the date on which they were first used after completion.
An interest qualifies for compensation under this Part of this Act if it was acquired by the claimant before the relevant date in relation to the claim and the requirements of subsection (2) or, as the case may be, subsection (3) below are satisfied on the date on which notice of the claim for compensation in respect of that interest is served.
If and so far as the interest is in land which is a dwelling, the said requirements are—
that the interest is an owner’s interest; and
where the interest carries the right to occupy the land, that the land is occupied by the claimant in right of that interest as his residence.
If and so far as the interest is not in such land as aforesaid, the said requirements are—
that the interest is that of an owner-occupier; and
that the land is or forms part of either—
a hereditament the annual value of which does not exceed the prescribed amount; or
an agricultural unit.
In this section “owner’s interest” in relation to any land, means the legal fee simple therein or a tenancy thereof granted or extended for a term of years certain of which, on the date of service of the notice of claim in respect thereof, not less than three years remain unexpired.
In this section “owner-occupier”, in relation to land in a hereditament, means a person who occupies the whole or a substantial part of the land in right of an owner’s interest therein and, in relation to land in an agricultural unit, means a person who occupies the whole of that unit and is entitled, while so occupying it, to an owner’s interest in the whole or any part of that land.
In this section “the prescribed amount” means the amount for the time being prescribed for the purposes of section 149(3)(a) of the Town and Country Planning Act 1990(interests qualifying for protection under planning blight provisions) and “annual value” and “hereditament” have the meanings given in section 171 of that Act taking references to the date of service of a notice under section 150 of that Act as references to the date on which notice of the claim is served.
This section has effect subject to sections 10(4), 11 and 12 below.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for subsection (4) there shall be substituted—
in subsection (6) for the references to sections 192(4)(a), 193 and 207 of the Town and Country Planning Act 1971 there shall be substituted respectively references to sections 181(4)(a), 182 and 196 of the Town and Country Planning (Scotland) Act 1972.
A claim under this Part of this Act shall be made by serving on the responsible authority a notice containing particulars of—
the land in respect of which the claim is made;
the claimant’s interest and the date on which, and the manner in which, it was acquired;
the claimant’s occupation of the land (except where the interest qualifies for compensation without occupation);
any other interests in the land so far as known to the claimant;
the public works to which the claim relates;
the amount of compensation claimed;
any land contiguous or adjacent to the land in respect of which the claim is made, being land to which the claimant was entitled in the same capacity (within the meaning of section 6 below) on the relevant date.
Subject to the provisions of this section and of sections 12 and 14 below, no claim shall be made before the expiration of twelve months from the relevant date; and the day next following the expiration of the said twelve months is in this Part of this Act referred to as “the first claim day”.
Subsection (2) above shall not preclude the making of a claim in respect of an interest in land before the first claim day if— but compensation shall not be payable before the first claim day on any claim made by virtue of this subsection.
the claimant has during the said twelve months made a contract for disposing of that interest or (in so far as the interest is in land which is not a dwelling) for the grant of a tenancy of that land; and
the claim is made before the interest is disposed of or the tenancy is granted;
Where notice of a claim has been served on a responsible authority, any person authorised by that authority may, on giving reasonable notice, enter the land to which the claim relates for the purpose of surveying it and ascertaining its value in connection with the claim; and any person who wilfully obstructs a person in the exercise of the powers conferred by this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
Where compensation is payable by a responsible authority on a claim there shall be payable by the authority, in addition to the compensation, any reasonable valuation or legal expenses incurred by the claimant for the purposes of the preparation and prosecution of the claim; but this subsection is without prejudice to the powers of the Upper Tribunal in respect of the costs of and incidental to proceedings in the Upper Tribunal by virtue of section 29 of the Tribunals, Courts and Enforcement Act 2007.
The compensations payable on any claim shall be assessed by reference to prices current on the first claim day.
In assessing depreciation due to the physical factors caused by the use of any public works, account shall be taken of the use of those works as it exists on the first claim day and of any intensification that may then be reasonably expected of the use of those works in the state in which they are on that date.
In assessing the extent of the depreciation there shall be taken into account the benefit of any relevant works— and it shall be assumed that any relevant works which could be or could have been carried out, or in respect of which a grant could be or could have been paid, under any of the provisions mentioned in paragraph (a) above have been carried out but, in a case where the authority having functions under that provision have a discretion whether or not to carry out the works or pay the grant, only if they have undertaken to do so. In paragraph (a) above “sound-proofing grants”, in relation to any buildings, means grants towards the cost of insulating those buildings or parts of those buildings against noise.
which have been carried out, or in respect of which a grant has been paid, under section 20 below, section 15 of the Airports Authority Act 1965 , section 29A of the Civil Aviation Act 1971, section 79 of the Civil Aviation Act 1982or any corresponding local enactment or under any provision of a scheme operated by a person managing an aerodrome which provides for the payment of sound-proofing grants in respect of buildings near the aerodrome;
which have been carried out under section 23 or 27 below;
The value of the interest in respect of which the claim is made shall be assessed—
subject to subsection (5) below, by reference to the nature of the interest and the condition of the land as it subsisted on the date of service of notice of the claim;
subject to section 5 below, in accordance with rules (2) to (4) of the rules set out in section 5 of the Land Compensation Act 1961;
if the interest is subject to a mortgage or to a contract of sale or to a contract made after the relevant date for the grant of a tenancy, as if it were not subject to the mortgage or contract.
In assessing the value of the interest in respect of which the claim is made there shall be left out of account any part of that value which is attributable to—
any building, or improvement or extension of a building, on the land if the building or, as the case may be, the building as improved or extended, was first occupied after the relevant date; and
any change in the use of the land made after that date.
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The following assumptions shall be made in assessing the value of the interest in respect of which the claim is made.
Subject to subsection (3) below, it shall be assumed that, in respect of the land in which the interest subsists (“the relevant land”) or any part of it, planning permission would be granted—
subject to the condition set out in Schedule 10 to the Town and Country Planning Act 1990, for any development of a class specified in paragraph 1 of Schedule 3 to that Act; and
for any development of a class specified in paragraph 2 of Schedule 3 to that Act.
Notwithstanding subsection (2) above—
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where an order has been made under section 102 of or paragraph 1 of Schedule 9 to the said Act of 1990, in respect of the relevant land or any part thereof, requiring the removal of any building or the discontinuance of any use, and compensation has become payable in respect of that order under section 115of that Act, it shall not by virtue of the said subsection (2) be assumed that planning permission would be granted, in respect of the relevant land or any part thereof, as the case may be, for the rebuilding of that building or the resumption of that use.
It shall be assumed that planning permission would not be granted in respect of the relevant land or any part thereof for any development other than such development as is mentioned in subsection (2) above; and, if planning permission has been granted in respect of the relevant land or any part thereof for such other development, it shall be assumed that the planning permission has not been granted in so far as it relates to development that has not been carried out.
In this section any expression which is also used in the said Act of 1990has the same meaning as in that Act and references to any provision of that Act include references to any corresponding provision previously in force.
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The compensation payable on a claim shall be reduced by an amount equal to any increase in the value of— which is attributable to the existence of or the use or prospective use of the public works to which the claim relates.
the claimant’s interest in the land in respect of which the claim is made; and
any interest in other land contiguous or adjacent to the land mentioned in paragraph (a) above to which the claimant was entitled in the same capacity on the relevant date,
Sections 4 and 5 above shall not apply to the assessment, for the purposes of subsection (1) above, of the value of the interest mentioned in paragraph (a) of that subsection.
Where, for the purpose of assessing compensation on a claim in respect of any interest in land, an increase in the value of an interest in other land has been taken into account under subsection (1) above, then, in connection with any subsequent acquisition to which this subsection applies, that increase shall not be left out of account by virtue of section 6A of the Land Compensation Act 1961 or taken into account by virtue of section 6B of that Act or any corresponding enactment, in so far as it was taken into account in connection with that claim.
Subsection (3) above applies to any subsequent acquisition, not being an acquisition of the land in respect of which the claim is made, where either— and in this subsection “the interest previously taken into account” means the interest the increased value of which was taken into account as mentioned in the said subsection (3).
the interest acquired by the subsequent acquisition is the same as the interest previously taken into account (whether the acquisition extends to the whole of the land in which that interest previously subsisted or only to part of that land); or
the person entitled to the interest acquired is, or directly or indirectly derives title to that interest from, the person who at the time of the claim mentioned in that subsection was entitled to the interest previously taken into account;
For the purposes of this section a person entitled to two interests in land shall be taken to be entitled to them in the same capacity if, but only if, he is entitled— and in this section references to a person deriving title from another person include references to any successor in title of that other person.
to both of them beneficially; or
to both of them as trustee of one particular trust; or
to both of them as personal representative of one particular person;
In subsection (3) above “corresponding enactment” has the same meaning as in section 8 of the said Act of 1961.
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Compensation shall not be payable on any claim unless the amount of the compensation exceeds £50.
Where a claim has been made in respect of depreciation of the value of an interest in land caused by the use of any public works and compensation has been paid or is payable on that claim, compensation shall not be payable on any subsequent claim in relation to the same works and the same land or any part thereof (whether in respect of the same or a different interest) except that, in the case of land which is a dwelling, this subsection shall not preclude the payment of compensation both on a claim in respect of the fee simple and on a claim in respect of a tenancy.
Where a person is entitled to compensation in respect of the acquisition of an interest in land by an authority possessing compulsory purchase powers, or would be so entitled if the acquisition were compulsory, and— then, whether or not any sum is paid or payable in respect of injurious affection of the land retained, compensation shall not be payable under this Part of this Act on any claim in relation to those works made after the date of service of the notice to treat (or, if the acquisition is by agreement, the date of the agreement) in respect of any interest in the land retained.
the land is acquired for the purposes of any public works; and
that person retains land which, in relation to the land acquired, constitutes other land or lands within the meaning of section 63 of the Lands Clauses Consolidation Act 1845 or section 7 of the Compulsory Purchase Act 1965 (compensation for acquisition to include compensation for injurious affection of other land retained).
Subsection (2) above applies whether the acquisition is before, on or after the date on which this Part of this Act comes into force (hereafter referred to as “the commencement date”) and, where it is on or after that date, the public works for the purposes of which the land is acquired shall be taken to be those specified in the relevant particulars registered under subsection (4) below.
Where on or after the commencement date an authority possessing compulsory purchase powers acquires land for the purposes of any public works and the person from whom the land is acquired retains land which, in relation to the land acquired, constitutes other land or lands within the meaning of the sections mentioned in subsection (2) above, the authority shall deposit particulars of the land retained and the nature and extent of those works with the council of the district or London borough or Welsh county or county borough in which the land retained is situated;. . .
In a case in which compensation for injurious affection fell or falls to be assessed otherwise than in accordance with section 44 below, subsection (2) above shall not preclude the payment of compensation under this Part of this Act in respect of depreciation by public works so far as situated elsewhere than on the land acquired.
Any particulars deposited pursuant to subsection (4) above shall be a local land charge and for the purpose of the Local Land Charges Act 1975 the council with whom any such particulars are deposited shall be treated as the originating authority as respects the charge thereby constituted.
Where after a claim has been made in respect of any interest in land the whole or part of the land in which that interest subsists is compulsorily acquired, then, if— the compensation in respect of the acquisition shall be reduced by an amount equal to the compensation paid or payable on the claim or, if the acquisition extends only to part of the land, to so much of the last-mentioned compensation as is attributable to that part.
the value of that land has been diminished by the public works to which the claim relates; but
the compensation in respect of the compulsory acquisition falls to be assessed without regard to the diminution,
Without prejudice to the foregoing provisions of this section, compensation shall not be payable in respect of the same depreciation both under this Part of this Act and under any other enactment.
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in subsection (1) for the words " fee simple " there shall be substituted the words " ownership of the dominium utile ";
in subsection (2)(b) for the reference to the sections there mentioned there shall be substituted a reference to section 61 of the Lands Clauses Consolidation (Scotland) Act 1845;
in subsection (4) for the words from "the authority shall deposit" to the end there shall be substituted the words " the authority shall cause particulars of the land retained and the nature and extent of those works to be recorded in the Register of Sasines and shall send a copy of those particulars to the local planning authority ".
This section has effect where, whether before, on or after the commencement date—
the carriageway of a highway has been altered after the highway has been open to public traffic;
any public works other than a highway have been reconstructed, extended or otherwise altered after they have been first used; or
there has been a change of use in respect of any public works other than a highway or aerodrome.
If and so far as a claim in respect of the highway or other public works relates to depreciation that would not have been caused but for the alterations or change of use, this Part of this Act shall, subject to subsection (3) below, have effect in relation to the claim as if the relevant date (instead of being the date specified in section 1(9) above) were— as the case may be.
the date on which the highway was first open to public traffic after completion of the alterations to the carriageway;
the date on which the other public works were first used after completion of the alterations; or
the date of the change of use,
Subsection (2) above shall not by virtue of any alterations to an aerodrome apply to a claim in respect of physical factors caused by aircraft unless the alterations are runway or apron alterations.
Where a claim relates to such depreciation as is mentioned in subsection (2) above the notice of claim shall specify, in addition to the matters mentioned in section 3 above, the alterations or change of use alleged to give rise to the depreciation; and if and so far as the claim relates to such depreciation—
section 6 above shall have effect as if the increase in value to be taken into account were any increase that would not have been caused but for the alterations or change of use in question;
subsection (1) of section 8 above shall not preclude the payment of compensation unless the previous claim was in respect of depreciation that would not have been caused but for the same alterations or change of use, and subsection (2) of that section shall not preclude the payment of compensation unless the works for which the land was acquired were works resulting from the alterations, or works used for the purpose, to which the claim relates.
For the purposes of this section the carriageway of a highway is altered if, and only if— and the reference in subsection (2) above to depreciation that would not have been caused but for alterations to the carriageway of a highway is a reference to such depreciation by physical factors which are caused by the use of, and the source of which is situated on, the length of carriageway which has been altered as mentioned in paragraph (a) above or, as the case may be, the additional carriageway and the corresponding length of the existing one mentioned in paragraph (b) above.
the location, width or level of the carriageway is altered (otherwise than by re-surfacing); or
an additional carriageway is provided for the highway beside, above or below an existing one;
In this section “runway or apron alterations” means—
the construction of a new runway, the major re-alignment of an existing runway or the extension or strengthening of an existing runway; or
a substantial addition to, or alteration of, a taxiway or apron, being an addition or alteration whose purpose or main purpose is the provision of facilities for a greater number of aircraft.
For the avoidance of doubt it is hereby declared that references in this section to a change of use do not include references to the intensification of an existing use.
Where an interest is subject to a mortgage—
a claim may be made by any mortgagee of the interest as if he were the person entitled to that interest but without prejudice to the making of a claim by that person;
no compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage);
any compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee and shall in either case be applied by him as if it were proceeds of sale.
Where the interest is subject to a trust of land the compensation shall be dealt with as if it were proceeds of sale arising under the trust.
Where the interest is settled land for the purposes of the Settled Land Act 1925 the compensation shall be treated as capital money arising under that Act.
Where an interest in land is vested in trustees (other than a sole tenant for life within the meaning of the Settled Land Act 1925) and a person beneficially entitled (whether directly or derivatively) under the trusts is entitled or permitted by reason of his interest to occupy the land, section 2 above shall have effect as if occupation by that person were occupation by the trustees in right of the interest vested in them.
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in subsection (1) for the references to a mortgage and a mortgagee there shall be substituted respectively references to a heritable security and a heritable creditor;
for subsections (2) and (3) there shall be substituted the following subsection—;
in subsection (4) the words " (other than a sole tenant for life within the meaning of the Settled Land Act 1925) " shall be omitted.
So much of section 2(1) above as requires an interest qualifying for compensation under this Part of this Act to have been acquired by the claimant before the relevant date shall not apply to any interest acquired by him by inheritance from a person who acquired that interest, or a greater interest out of which it is derived, before the relevant date.
For the purposes of this section an interest is acquired by a person by inheritance if it devolves on him by virtue only of testamentary dispositions taking effect on, or the law of intestate succession or the right of survivorship between joint tenants as applied to, the death of another person or the successive deaths or two or more other persons.
For the purposes of subsection (2) above a person who acquires an interest by appropriation of it in or towards satisfaction of any legacy, share in residue or other share in the estate of a deceased person shall be treated as a person on whom the interest devolves by direct bequest.
Where an interest is settled land for the purposes of the Settled Land Act 1925 and on the death of a tenant for life within the meaning of that Act a person becomes entitled to the interest in accordance with the settlement, or by any appropriation by the personal representatives in respect of the settled land, subsection (2) above shall apply as if the interest had belonged to the tenant for life absolutely and the trusts of the settlement taking effect after his death had been trusts of his will.
Subsection (4) above shall apply, with any necessary modifications, where a person becomes entitled to an interest on the termination of a settlement as it would apply if he had become entitled in accordance with the terms of the settlement.
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in subsection (2), for the words from " testamentary " to " tenants " there shall be substituted the words—;
in subsection (3), for the words " by appropriation of it in or towards " there shall be substituted the words " in satisfaction or in partial ";
subsections (4) and (5) shall be omitted.
This section has effect where a person is entitled under Part I of the Leasehold Reform Act 1967 to acquire the freehold or an extended lease of a house by virtue of any tenancy (“the qualifying tenancy”) and—
has on or before the relevant date given notice under that Act to the landlord of his desire to have the freehold or an extended lease; and
has not acquired the freehold or an extended lease before that date.
The qualifying tenancy shall be treated as an owner’s interest as defined in section 2(4) above whether or not the unexpired term on the date of service of the notice of claim is of the length there specified.
If no claim is made in respect of the qualifying tenancy before the claimant has ceased to be entitled to it by reason of his acquisition of the freehold or an extended lease he may make a claim in respect of the qualifying tenancy as if he were still entitled to it.
No claim shall be made by virtue of subsection (3) above after the claimant has ceased to be entitled to the freehold or extended lease but such a claim may be made before the first claim day if it is made before the claimant has disposed of the freehold or extended lease and after he has made a contract for disposing of it.
Compensation shall not be payable before the first claim day on any claim made by virtue of subsection (4) above.
Any notice of a claim made by virtue of this section shall contain, in addition to the matters mentioned in section 3 above, a statement that it is made in respect of a qualifying tenancy as defined in this section and, if made by virtue of subsection (3) or (4) above, sufficient particulars to show that it falls within that subsection.
In relation to a claim made by virtue of subsection (3) above section 4(4)(a) above shall have effect as if the reference to the date of service of notice of the claim were a reference to the relevant date.
Any compensation payable under this Part of this Act in respect of land which is ecclesiastical property shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated and (in either case) shall be applied for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising, or disposing of the proceeds of, such a sale.
in the case of land which is not diocesan glebe land, to the Church Commissioners; and
in the case of diocesan glebe land, to the Diocesan Board of Finance in which the land is vested,
In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a 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; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976.
A tenancy to which subsection (2) or (3) below applies (“a qualifying tenancy”) shall be treated as an owner’s interest as defined in section 2(4) above whether or not the unexpired term on the date of service of the notice of claim is of the length there specified.
This subsection applies to a tenancy if the tenant, on the relevant date—
is in respect of the tenancy a qualifying tenant for the purposes of Chapter I of Part I of the 1993 Act (collective enfranchisement); and
by virtue of the tenancy, either—
is a participating tenant in relation to a claim to exercise the right to collective enfranchisement under that Chapter; or
is one of the participating tenants on whose behalf the acquisition by the nominee purchaser has been made in pursuance of such a claim.
This subsection applies to a tenancy if the tenant, on the relevant date and in respect of the tenancy, is a qualifying tenant for the purposes of Chapter II of Part I of the 1993 Act (individual right to acquire new lease) who—
has on or before that date given notice under section 42 of that Act (notice by qualifying tenant of claim to exercise right); and
has not acquired a new lease before that date.
If no claim is made in respect of a qualifying tenancy before the claimant has ceased to be entitled to it in consequence of a lease being granted to him by the nominee purchaser or, as the case may be, under Chapter II of Part I of the 1993 Act, the claimant may make a claim in respect of the qualifying tenancy as if he were still entitled to it.
No claim shall be made by virtue of subsection (4) above after the claimant has ceased to be entitled to the lease referred to in that subsection, but such a claim may be made before the first claim day if it is made before the claimant has disposed of that lease and after he has made a contract for disposing of it.
Compensation shall not be payable before the first claim day on any claim made by virtue of subsection (5) above.
Any notice of a claim made by virtue of this section shall contain, in addition to the matters mentioned in section 3 above, a statement that it is made in respect of a qualifying tenancy as defined in this section and, if made by virtue of subsection (4) or (5) above, sufficient particulars to show that it falls within that subsection.
In relation to a claim made by virtue of subsection (4) above, section 4(4)(a) above shall have effect as if the reference to the date of service of notice of the claim were a reference to the relevant date.
In this section—
“the 1993 Act” means the Leasehold Reform, Housing and Urban Development Act 1993; and
“participating tenant”, “nominee purchaser” and “the acquisition by the nominee purchaser” shall be construed in accordance with sections 14, 15 and 38(2) of that Act respectively.
Where the whole of the claim period for a claim has expired before the commencement date, or less than two years of that period remains unexpired on that date, that period shall be treated as continuing until the end of two years from the commencement date.
Where on or after 17th October 1972 and before the commencement date a person— this Part of this Act shall have effect in relation to any claim made before the end of one year from the commencement date (being a claim in relation to which the relevant date falls before the disposal or the grant of the tenancy) as if that person were still entitled to the interest disposed of or the interest to which he was entitled prior to the grant of the tenancy.
has disposed of an interest in land which would have qualified for compensation under this Part of this Act if it had then been in force and a notice of claim had been served in respect of the interest immediately before the disposal; or
being entitled to such an interest as is mentioned in paragraph (a) above in land which is not a dwelling, has granted a tenancy thereof so that the interest remaining to him is not such an interest as aforesaid,
Any notice of a claim made by virtue of subsection (2) above shall specify, in addition to the matters mentioned in section 3 above, the date on which the interest was disposed of or, as the case may be, the date on which the tenancy was granted.
A claim may be made by virtue of subsection (2) above notwithstanding that the claim period has not begun but compensation shall not be payable on the claim before the beginning of that period.
In relation to a claim made by virtue of subsection (2) above section 4(4)(a) above shall have effect as if the reference to the date of service of notice of the claim were a reference to the date immediately preceding that on which the claimant disposed of the interest or granted the tenancy.
The responsible authority in relation to a highway or other public works shall keep a record and, on demand, furnish a statement in writing of—
the date on which the highway was first open to public traffic, or was first open to public traffic after completion of any particular alterations to the carriageway of the highway;
the date on which the public works were first used after completion, or were first used after completion of any particular alterations to those works;
in the case of public works other than a highway or aerodrome, the date on which there was a change of use in respect of the public works.
A certificate by the Secretary of State stating that runway or apron alterations have or have not been carried out at an aerodrome and the date on which an aerodrome at which any such alterations have been carried out was first used after completion of the alterations shall be conclusive evidence of the facts stated.
In this section references to alterations to the carriageway of a highway, to runway or apron alterations and to a change of use shall be construed in the same way as in section 9 above; and subsection (1) above shall not apply unless the date in question falls on or after the commencement date.
Any question of disputed compensation under this Part of this Act shall be referred to and determined by the Upper Tribunal
No such question arising out of a claim made before the first claim day shall be referred to The Tribunal before that day.
Where, in resisting a claim under this Part of this Act, a responsible authority contend that no enactment relating to the works in question confers immunity from actions for nuisance in respect of the use to which the claim relates, then if— no enactment relating to those works, being an enactment in force when the contention was made, shall afford a defence to that action in so far as it relates to those matters.
compensation is not paid on the claim; and
an action for nuisance in respect of the matters which were the subject of the claim is subsequently brought by the claimant against the authority,
Compensation under this Part of this Act shall carry interest, at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961, from— until payment.
the date of service of the notice of claim; or
if that date is before the first claim day, from the first claim day,
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In this Part of this Act—
" the appropriate highway authority " means—
“disabled person” means a person who is substantially and permanently handicapped by illness, injury or congenital infirmity, ... ;
a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or
except where paragraph (b) below applies, the highway authority who constructed the highway to which the claim relates or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of the Local Government Act 1985or the Local Government (Wales) Act 1994;
“improvement” includes alteration and enlargement; and
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“commencement date” means the date on which this Part of this Act comes into force;
“the first claim day” has the meaning given in section 3(2) above;
“public works” and “responsible authority” have the meaning given in section 1 above;
the Welsh Ministers, in relation to Wales;
“highway” includes part of a highway and,. . . , means a highway or part of a highway maintainable at the public expense as defined in section 329(1) of the Highways Act 1980
" highway authority ", in relation to Scotland, has the meaning assigned to it in the said Act of 1970 ;
For the purposes of sections 2(1), 11(1) and 14(2) above an interest acquired or disposed of, or a tenancy granted, pursuant to a contract shall be treated as acquired, disposed of or granted when the contract was made.
In the application of this Part of this Act to a highway which has not always since 17th October 1969 been a highway maintainable at the public expense as defined above— and no claim shall be made if the relevant date falls at a time when the highway was not so maintainable and the highway does not become so maintainable within three years of that date. . .
references to its being open to public traffic shall be construed as references to its being so open whether or not as a highway so maintainable;
for references to the highway authority who constructed it there shall be substituted references to the highway authority for the highway;
For the purposes of the Limitation Act 1939, a person’s right of action to recover compensation under this Part of this Act shall be deemed to have accrued on the first claim day.
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for the words from " highway which" to " defined above " and " highway so maintainable " there shall be substituted respectively the words " road which has not always since 17th October 1969 been a highway " and " highway ";
for the words " the highway was not so maintainable and the highway does not become so maintainable " there shall be substituted the words " the road was not a highway and the road does not become a highway ";
for the words " it becomes so maintainable " there shall be substituted the words " it becomes a highway ".
The Secretary of State may make regulations imposing a duty or conferring a power on responsible authorities to insulate buildings against noise caused or expected to be caused by the construction or use of public works or to make grants in respect of the cost of such insulation.
Regulations under this section may—
make provision as to the level of noise giving rise to a duty or power under the regulations and the area in which a building must be situated if a duty or power is to arise in respect of it;
specify the classes of public works and of buildings in respect of which a duty or power is to arise, and the classes of persons entitled to make claims, under the regulations;
specify the nature and extent of the work which is to be undertaken under the regulations and the expenditure in respect of which and the rate at which grants are to be made under the regulations;
make the carrying out of work or the making of grants under the regulations dependent upon compliance with conditions;
make provision as to the funds out of which expenses incurred by responsible authorities under the regulations are to be defrayed;
make provision for the settlement of disputes arising under the regulations.
Without prejudice to the generality of paragraph (a) of subsection (2) above, regulations made by virtue of that paragraph may provide for the relevant level of noise or the relevant area in a particular case to be determined by reference to a document published by or on behalf of the Secretary of State or by any other authority or body or in such other manner as may be provided in the regulations.
If regulations under this section impose a duty or confer a power to carry out, or make a grant in respect of the cost of, work in respect of a building which is subject to a tenancy on a claim in that behalf made by the landlord or the tenant, provision may also be made by the regulations for enabling the work to be carried out notwithstanding the withholding of consent by the other party to the tenancy.
Regulations under this section may authorise or require local authorities to act as agents for responsible authorities in dealing with claims and in discharging or exercising the duties or powers of responsible authorities under the regulations, and may provide for the making by responsible authorities of payments to local authorities in respect of anything done by them as such agents.
Regulations under this section may authorise the council of a London borough to contribute towards expenses incurred under the regulations by a responsible authority in respect of the insulation of buildings against noise caused or expected to be caused by the use of any highway in that borough in relation to which an order has been made under section 6 of the Road Traffic Regulation Act 1967 or section 6 of the Road Traffic Regulation Act 1984 (traffic regulation orders in Greater London).
Regulations under this section may contain such supplementary provisions as appear to the Secretary of State to be necessary or expedient and may make different provision with respect to different areas or different circumstances.
The power to make regulations under this section shall be exercisable by statutory instrument.
A draft of any regulations under this section shall be laid before Parliament and the first regulations shall not be made unless the draft has been approved by a resolution of each House of Parliament.
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In this section “public works” and “responsible authority” have the same meaning as in section 1 above except that “public works” does not include an aerodrome and except that “responsible authority”, in relation to a highway, includes any authority having power to make an order in respect of that highway under section 1 or 6 of the Road Traffic Regulation Act 1984(traffic regulation orders).
The Secretary of State may make regulations empowering responsible authorities to make a payment, not exceeding an amount specified in the regulations, in respect of any dwelling which—
is not a building;
is occupied by a person as his only or main residence; and
is affected or likely to be affected by noise caused by the construction or use of public works.
Regulations under this section may—
make provision as to the level of noise giving rise to a power under the regulations and the area in which a dwelling must be situated if a power is to arise in respect of it;
specify the classes of public works and of dwellings in respect of which a power is to arise, and the classes of persons entitled to make claims, under the regulations; and
make provision as to the funds out of which expenses incurred by responsible authorities under the regulations are to be defrayed.
The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsections (3), (7) and (12) of section 20 above apply for the purposes of this section as they apply for the purposes of that.
Subject to subsection (3) below, a highway authority may acquire land compulsorily or by agreement for the purpose of mitigating any adverse effect which the existence or use of a highway constructed or improved by them, or proposed to be constructed or improved by them, has or will have on the surroundings of the highway.
Subject to subsection (3) below, a highway authority may acquire by agreement— if the interest of the vendor is one which falls within section 192(3) to (5) of the Town and Country Planning Act 1971 (interests qualifying for protection under blight provisions) taking references to the date of service of a notice under section 193 of that Act as references to the date on which the purchase agreement is made.
land the enjoyment of which is seriously affected by the carrying out of works by the authority for the construction or improvement of a highway;
land the enjoyment of which is seriously affected by the use of a highway which the authority have constructed or improved,
The powers conferred by subsection (2)(b) above shall not be exercisable unless the date on which the highway or, as the case may be, the improved highway is first open to public traffic falls on or after 17th October 1971 and the powers conferred by subsections (1) and (2)(a) above shall not be exercisable unless that date falls on or after 17th October 1972 ; and—
if that date falls not later than one year after the passing of this Act—
the powers conferred by subsection (1) above to acquire land compulsorily and the powers conferred by subsection (2)(a) above shall not be exercisable unless the acquisition is begun before the end of one year after the passing of this Act;
the powers conferred by subsection (1) above to acquire land by agreement and the powers conferred by subsection (2)(b) above shall not be exercisable unless the acquisition is begun before the end of one year after the passing of this Act or one year after that date, whichever ends later ;
if that date falls more than one year after the passing of this Act—
the powers mentioned in paragraph (a)(i) above shall not be exercisable unless the acquisition is begun before that date ;
the powers mentioned in paragraph (a)(ii) above shall not be exercisable unless the acquisition is begun before the end of one year after that date.
Where under the powers of this section a highway authority have acquired, or propose to acquire, land forming part of a common, open space or fuel or field garden allotment and other land is required for the purpose of being given in exchange for the first-mentioned land, the authority may acquire that other land compulsorily or by agreement.
A power to acquire land compulsorily conferred by this section on a local highway authority shall be exercisable in any particular case on their being authorised by the Secretary of State to exercise it; and the Acquisition of Land (Authorisation Procedure) Act 1946 shall have effect—
in relation to the compulsory acquisition of land under this section by a local highway authority, as if this section had been in force immediately before the commencement of that Act;
in relation to the compulsory acquisition of land under this section by the Secretary of State, as if this section had been in force immediately before the commencement of that Act and as if this section were included among the enactments specified in section 1(1)(b) of that Act.
For the purposes of subsection (3) above the acquisition of any land is begun— and where the compulsory acquisition of any land under subsection (1) is begun within the time limited by subsection (3) above but is not proceeded with, any subsequent compulsory acquisition of that land under subsection (1) above shall be treated for the purposes of this section as begun within that time.
if it is compulsory, on the date on which the notice required by paragraph 3(1)(a) of Schedule 1 to the said Act of 1946 is first published;
if it is by agreement, on the date on which the agreement is made;
For the purpose of assessing the compensation payable on the compulsory acquisition of land under this section— and in section 222(11) of that Act (application of Compulsory Purchase Act 1965 to acquisition of land by agreement under Part X of the said Act of 1959) the reference to the said Part X shall include a reference to this section.
the land shall be treated as if it were being acquired for the construction of the highway or, as the case may be, the improvement in question ;
section 222(6) of the Highways Act 1959 (matters to be taken into account by Lands Tribunal) shall, so far as applicable, apply as it does in relation to compulsory acquisition under the provisions there mentioned;
Section 214(5) and (6) of the said Act of 1959 (acquisition of land for preserving view from or other amenities of a highway) shall cease to have effect; and in section 10(1) of that Act (delegation of functions relating to trunk roads) for the words " under subsection (5) or subsection (6) of section two hundred and fourteen of this Act or under section two hundred and fifteen thereof" there shall be substituted the words " under section 215 of this Act or under section 22 of the Land Compensation Act 1973 ".
References in the Highways Act 1971 to highway land acquisition powers shall include references to the powers exercisable under this section.
In this section references to the construction or improvement of a highway include references to the construction or improvement of a highway by virtue of an order under section 9 or 13 of the Highways Act 1959 or section 1 of the Highways Act 1971.
In the application of this section to Scotland—
for the references to sections 192(3) to (5) and 193 of the Town and Country Planning Act 1971 there shall be substituted respectively references to sections 181(3) to (5) and 182 of the Town and Country Planning (Scotland) Act 1972;
in subsection (4) for the words " open space or fuel or field garden allotment" there shall be substituted the words " or open space ";
for references to the Acquisition of Land (Authorisation Procedure) Act 1946 there shall be substituted references to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ;
for the reference to section 222(6) of the Highways Act 1959 there shall be substituted a reference to section 35(3) of the Roads (Scotland) Act 1970;
for subsection (8) there shall be substituted—;
in subsection (10) for the words from " 9 " to the end there shall be substituted " 3 or 14 of the Special Roads Act 1949 or section 15 of the Roads (Scotland) Act 1970 ".
A highway authority may carry out— works for mitigating any adverse effect which the construction, improvement, existence or use of a highway has or will have on the surroundings of the highway.
on land acquired by them under section 22 above ;
on any other land belonging to them;
an any highway for which they are the highway authority;
on any highway which they have been authorised to improve or construct by virtue of an order under section 9 or 13 of the Highways Act 1959, section 1 of the Highways Act 1971, section 3 or 14 of the Special Roads Act 1949 or section 15 of the Roads (Scotland) Act 1970,
Without prejudice to the generality of subsection (1) above, the works that may be carried out under that subsection include the planting of trees, shrubs or plants of any other description and the laying out of any area as grassland.
A. highway authority may develop or redevelop any land acquired, by them under section 22 above, or any other land belonging to them, for the purpose of improving the surroundings of a highway in any manner which they think desirable by reason of its construction, improvement, existence or use.
For the purpose of mitigating any adverse effect which the construction, improvement, existence or use of a highway has or will have on the surroundings of the highway, the highway authority may enter into an agreement with any person interested in land adjoining or in the vicinity of the highway for restricting or regulating the use of the land either permanently or during such period as may be specified in the agreement; and any such agreement may, in particular, make provision for the planting and maintenance of trees, shrubs or plants of any other description on the land and for restricting the lopping or removal of trees, shrubs or other plants on the land.
An agreement under this section may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the highway authority to be necessary or expedient for the purposes of the agreement.
Subject to subsection (4) below, the provisions of any agreement made trader this section with any person interested in land shall be binding on persons deriving title from that person in respect of the land.
No provision shall be enforceable by virtue of subsection (3) above against a purchaser for money or money's worth of a legal estate in the land unless before completion of the purchase the agreement has been registered in the register of local land charges by the proper officer of the council of the district or London borough in which the land is situated in such manner as may be prescribed by rules made for the purposes of this subsection under section 19 of the Land Charges Act 1925 ; and in this subsection " purchaser " and " purchase " have the same meaning as in that Act.
This section is without prejudice to section 52 of the Town and Country Planning Act 1971 (agreements regulating development or use of land).
In the application of this section to Scotland—
for subsection (4) there shall be substituted—;
for the reference to section 52 of the said Act of 1971 there shall be substituted a reference to section 50 of the Town and Country Planning (Scotland) Act 1972.
The purposes for which advances may be made by the Secretary of State under section 235(1) of the Highways Act 1959 or section 8 of the Development and Road Improvement Funds Act 1909 shall include the exercise by a highway authority of any powers conferred by sections 22 to 24 above.
Subject to the provisions of this section, a responsible authority may acquire land by agreement for the purpose of mitigating any adverse effect which the existence or use of any public works has or will have on the surroundings of the works.
Subject to the provisions of this section, a responsible authority may acquire by agreement— if the interest of the vendor is a qualifying interest.
land the enjoyment of which is seriously affected by the carrying out of works by the authority for the construction or alteration of any public works;
land the enjoyment of which is seriously affected by the use of any public works,
The powers conferred by subsection (2)(b) above shall not be exercisable unless the date on which the public works or, as the case may be, the altered public works, are first used falls on or after 17th October 1971 and the powers conferred by subsections (1) and (2)(a) above shall not be exercisable unless that date falls on or after 17th October 1972; and—
if that date falls not later than one year after the passing of this Act—
the powers conferred by subsections (1) and (2)(b) above shall not be exercisable unless the acquisition is begun before the end of one year after the passing of this Act or one year after that date, whichever ends later;
the powers conferred by subsection (2)(a) above shall not be exercisable unless the acquisition is begun before the end of one year after the passing of this Act;
if that date falls more than one year after the passing of this Act—
the powers mentioned in paragraph (a)(i) above shall not be exercisable unless the acquisition is begun before the end of one year after that date;
the powers mentioned in paragraph (a)(ii) above shall not be exercisable unless the acquisition is begun before that date.
Where the responsible authority— they may, subject to the provisions of this section, acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the public works if the interest of the vendor is a qualifying interest.
propose to carry out works on blighted land for the construction or alteration of any public works, and
are, in relation to the land, the appropriate authority,
For the purposes of subsection (3) above the acquisition of any land shall be treated as begun when the agreement for its acquisition is made.
In this section—
“qualifying interest” has the meaning given in section 149(2) of the Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made, and
“appropriate authority” and “blighted land” have the meanings given respectively in sections 169(1) and 149(1) of that Act.
This section applies only where the responsible authority have statutory powers to acquire land (whether compulsorily or by agreement) for the purposes of their functions but would not, apart from this section, have power to acquire land as mentioned in subsections (1) (2) and (2A) above.
In this section “public works” and “responsible authority” have the same meaning as in section 1 above except that “public works” does not include a highway or any works forming part of a statutory undertaking as defined in section 336(1) of the Town and Country Planning Act 1990.
A responsible authority may carry out— works for mitigating any adverse effect which the construction, alteration, existence or use of any public works has or will have on the surroundings of the works.
if they have power to acquire land under section 26 above, on any land acquired by them under that section;
on any other land belonging to them,
Without prejudice to the generality of subsection (1) above, the works that may be carried out under that subsection include the planting of trees, shrubs or plants of any other description and the laying out of any area as grassland.
A responsible authority may—
develop or redevelop any land acquired by them under section 26 above, or any other land belonging to them, for the purpose of improving the surroundings of public works in any manner which they think desirable by reason of the construction, alteration, existence or use of the works;
dispose of any land acquired by them under section 26 above.
This section applies only where the responsible authority are a body incorporated by or under any enactment and has effect only for extending the corporate powers of any such authority.
In this section “public works” and “responsible authority” have the same meaning as in section 1 above except that “public works” does not include a highway
This section has effect where works are carried out— and the carrying out of those works affects the enjoyment of a dwelling adjacent to the site on which they are being carried out to such an extent that continued occupation of the dwelling is not reasonably practicable.
by a highway authority for the construction or improvement of a highway; or
by a responsible authority for the construction or alteration of any public works other than a highway,
Subject to subsection (3) below, the highway authority or responsible authority, as the case may be, may pay any reasonable expenses incurred by the occupier of the dwelling in providing suitable alternative residential accommodation for himself and members of his household for the whole or any part of the period during which the works are being carried out.
No payment shall be made to any person under this section in respect of any expenses except in pursuance of an agreement made between that person and the authority concerned before the expenses are incurred; and no payment shall be so made except in respect of the amount by which the expenses exceed those which that person would have incurred if the dwelling had continued to be occupied.
In this section “public works” and “responsible authority” have the same meaning as in section 1 above.
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the compulsory acquisition of an interest in the dwelling;
the making of a housing order in respect of the dwelling;
he shall, subject to the provisions of this section and sections 32 and 32A below, be entitled to receive a payment (hereafter referred to as a “home loss payment”) from
where paragraph (a) above applies, the acquiring authority;
where paragraph (b) above applies, the authority who made the housing order;
where paragraph (c) above applies, the authority carrying out the improvement or redevelopment; ...
where paragraph (d) above applies, the housing association carrying out the improvement or redevelopment and
the carrying out of any improvement to a house or building on the land or of re-development on the land by a housing association which has previously acquired the land and at the date of the displacement is either a private registered provider of social housing or a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act);
where paragraph (e) or (f) above applies, the landlord.
where the land has been previously acquired by an authority possessing compulsory purchase powers or appropriated by a local authority and is for the time being held by the authority for the purposes for which it was acquired or appropriated, the carrying out of any improvement to the dwelling or of redevelopment on the land,
A person shall not be entitled to a home loss payment unless the following conditions have been satisfied throughout the period of one year ending with the date of displacement— but, if those conditions are satisfied on the date of displacement, a payment (referred to in this section and sections 32 and 33 below as a “ discretionary payment ”) may be made to him of an amount not exceeding the amount to which he would have been entitled if he had satisfied those conditions throughout that period.
he has been in occupation of the dwelling, or a substantial part of it, as his only or main residence; and
he has been in such occupation by virtue of an interest or right to which this section applies,
For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of the compulsory acquisition of an interest therein if he gives up his occupation thereof before the date on which the acquiring authority were authorised to acquire that interest, but, subject to that, it shall not be necessary for the acquiring authority to have required him to give up his occupation of the dwelling.
This section applies to the following interests and rights—
any interest in the dwelling;
a right to occupy the dwelling—
as a statutory tenant within the meaning of theRent (Agriculture) Act 1976 or the Rent Act 1977, or
under a contract to which section 19 of the Rent Act 1977 (restricted contracts) applies or would apply if the contract or dwelling were not excluded by section 19(3) to (5) or 144 of that Act
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a right to occupy the dwelling under a contract of employment.
a right to occupy the dwelling under a licence where—
it is a right to occupy as a protected occupier within the meaning of the Rent (Agriculture) Act 1976,
Part IV of the Housing Act 1985 (secure tenancies) applies to the licence, ...
the licence is an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 , or
Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies) applies to the licence,
the licence is a secure contract, or
the licence is an introductory standard contract.
For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of the carrying out of any improvement to the dwelling unless he is permanently displaced from it in consequence of the carrying out of that improvement.
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For the purposes of this section a person must not be treated as displaced from a dwelling in consequence only of the compulsory acquisition of part of a garden or yard or of an outhouse or appurtenance belonging to or usually enjoyed with the building which is occupied or is intended to be occupied as the dwelling.
Where an authority possessing compulsory purchase powers acquire the interest of any person in a dwelling by agreement, then, in relation to any other person who is displaced from the dwelling in consequence of the acquisition, subsections (1) to (4) above shall have effect as if the acquisition were compulsory and the authority (if not authorised to acquire the interest compulsorily) had been so authorised on the date of the agreement.
In this section “ a housing order ” means—
a prohibition order under section 20 or 21 of the Housing Act 2004, or
a demolition order under section 265 of the Housing Act 1985.
an undertaking accepted under section 16(4) of the said Act of 1957, section 60(2) of the said Act of 1969 or section 15(4)(i) of the said Act of 1966 ;
Where an interest in a dwelling is vested in trustees (other than a sole tenant for life within the meaning of the Settled Land Act 1925) and a person beneficially entitled (whether directly or derivatively) under the trusts is entitled or permitted by reason of his interest to occupy the dwelling, he shall be treated for the purposes of this section as occupying it by virtue of an interest in the dwelling. . . .
This section applies if the date of displacement is on or after 17th October 1972.
In this section—
In the case of a person who on the date of displacement is occupying, or is treated for the purposes of section 29 above as occupying, the dwelling by virtue of an interest in it which is an owner’s interest, the amount of the home loss payment shall be 10 per cent. of the market value of his interest in the dwelling or, as the case may be, the interest in the dwelling vested in trustees, subject to a maximum of £15,000 and a minimum of £1,500.
where the date of displacement is before 1st April 1973, an amount equal to the rateable value of the dwelling multiplied by seven;
where the date of displacement is on or after 1st April 1973, an amount equal to the rateable value of the dwelling multiplied by three ;
In any other case, the amount of the home loss payment shall be £1,500.
For the purposes of this section and section 32 below the market value of an interest in a dwelling— and any dispute as to the amount referred to in paragraph (b) above shall be determined by the Upper Tribunal.
in a case where the interest is compulsorily acquired, is the amount assessed for the purposes of the acquisition as the value of the interest (and in a case where the compulsory purchase order authorising the acquisition directs 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), the market value is the value assessed in accordance with that section); and
in any other case, is the amount which, if the interest were being compulsorily acquired in pursuance of a notice to treat served on the date of displacement, would be assessed for the purposes of the acquisition as the value of the interest,
if neither paragraph (a) nor paragraph (b) of this subsection applies to the dwelling, its rateable value shall be determined by the valuation officer in accordance with the General Rate Acts 1967 and 1970.
In determining for the purposes of this section and section 32 below the market value of an interest in a dwelling, the dwelling shall be taken to include any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that dwelling.
The Secretary of State may from time to time by regulations prescribe a different maximum or minimum for the purposes of subsection (1) above and a different amount for the purposes of subsection (2) above.
The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “ owner’s interest ” means the interest of a person who is an owner as defined in section 7 of the Acquisition of Land Act 1981.
This section applies where, by reason of the entitlement of one spouse or civil partner (“A”) to occupy a dwelling by virtue of an interest or right to which section 29 above applies, the other spouse or civil partner (“B”) acquires home rights (within the meaning of Part IV of the Family Law Act 1996) .
So long as— B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 30 below).
those home rights continue,
B is in occupation of the dwelling and A is not, and
B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies,
References in this section to a dwelling include a reference to a substantial part of it.
Subject to subsection (2) below, the amount of a home loss payment in Scotland shall be an amount equal to the rateable value of the dwelling multiplied by six, subject to a maximum of £1,500 and a minimum of £150.
The Secretary of State may from time to time by order prescribe a different multiplier and a different maximum or minimum for the purposes of subsection (1) above; and the power to make orders under this subsection shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of this section the rateable value of a dwelling shall be determined as follows—
if the dwelling consists of lands and heritages for which a rateable value is shown in the valuation roll in force on the date of displacement, it shall be that rateable value;
if the dwelling forms part only of such lands and heritages or consists or forms part of more than one unit of such lands and heritages, an apportionment or aggregation of the rateable value or values so shown shall be made by the assessor and the rateable value of the dwelling shall be taken to be the amount certified by him as being the amount which, on such an apportionment or aggregation, is properly attributable to the dwelling;
if neither paragraph (a) nor paragraph (b) of this subsection applies to the dwelling, its rateable value shall be determined by the assessor in accordance with the Valuation Acts.
This section shall be construed as one with the Valuation and Rating (Scotland) Act 1956.
No home loss payment or discretionary payment shall be made except on a claim in writing made by the claimant giving such particulars as the authority responsible for making the payment may reasonably require for the purpose of determining whether the payment should be made and, if so, its amount.
Where a person is entitled to a home loss payment, the payment shall be made on or before the latest of the following dates—
the date of displacement;
the last day of the period of three months beginning with the making of the claim; and
where the amount of the payment is to be determined in accordance with section 30(1) above, the day on which the market value of the interest in question is agreed or finally determined.
Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period shall be treated for the purposes of that subsection as including any immediately preceding period throughout which— and references in this subsection and subsection (3A) below to a dwelling include a reference to a substantial part of it.
he has resided in the dwelling as his only or main residence but without satisfying those conditions, and
another person or other persons have satisfied those conditions,
Where the amount of the payment is to be determined in accordance with section 30(1) above—
the acquiring authority may at any time make a payment in advance; and
if, on the later of the dates referred to in subsection (2)(a) and (b) above, the market value of the interest in question has not been agreed or finally determined, the acquiring authority shall make a payment in advance (where they have not already done so).
Where a person (“the deceased”) entitled to a home loss payment dies without having claimed it, a claim to the payment may be made, by any person, not being a minor, who—
throughout a period of not less than one year ending with the date of displacement of the deceased, has resided in the dwelling, or a substantial part of it, as his only or main residence; and
is entitled to benefit by virtue of testamentary dispositions taking effect on, or the law of intestate succession or the right of survivorship between joint tenants as applied to, the death of the deceased.
The amount of the payment in advance shall be the lesser of—
the maximum amount for the purposes of section 30(1) above,
10 per cent. of the amount agreed to be the market value of the interest in question or, if there is no such agreement, 10 per cent. of the acquiring authority’s estimate of that amount.
Where the claimant has successively been in occupation of or resided in different dwellings in the same building, being dwellings consisting of a room or rooms not constructed or structurally adapted for use as a separate dwelling, section 29(2) above and subsections (3) to (4) above shall have effect as if those dwellings were the same dwelling.
Where the amount of a payment in advance differs from the amount of the home loss payment, the shortfall or excess shall be paid by or, as the case may be, repaid to the acquiring authority when the market value of the interest in question is agreed or finally determined.
Where there are two or more persons entitled to make a claim to a home loss payment in respect of the same dwelling (whether by virtue of joint occupation or of subsection (4) above) the payment to be made on each claim shall be equal to the whole amount of the home loss payment divided by the number of such persons.
Where an interest in a dwelling is acquired by agreement by an authority possessing compulsory purchase powers, the authority may, in connection with the acquisition, make to the person from whom the interest is acquired a payment corresponding to any home loss payment or discretionary paymentwhich they would be required or authorised to make to him if the acquisition were compulsory and the authority had been authorised to acquire that interest before he gave up occupation of the dwelling.
Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period (or that period as extended under subsection (3) above) shall be treated for the purposes of section 29(2) above as including any immediately preceding period, or successive periods, throughout which he satisfied the conditions mentioned in section 29(2) above in relation to another dwelling or, as the case may be, other dwellings (applying subsection (3) above to determine the length of any period or periods).
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for the word " minor " there shall be substituted the words " person under the age of eighteen ";
in paragraph (b)—
for the words from " testamentary" to " tenants " there shall be substituted the words " a testamentary disposition or any other deed with testamentary effect taking effect on, or the law of intestate succession " , and
at the end there shall be added the following words— " or a right to jus relicti, jus relictae or legitim out of the deceased's estate. ".
For the purposes of the Limitation Act 1939 a person’s right of action to recover a home loss payment shall be deemed to have accrued on the date of displacement.
Where a landlord obtains possession by agreement of a dwelling subject to a secure tenancy within the meaning of Part IV of the Housing Act 1985 and— the landlord may make to any person giving up possession or occupation a payment corresponding to any home loss payment or discretionary payment which they would be required or authorised to make to him if an order for possession had been made on either of those grounds.
notice of proceedings for possession of the dwelling has been served, or might have been served, specifying ground 10 or 10A in Part II of Schedule 2 to that Act, or
the landlord has applied, or could apply, to the Secretary of State or the Regulator of Social Housing . . . for approval for the purposes of ground 10A of a redevelopment scheme including the dwelling, or part of it,
Where a landlord obtains possession by agreement of a dwelling in Wales subject to a tenancy which is a secure contract and— the landlord may make to any person giving up possession or occupation a payment corresponding to any home loss payment or discretionary payment which they would be required or authorised to make to that person if an order for possession had been made on either of those grounds.
notice of proceedings for possession of the dwelling has been served, or might have been served, specifying ground A or ground B of the estate management grounds in Part 1 of Schedule 8 to the Renting Homes (Wales) Act 2016 (anaw 1), or
the landlord has applied, or could apply, to the Welsh Ministers for approval for the purposes of estate management ground B of a scheme for the disposal and redevelopment of an area of land consisting of or including the whole or part of the dwelling,
Sections 29 to 32A above shall, so far as applicable, have effect in relation to a person residing in a caravan on a caravan site who is displaced from that site as they have effect in relation to a person displaced from a dwelling on any land but shall so have effect subject to the following modifications.
No home loss payment or discretionary payment shall be made to any person by virtue of this section except where no suitable alternative site for stationing a caravan is available to him on reasonable terms.
Subsection (1) of section 29 above shall have effect as if for the words preceding paragraph (a) there were substituted the words “Where a person residing in a caravan on a caravan site is displaced from that site in consequence of” and subsection (2) of that section shall have effect as if for paragraphs (a) and (b) there were substituted—
Section 30 above shall have effect as if the references to a person occupying a dwelling by virtue of an interest in it and to his interest in the dwelling were to a person occupying a caravan site by virtue of an interest in it and to that interest.
paragraph (b) were omitted ; and
in paragraphs (a) and (c) for the word " dwelling " there were substituted the words " caravan site together with a caravan ".
Section 32 above shall have effect—
as if in subsections (3) and (3A) the references to a dwelling were to a caravan site;
as if in subsection (4) for the words “resided in the dwelling, or a substantial part of it” there were substituted the words “resided in a caravan on the caravan site”; and
as if for subsection (5) there were substituted—
Sections 29 to 32A above shall have effect as if in any provision not modified as aforesaid for any reference to a dwelling or land there were substituted a reference to a caravan site.
In this section “caravan site” means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed.
This section applies to a person if—
the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition),
a notice falling within subsection (4) has been served on the person in relation to the land,
at the relevant time the notice has effect or is operative, and
the person has failed to comply with any requirement of the notice.
This section also applies to a person if—
the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition),
a copy of an order falling within subsection (5) has been served on the person in relation to the land, and
the order has not been quashed on appeal.
No payment may be made under section 29 to a person to whom this section applies.
These are the notices—
a notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land);
a notice under section 11 of the Housing Act 2004 (improvement notice relating to category 1 hazard);
a notice under section 12 of that Act (improvement notice relating to category 2 hazard);
a notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 138 of the Historic Environment (Wales) Act 2023 (asc 3) (repairs notice prior to notice of compulsory acquisition of listed building).
These are the orders—
an order under section 20 of the Housing Act 2004 (prohibition order relating to category 1 hazard);
an order under section 21 of that Act (prohibition order relating to category 2 hazard);
an order under section 43 of that Act (emergency prohibition orders);
an order under section 265 of the Housing Act 1985 (demolition order relating to category 1 or 2 hazard).
For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs—
in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—
the compulsory purchase order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;
the compulsory purchase order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;
a decision is made under section 13BA(2)(a) of that Act (decision that conditions subject to which order was confirmed have been met);
a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met);
in the case of a compulsory acquisition which is to be authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made;
in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served;
in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed.
In subsection (6), references to a compulsory acquisition are to the compulsory acquisition in consequence of which the person is displaced.
The appropriate national authority may by regulations amend subsections (4) and (5).
In this section—
The power to make regulations under subsection (8) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of—
either House of Parliament, in the case of regulations made by the Secretary of State;
Senedd Cymru, in the case of regulations made by the Welsh Ministers.
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Where land constituting or included in an agricultural unit is land in respect of which the person in occupation of the unit has an owner's interest, then if— he shall, subject to the provisions of this section and section 36 below, be entitled to receive a payment (hereafter referred to as a " farm loss payment") from the acquiring authority.
in consequence of the compulsory acquisition of his interest in the whole of that land (" the land acquired ") he is displaced from the whole of that land ; and
not more than three years after the date of displacement he begins to farm another agricultural unit (" the new unit") elsewhere in Great Britain,
In subsection (1) above "owner's interest" means a freehold interest or a tenancy granted or extended for a term of years certain of which not less than three years remain unexpired on the date of displacement.
For the purposes of this section a person is displaced from land in consequence of the compulsory acquisition of his interest therein if, and only if, he gives up possession thereof— and references in this section and section 35 below to the date of displacement are references to the date on which the person concerned gives up possession as aforesaid.
on being required to do so by the acquiring authority;
on completion of the acquisition; or
where the acquiring authority permit him to remain in possession of the land under a tenancy or licence of a kind not making him a tenant as defined in the Agricultural Holdings Act 1948, on the expiration of that tenancy or licence ;
No farm loss payment shall be made to any person unless on the date on which he begins to farm the new unit he is in occupation of the whole of that unit in right of a freehold interest therein or a tenancy thereof, not having been entitled to any such interest or tenancy before the date on which the acquiring authority were authorised to acquire his interest in the land acquired.
No farm loss payment shall be made by virtue of the displacement of a person from any land if he is entitled to a payment under section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 in consequence of the acquisition of an interest in, or the taking of possession of, that land.
No farm loss payment shall be made to any person displaced from land in consequence of the compulsory acquisition of his interest therein if the acquisition of his interest in the whole or any part of that land is in pursuance of the service by him of a blight notice within the meaning of section 192 of the Town and Country Planning Act 1971 or a notice under section 11 of the New Towns Act 1965.
In the application of this section to Scotland—
for subsection (2) there shall be substituted—
in subsection (3)(c) for the words " Agricultural Holdings Act 1948 " there shall be substituted the words " Agricultural Holdings (Scotland) Act 1949 ";
in subsection (4) for the words " a freehold interest" there shall be substituted the words " an interest as owner thereof ";
in subsection (6) for the words " section 192 of the Town and Country Planning Act 1971" and " the New Towns Act 1965 " there shall be substituted respectively the words " section 181 of the Town and Country Planning (Scotland) Act 1972 " and " the New Towns (Scotland) Act 1968 ".
This section applies if the date of displacement is on or after 17th October 1972.
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Subject to the provisions of this section, the amount of any farm loss payment shall be equal to the average annual profit derived from the use for agricultural purposes of the agricultural land comprised in the land acquired; and that profit shall be computed by reference to the profits for the three years ending with the date of displacement or, if the person concerned has then been in occupation for a shorter period, that period.
Where accounts have been made up in respect of the profits of the person concerned for a period or consecutive periods of twelve months and that period or the last of them ends not more than one year before the date of displacement, subsection (1) above shall have effect as if the date on which that period or the last of those periods ends were the date of the displacement.
Where the date of displacement is determined in accordance with section 34(3)(c) above and the person concerned has on that date been in occupation for more than three years, he may elect that the average annual profit shall, instead of being computed by reference to the profits for the years mentioned in subsection (1) above, be computed by reference to the profits for—
any three consecutive periods of twelve months for which accounts in respect of his profits have been made up, being periods for which he has been in occupation and the last of which ends on or after the date of completion of the acquisition ; or
if there are no such periods as aforesaid, any three consecutive years for which he has been in occupation and the last of which ends on or after the date mentioned in paragraph (a) above.
In calculating the profits mentioned in subsection (1) above there shall be deducted a sum equal to the rent that might reasonably be expected to be payable in respect of the agricultural land comprised in the land acquired if it were let for agricultural purposes to a tenant responsible for rates, repairs and other outgoings; and that deduction shall be made whether or not the land is in fact let and, if it is, shall be made to the exclusion of any deduction for the rent actually payable.
In calculating the profits mentioned in subsection (1) above there shall be left out of account profits from any activity if a sum in respect of loss of profits from that activity would fall to be included in the compensation, so far as attributable to disturbance, for the acquisition of the interest in the land acquired.
Where the value of the agricultural land comprised in the land acquired exceeds the value of the agricultural land comprised in the new unit the amount of the farm loss payment shall be proportionately reduced.
For the purposes of subsection (6) above the value of any land shall be assessed—
on the basis of its value as land used solely for agriculture and as for a freehold interest therein (or, in Scotland, an interest as owner thereof) with vacant possession;
by reference to the condition of the land and its surroundings and to prices current—
in the case of the land comprised in the land acquired, on the date of displacement;
in the case of land comprised in the new unit, on the date on which the person concerned begins to farm the new unit;
in accordance with rules (2) to (4) of the rules set out in section 5 of the Land Compensation Act 1961 or section 12 of the Land Compensation (Scotland) Act 1963;
without regard to the principal dwelling, if any, comprised in the same agricultural unit as that land.
The amount of a farm loss payment shall not be greater than the amount, if any, by which—
that payment, calculated apart from this subsection, together with compensation for the acquisition of the interest in the land acquired assessed on the assumptions mentioned in section 5(2), (3) and (4) above (including any sum included as compensation for disturbance), exceeds
the compensation actually payable for the acquisition of that interest.
Any dispute as to the amount of a farm loss payment shall be referred to and determined by the Lands Tribunal or, in Scotland, the Lands Tribunal for Scotland.
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Subject to subsection (7) below, no farm loss payment shall be made except on a claim in that behalf made by the person entitled thereto before the expiration of the period of one year beginning with the date on which the requirement in section 34(1)(b) above is complied with, and any such claim shall be in writing and shall be accompanied or supplemented by such particulars as the acquiring authority may reasonably require to enable them to determine whether that person is entitled to a payment and, if so, its amount.
Where the agricultural unit containing the land acquired is occupied for the purposes of a partnership firm sections 34 and 35 above shall have effect in relation to the firm and not the partners individually (any interest of a partner in the land acquired being treated as an interest of the firm) except that the requirements in section 34 as to the new unit shall be treated as complied with in relation to the firm as soon as they are complied with by any one of the persons who were members of the firm.
Where a person dies before the expiration of the period for making a claim to a farm loss payment and would have been entitled to such a payment if he had made a claim within that period, a claim to that payment may be made, before the expiration of that period, by his personal representative.
Where an interest in land is acquired by agreement by an authority possessing compulsory purchase powers, the authority may, in connection with the acquisition, make to the person from whom the interest is acquired a payment corresponding to any farm loss payment which they would be required to make to him if the acquisition were compulsory and the authority (if not authorised to acquire the interest compulsorily) had been so authorised on the date of the agreement.
Where a farm loss payment is made to any person the authority making the payment shall also pay any reasonable valuation or legal expenses incurred by that person for the purposes of the preparation and prosecution of his claim to the payment; but this subsection is without prejudice to the powers of the Lands Tribunal or the Lands Tribunal for Scotland in respect of the costs or expenses of proceedings before the Tribunal by virtue of section 35(9) above.
A farm loss payment shall carry interest, at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961 or, in Scotland, section 40 of the Land Compensation (Scotland) Act 1963, from the date mentioned in subsection (1) above until payment.
Where the date mentioned in subsection (1) above is before the passing of this Act the period within which a claim to a farm loss payment can be made shall be the period of one year beginning with the date of the passing of this Act.
This section applies to a person—
if he has a qualifying interest in land,
if the interest is acquired compulsorily, and
to the extent that he is not entitled to a home loss payment in respect of any part of the interest.
In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to payment of whichever is the lower of the following amounts—
2.5% of the value of the interest;
£25,000.
In a case where the qualifying interest is in land in Wales, a person to whom this section applies is entitled to payment of whichever is the lower of the following amounts—
7.5% of the value of his interest;
£75,000.
A payment under this section must be made by the acquiring authority.
An interest in land is a qualifying interest if it is a freehold interest or an interest as tenant and (in either case) it subsists for a period of not less than one year ending with whichever is the earliest of—
the date on which the acquiring authority takes possession of the land under section 11 of the Compulsory Purchase Act 1965 (entry to take possession of land);
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the vesting date (within the meaning of the Compulsory Purchase (Vesting Declarations) Act 1981) if a declaration is made under section 4 of that Act (general vesting declaration);
the date on which compensation is agreed between the person and the acquiring authority;
the date on which the amount of compensation is determined by the Upper Tribunal.
The compulsory acquisition of an interest in land includes acquisition of the interest in consequence of the service of—
a purchase notice under section 137 of the Town and Country Planning Act 1990 (right to require purchase of certain interests);
a notice under section 150 of that Act (purchase of blighted land).
The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition (including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored)); but this is subject to subsections (7) and (8).
If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.
If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.
This section applies to a person if—
he has a qualifying interest in land for the purposes of section 33A,
the land is agricultural land,
the interest is acquired compulsorily, and
he occupied the land for the period specified in section 33A(4).
In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
7.5% of the value of the interest;
the land amount;
the buildings amount.
But the maximum amount which may be paid to a person under subsection (1A) in respect of an interest in land is £75,000.
In a case where the qualifying interest is in land in Wales, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
2.5% of the value of his interest;
the land amount;
the buildings amount.
But the maximum amount which may be paid to a person under subsection (2) in respect of an interest in land is £25,000.
A payment under this section must be made by the acquiring authority.
The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition (including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored)); but this is subject to subsections (6) and (7).
If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.
If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.
In the case of land in England, the land amount is the greater of £900 and the amount found in accordance with the following Table— Area of the land Amount per hectare Not exceeding 100 hectares £300 per hectare or part of a hectare Exceeding 100 hectares £300 per hectare for the first 100 hectares; £150 per hectare for the next 300 hectares or part of a hectare.
In the case of land in Wales, the land amount is the greater of £300 and the amount found in accordance with the following Table— Area of the land Amount per hectare Not exceeding 100 hectares £100 per hectare or part of a hectare Exceeding 100 hectares (a) £100 per hectare for the first 100 hectares; (b) £50 per hectare for the next 300 hectares or part of a hectare.
In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.
In the case of land in Wales the buildings amount is £25 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.
The gross floor space must be measured externally.
This section applies to a person if—
he has a qualifying interest in land for the purposes of section 33A,
the land is not agricultural land,
the interest is acquired compulsorily, and
he occupied the land for the period specified in section 33A(4).
In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
7.5% of the value of the interest;
the land amount;
the buildings amount.
But the maximum amount which may be paid to a person under subsection (1A) in respect of an interest in land is £75,000.
In a case where the qualifying interest is in land in Wales, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
2.5% of the value of his interest;
the land amount;
the buildings amount.
But the maximum amount which may be paid to a person under subsection (2) in respect of an interest in land is £25,000.
A payment under this section must be made by the acquiring authority.
The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition (including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored)); but this is subject to subsections (6) and (7).
If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.
If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.
In the case of land in England, the land amount is the greater of—
£7,500;
£7.50 per square metre (or part of a square metre) of the area of the land.
But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (7A)(a) there is substituted £900.
In the case of land in Wales, the land amount is the greater of—
£2,500;
£2.50 per square metre (or part of a square metre) of the area of the land.
But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (8)(a) there is substituted £300.
In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross internal floor space of any buildings on the land.
In the case of land in Wales, the buildings amount is £25 per square metre (or part of a square metre) of the gross internal floor space of any buildings on the land.
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This section applies to a person if—
he is a person to whom section 33A, 33B or 33C applies,
a notice falling within subsection (4) has been served on him in relation to the land mentioned in that section,
at the relevant time the notice has effect or is operative, and
he has failed to comply with any requirement of the notice.
This section also applies to a person if—
he is a person to whom section 33A, 33B or 33C applies,
a copy of an order falling within subsection (5) has been served on him in relation to the land mentioned in that section, and
the order has not been quashed on appeal.
No payment may be made under section 33A, 33B or 33C to a person to whom this section applies.
These are the notices—
notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land);
notice under section 11 of the Housing Act 2004 (improvement notice relating to category 1 hazard);
notice under section 12 of that Act (improvement notice relating to category 2 hazard);
notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 138 of the Historic Environment (Wales) Act 2023 (repairs notice prior to compulsory notice of acquisition of listed building).
These are the orders—
an order under section 20 of the Housing Act 2004 (prohibition order relating to category 1 hazard);
an order under section 21 of that Act (prohibition order relating to category 2 hazard);
an order under section 43 of that Act (emergency prohibition orders);
an order under section 265 of the Housing Act 1985 (demolition order relating to category 1 or 2 hazard).
For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs—
in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—
the compulsory purchase order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;
the compulsory purchase order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;
a decision is made under section 13BA(2)(a) of that Act (decision that conditions subject to which order was confirmed have been met);
a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met);
in the case of a compulsory acquisition which is to be authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made;
in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served;
in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed.
In subsection (6)—
The Secretary of State may by regulations amend subsections (4) and (5).
This section applies for the purposes of sections 33A to 33C.
A claim for payment must be made in writing to the acquiring authority.
The claim must give such particulars as the authority may reasonably require for the purpose of deciding—
whether a payment is to be made;
the amount of any such payment.
For the purposes of the Limitation Act 1980 a person’s right of action to recover a payment must be taken to have accrued—
in the case of a claim under section 33A on the last day of the period specified in subsection (4) of that section;
in the case of a claim under section 33B or 33C on the date of his displacement from the land.
This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E insolvency proceedings are started in relation to the person.
Any of the following may make a claim instead of the person mentioned in subsection (1)—
a receiver, trustee in bankruptcy or the official receiver in the case of an individual;
an administrator, administrative receiver, liquidator or provisional liquidator or the official receiver in the case of a company or a partnership.
Insolvency proceedings are—
proceedings in bankruptcy;
proceedings under the Insolvency Act 1986 for the winding up of a company or an unregistered company (including voluntary winding up of a company under Part 4 of that Act);
proceedings for the winding up of a partnership.
This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E the person dies (the deceased).
A claim may be made by a person who—
occupied the land for a period of not less than one year ending with the date on which the deceased is displaced from the land, and
is entitled to benefit on the death of the deceased by virtue of a ground mentioned in subsection (3).
The grounds are—
a testamentary disposition;
the law of intestate succession;
the right of survivorship between joint tenants.
This section applies if a person is entitled in respect of the same interest in agricultural land to a payment both—
under section 33B of this Act, and
by virtue of section 12(1) of the Agriculture (Miscellaneous Provisions) Act 1968 (additional payments in consequence of compulsory acquisition of agricultural holding).
Payment may be made in respect of only one entitlement.
If the person makes a claim under both provisions he must be paid in respect of the entitlement which produces the greater amount.
Any dispute as to the amount of a payment to be made under section 33A, 33B or 33C must be determined by the Upper Tribunal.
The acquiring authority must make any payment required by section 33A not later than whichever is the latest of the following dates—
the last day of the period specified in section 33A(4);
the last day of the period of three months beginning with the day the claim is made;
the day on which the amount of the payment is determined.
The authority must make any payment required by section 33B or 33C not later than whichever is the latest of the following dates—
the date the person is displaced from the land;
the last day of the period of three months beginning with the day the claim is made;
the day on which the amount of the payment is determined.
If paragraph (c) of subsection (2) or (3) applies the authority may at any time make a payment in advance to the person entitled to a payment (the claimant).
If when the value of the interest is agreed or determined the amount of a payment made under subsection (4) differs from the payment required by section 33A, 33B or 33C—
the amount by which the advance payment exceeds the payment required must be repaid by the claimant to the authority;
the amount by which the payment required exceeds the advance payment must be paid by the authority to the claimant.
The acquiring authority must pay interest on the amount required to be paid at the rate prescribed by regulations under section 32 of the Land Compensation Act 1961.
Interest accrues from the date specified in paragraph (a) of subsection (2) or (3) (as the case may be).
The authority may, at the request of the person entitled to the payment, make a payment on account of the interest mentioned in subsection (6).
This section applies if—
an interest in land which is a qualifying interest for the purpose of section 33A is acquired by agreement by an authority which has power to acquire the interest compulsorily, and
the interest is acquired from a person who would be entitled to a payment under section 33A, 33B or 33C if the interest is acquired compulsorily.
The authority may make a payment to the person of an amount equal to the amount they would be required to pay if the interest is acquired compulsorily.
This section applies for the purposes of sections 33A to 33I.
The Secretary of State may by regulations substitute for any amount or percentage figure specified in these sections such other amount or percentage figure (as the case may be) as he thinks fit.
Except as provided in the following provisions of this section, a power to make regulations must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
This subsection applies to regulations under subsection (2) which substitute—
a percentage figure, or
an amount, in a case where the change in value condition is not satisfied.
A statutory instrument containing regulations to which subsection (4) applies must not be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.
The change in value condition is satisfied if the Secretary of State thinks that in the case of the substitution of an amount it is expedient to make the substitution in consequence of changes in the value of money or land.
Regulations under subsection (2) may make different provision for different purposes.
the acquisition of the land by an authority possessing compulsory purchase powers;
the making of a housing order in respect of a house or building on the land;
where the land has been previously acquired by an authority possessing compulsory purchase powers or appropriated by a local authority and is for the time being held by the authority for the purposes for which it was acquired or appropriated, the carrying out of any improvement to a house or building on the land or of redevelopment on the land,
A person shall not be entitled to a disturbance payment— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in any case, unless he is in lawful possession of the land from which he is displaced;
in a case within subsection (1)(a) above, unless either—
he has no interest in the land for the acquisition or extinguishment of which he is (or if the acquisition or extinguishment were compulsory would be) entitled to compensation under any other enactment; or
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in a case within subsection (1)(b) above, if he is entitled to a payment under section 584A(1) of the Housing Act 1985 (compensation payable in case of prohibition and demolition orders).
in a case within subsection (1)(d) above, unless the displacement occurred on or after 31st July 1974 (on which date the Housing Act 1974 was passed).
For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of any such acquisition improvement or redevelopment as is mentioned in paragraph (a), (c) or (d) of that subsection unless he was in lawful possession of the land— and a person shall not be treated as displaced in consequence of a housing order within paragraph (b) of that subsection unless he was in lawful possession as aforesaid at the time when the order was made.
in the case of land acquired under a compulsory purchase order, at the time when notice was first published of the making of the compulsory purchase order prior to its submission for confirmation or, where the order did not require confirmation, of the preparation of the order in draft;
in the case of land acquired under an Act specifying the land as subject to compulsory acquisition, at the time when the provisions of the Bill for that Act specifying the land were first published;
in the case of land acquired by agreement, at the time when the agreement was made;
Where a person is displaced from land in circumstances such that, apart from this subsection, he would be entitled to a disturbance payment from any authority and also to compensation from that authority under section 37 of the Landlord and Tenant Act 1954 (compensation from landlord where order for new tenancy of business premises precluded on certain grounds) he shall be entitled, at his option, to one or the other but not to both.
For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the carrying out of any improvement to a house or building unless he is permanently displaced in consequence of the carrying out of that improvement.
Where a person is displaced from any land as mentioned in subsection (1) above but is not entitled, as against the authority there mentioned, to a disturbance payment or to compensation for disturbance under any other enactment, the authority may, if they think fit, make a payment to him determined in accordance with section 38(1) to (3) below.
A disturbance payment shall carry interest, at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961. . . , from the date of displacement until payment.
This section does not apply to any land which is used for the purposes of agriculture.
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In this section “a housing order. . . ...”“improvement” and “redevelopment” have the same meaning as in section 29 above.
This section applies if the date of displacement is on or after 17th October 1972.
The amount of a disturbance payment shall be equal to—
the reasonable expenses of the person entitled to the payment in removing from the land from which he is displaced; and
if he was carrying on a trade or business on that land, the loss he will sustain by reason of the disturbance of that trade or business consequent upon his having to quit the land.
In estimating the loss of any person for the purposes of subsection (1)(b) above, regard shall be had to the period for which the land occupied by him may reasonably have been expected to be available for the purposes of his trade or business and to the availability of other land suitable for that purpose. This subsection has effect subject to section 46(7) below.
Where the displacement is from a dwelling in respect of which structural modifications have been made for meeting the special needs of a disabled person (whether or not the person entitled to the disturbance payment) then, if— for making those modifications, the amount of the disturbance payment shall include an amount equal to any reasonable expenses incurred by the person entitled to the payment in making, in respect of a dwelling to which the disabled person removes, comparable modifications which are reasonably required for meeting the disabled person’s special needs.
a local authority in England having functions under Part 1 of the Care Act 2014 or a local authority in Wales having functions under Part 4 of the Social Services and Well-being (Wales) Act 2014 , . . . , provided assistance, or
such an authority would, if an application had been made, have provided assistance,
Any dispute as to the amount of a disturbance payment shall be referred to and determined by the Upper Tribunal . . . .
Where a person is displaced from residential accommodation on any land in consequence of— and suitable alternative residential accommodation on reasonable terms is not otherwise available to that person, then, subject to the provisions of this section, it shall be the duty of the relevant authority to secure that he will be provided with such other accommodation.
the acquisition of the land by an authority possessing compulsory purchase powers;
the making of a housing order in respect of a house or building on the land;
where the land has been previously acquired by an authority possessing compulsory purchase powers or appropriated by a local authority and is for the time being held by the authority for the purposes for which it was acquired or appropriated, the carrying out of any improvement to a house or building on the land or of redevelopment on the land,
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Subsection (1) above shall not by virtue of paragraph (a) thereof apply to a person if the acquisition is in pursuance of the service by him of a blight notice within the meaning of section 149 of the Town and Country Planning Act 1990 . . .
Subsection (1) above shall not apply to any person who is a trespasser on the land or who has been permitted to reside in any house or building on the land pending its demolition or improvement.
Subsection (1) above shall not apply to any person to whom money has been advanced— for the purpose of enabling him to obtain accommodation in substitution for that from which he is displaced as mentioned in that subsection.
under section 41 below;
under the Small Dwellings Acquisition Acts 1899 to 1923 or section 43 of the Housing (Financial Provisions) Act 1958 or section 435 of the Housing Act 1985;
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by a development corporation or the new towns residuary body otherwise than under section 41 below,
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For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of any such acquisition improvement or redevelopment as is mentioned in paragraph (a) or (c) of that subsection unless he was residing in the accommodation in question— and a person shall not be treated as displaced in consequence of a housing order within paragraph (b) of that subsection unless he was residing in the accommodation in question at the time when the order was made.
in the case of land acquired under a compulsory purchase order, at the time when notice was first published of the making of the order prior to its submission for confirmation or, where the order did not require confirmation, of the preparation of the order in draft;
in the case of land acquired under an Act specifying the land as subject to compulsory acquisition, at the time when the provisions of the Bill for the Act specifying the land were first published;
in the case of land acquired by agreement, at the time when the agreement was made;
Subject to subsection (8) below, the ’relevant authority’ for the purpose of this section is the local housing authority within the meaning of the Housing Act 1985.
where the land is in a London borough, the council of that borough or the Greater London Council if they have agreed with that council to discharge the functions of the latter under this section;
where the land is in any other area or district, the local authority having functions in relation to that area under Part V of the Housing Act 1957 or that district under Part VII of the Housing (Scotland) Act 1966.
For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the carrying out of any improvement to a house or building unless he is permanently displaced from the residential accommodation in question in consequence of the carrying out of that improvement.
Where the land is in an area designated as the site of a new town—
paragraph (c) of subsection (1) above shall apply if the land on which the redevelopment is carried out has been previously acquired by the development corporation and is for the time being held either by that corporation or by the new towns residuary body;
if the authority by whom the land is acquired or redeveloped is the development corporation, that corporation shall, in a case falling within paragraph (a) or (c) of that subsection, be the relevant authority for the purposes of this section;
if the authority by whom the land is redeveloped is the new towns residuary body, that body shall, in a case falling within paragraph (c) of that subsection, be the relevant authority for the purposes of this section.
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In this section—
“a housing order . . . ...” “improvement” and “redevelopment” have the same meaning as in section 29 above.
“new towns residuary body” means—
in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 or the Greater London Authority so far as exercising its new towns and urban development functions; and
in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.
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Section 39 above shall, so far as applicable, have effect in relation to a person residing in a caravan on a caravan site who is displaced from that site as it has effect in relation to a person displaced from residential accommodation on any land but shall so have effect subject to the following modifications.
Subsection (1) of the said section 39 shall have effect—
as if for the words preceding paragraph (a) there were substituted the words “Where a person residing in a caravan on a caravan site is displaced from that site in consequence of”; and
as if for the words following paragraph (c) there were substituted the words “and neither suitable residential accommodation nor a suitable alternative site for stationing a caravan is available to that person on reasonable terms, then, subject to the provisions of this section, it shall be the duty of the relevant authority to secure that he will be provided with suitable residential accommodation”.
Subsection (6) of the said section 39 shall have effect as if in the words preceding paragraph (a) for the words “unless he was residing in the accommodation in question” there were substituted the words “unless he was residing in a caravan on the caravan site in question”.
The said section 39 shall have effect as if in any provision not modified as aforesaid for any reference to land there were substituted a reference to a caravan site.
In this section “caravan site” has the same meaning as in section 33 above.
Where a person displaced from a dwelling in consequence of any of the matters mentioned in subsection (1)(a), (b) or (c) of section 39 above— the relevant authority for the purposes of that section may advance money to him for the purpose of enabling him to acquire or construct the other dwelling.
is an owner-occupier of the dwelling; and
wishes to acquire or construct another dwelling in substitution for that from which he is displaced,
The power conferred by this section shall be exercisable subject to such conditions as may be approved by the Secretary of State and the following provisions shall apply with respect to any advance made in the exercise of that power.
The advance shall be made—
on terms providing for the payment of the principal— subject, in either case, to a provision for earlier repayment on the happening of a specified event;
at the end of a fixed period, with or without a provision allowing the authority to extend that period; or
upon notice given by the authority,
on such other terms as the authority may think fit having regard to all the circumstances.
An advance for the construction of a dwelling may be made by instalments from time to time as the works of construction progress.
The principal of the advance, together with interest thereon, shall be secured by a mortgage of the borrower’s interest in the dwelling, and the amount of the principal shall not exceed the value which, in accordance with a valuation duly made on behalf of the relevant authority, it is estimated that the borrower’s interest will bear or, as the case may be, will bear when the dwelling has been constructed.
Before advancing money under this section the relevant authority shall satisfy themselves that the dwelling to be acquired is or will be made, or that the dwelling to be constructed will on completion be, in all respects fit for human habitation.
While the payment of the principal of an advance made by a local authority under this section is not required in accordance with the terms of the advance, the local authority may suspend, with respect to so much of any sum borrowed by them as is referable to the advance or with respect to any sum paid in respect of the advance out of their Consolidated Loans Fund, any periodical provision for repayment that may be required by any enactment or by any scheme (whether made under section 55 of the Local Government Act 1958 or under any local enactment) by which the Fund was established.
The power conferred by this section on a relevant authority is without prejudice to any power to advance money exercisable by the authority under any other enactment.
In this section “owner-occupier”, in relation to any dwelling, means a person who occupies it on the date of displacement and either—
occupies it on that date in right of a freehold interest therein or a tenancy thereof granted or extended for a term of years certain of which not less than three years remain unexpired; or
if the displacement is in consequence of the matters mentioned in paragraph (c) of section 39(1) above, occupied it in right of such an interest or tenancy on the date on which the land was acquired or appropriated as mentioned in that paragraph.
In this section references to the construction of a dwelling include references to the acquisition of a building and its conversion into a dwelling and to the conversion into a dwelling of a building previously acquired.
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in subsection (5) for the reference to a mortgage there shall be substituted a reference to a heritable security ;
in subsection (6) for the words from "is or will" to the end there shall be substituted the words " meets or will meet the tolerable standard as determined for the purposes of the Housing (Scotland) Act 1969 by section 2 of that Act ";
in subsection (7) for the words from " or with respect " to the end there shall be substituted the words " any periodical provision for repayment that may be required by any enactment ";
in subsection (9)—
in paragraph (a) for the words from " a freehold interest" to " certain " there shall be substituted the words " an owner's interest or a lease " , and at the end there shall be added the following words " or by virtue of a tenancy or other interest to which the Crofters (Scotland) Acts 1955 and 1961 or the Small Landholders (Scotland) Acts 1886 to 1931 apply;
in paragraph (b) for the word " tenancy" there shall be substituted the words " lease or by virtue of such a tenancy or interest ".
Where a relevant authority within the meaning of section 39 above provide or secure the provision of accommodation for any person in pursuance of subsection (1)(a) or (c) of that section, then, if— the displacing authority shall make to the rehousing authority periodical payments, or if the rehousing authority so require a lump sum payment, by way of indemnity against any net loss in respect of the rehousing authority’s provision of that accommodation which may be incurred by that authority in any year during the period of ten years commencing with the year in which the accommodation is first provided.
the authority providing the accommodation (“the rehousing authority”) are not the same as the authority by whom the land in question is acquired or redeveloped (“the displacing authority”); and
the displacing authority are not an authority having functions under Part II of the Housing Act 1985 or (if they are such an authority) the land is acquired or redeveloped by them otherwise than in the discharge of those functions
For the purposes of subsection (1) above a local authority incur a net loss in respect of their provision of accommodation for a person whom they are rehousing—
if they rehouse him in a dwelling provided by them under Part II of the said Act 1985, , for the purpose of rehousing him; or
if—
they rehouse him in a Housing Revenue Account dwelling not so provided , and
provide under the said Part II in the year immediately preceding that in which he first occupies it, or in the period of three years commencing with the year in which he first occupies it, a dwelling of a similar type or size.
Where money has been advanced to a person as mentioned in section 39(4) above, then if— the displacing authority shall make to the lending authority a lump sum payment by way of indemnity against that loss.
the authority making the advance (“the lending authority”) are not the same as the displacing authority; and
the lending authority incur a net loss in respect of the making of the advance,
For the purposes of subsection (3) above, a lending authority incur a net loss in respect of the making of an advance to any person if—
he does not fully discharge his liability to the authority in respect of principal, interest and costs or expenses in accordance with the terms on which the advance is made; and
the deficiency exceeds the net proceeds arising to the authority on a sale of the interest on which the principal and interest is secured.
The Secretary of State may—
for the purposes of subsection (1) above from time to time determine a method to be used generally in calculating net losses incurred by rehousing authorities;
for the purposes of that subsection or subsection (3) above, determine the net loss incurred by a rehousing authority or lending authority in any particular case;
give directions as to the manner in which any payment under this section is to be made.
In subsection (2)— ’Housing Revenue Account dwelling’ means a dwelling which is within the authority’s Housing Revenue Account (within the meaning of Part VI of the Local Government and Housing Act 1989)
Where a person displaced from a dwelling in consequence of any of the events specified in paragraphs (a) to (d) of section 39(1)above— then, according to the nature of the event in consequence of which he was displaced, the acquiring authority, the authority who made the order, passed the resolution, accepted the undertaking or served the notice or the authority carrying out the improvement or redevelopment may pay any reasonable expenses incurred by him in connection with the acquisition, other than the purchase price.
has no interest in the dwelling or no greater interest therein than as tenant for a year or from year to year; and
wishes to acquire another dwelling in substitution for that from which he is displaced,
No payment shall be made under this section in respect of expenses incurred by any person in connection with the acquisition of a dwelling unless the dwelling is acquired not later than one year after the displacement and is reasonably comparable with that from which he is displaced.
For the purposes of subsection (2) above a dwelling acquired pursuant to a contract shall be treated as acquired when the contract is made.
Subsections (3) (6) and (6A) of section 39 above shall have effect in relation to subsection (1) above and to any provision of subsection (1) of that section as applied thereby.
Where land is acquired or taken from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land acquired or taken from him.
In this section “compensation for injurious affection” means compensation for injurious affection under section 63 or 121 of the Lands Clauses Consolidation Act 1845 or section 7 or 20 of the Compulsory Purchase Act 1965, and subsection (1) above shall apply with the necessary modifications to such compensation under the said section 7 as substituted by paragraph 6 of Schedule 19 to the Highways Act 1980, paragraph 7 of Schedule 3 to the Gas Act 1986 paragraph 3 of Schedule 9 to the Water Industry Act 1991 or of Schedule 18 to the Water Resources Act 1991 (compulsory acquisition of rights over land) or any corresponding enactment, including (except where otherwise provided) an enactment passed after this Act.
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This section applies to the assessment of compensation in respect of the compulsory acquisition of an interest in a dwelling which—
has been constructed or substantially modified to meet the special needs of a disabled person; and
is occupied by such a person as his residence immediately before the date when the acquiring authority take possession of the dwelling or was last so occupied before that date.
The compensation shall, if the person whose interest is acquired so elects, be assessed as if the dwelling were land which is devoted to a purpose of such a nature that there is no general demand or market for land for that purpose.
Where a person is carrying on a trade or business on any land and, in consequence of the compulsory acquisition of the whole of that land, is required to give up possession thereof to the acquiring authority, then if— the compensation payable to that person in respect of the compulsory acquisition of his interest in the land or, as the case may be, under section 121 of the Lands Clauses Consolidation Act 1845 or section 20 of the Compulsory Purchase Act 1965 (tenants from year to year etc.) shall, so far as attributable to disturbance, be assessed on the assumption that it is not reasonably practicable for that person to carry on the trade or business or, as the case may be, the part thereof the goodwill of which he has retained, elsewhere than on that land.
on the date on which he gives up possession as aforesaid he has attained the age of sixty; and
on that date the land is or forms part of a hereditament the annual value of which does not exceed the prescribed amount; and
that person has not disposed of the goodwill of the whole of the trade or business and gives to the acquiring authority the undertakings mentioned in subsection (3) below,
In subsection (1) above “the prescribed amount” means the amount which on the date mentioned in that subsection is the amount prescribed for the purposes of section 149(3)(a) of the Town and Country Planning Act 1990 (interests qualifying for protection under planning blight provisions) and “annual value” and “hereditament” have the meanings given in section 171 of that Act taking references to the date of service of a notice under section 150 of that Act as references to the date mentioned in subsection (1) above.
The undertakings to be given by the person claiming compensation are—
an undertaking that he will not dispose of the goodwill of the trade or business, or, as the case may be, of the part thereof the goodwill of which he has retained; and
an undertaking that he will not, within such area and for such time as the acquiring authority may require, directly or indirectly engage in or have any interest in any other trade or business of the same or substantially the same kind as that carried on by him on the land acquired.
If an undertaking given by a person for the purposes of this section is broken the acquiring authority may recover from him an amount equal to the difference between the compensation paid and the compensation that would have been payable if it had been assessed without regard to the provisions of this section.
This section shall apply to a trade or business carried on by two or more persons in partnership as if references to the person by whom it is carried on were references to all the partners and as if the undertakings mentioned in subsection (3) above were required to be given by all the partners.
This section shall apply to a trade or business carried on by a company— In this subsection “shareholder” means a person who is beneficially entitled to a share or shares in the company carrying voting rights and “minority shareholder” means a person who is so entitled to less than 50 per cent, of those shares.
as if subsection (1)(a) above required—
each shareholder, other than a minority shareholder, to be an individual who has attained the age of sixty on the date there mentioned; and
each minority shareholder to be an individual who either has attained that age on that date or is the spouse of a shareholder who has attained that age on that date; and
as if the undertakings mentioned in subsection (3)(b) above were required to be given both by the company and by each shareholder.
This section shall apply in relation to any disturbance payment assessed in accordance with section 38(1)(b) above as it applies in relation to the compensation mentioned in subsection (1) above, and shall so apply subject to the necessary modifications and as if references to the giving up of possession of land to the acquiring authority in consequence of its compulsory acquisition were references to displacement as mentioned in section 37 above.
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This section applies where—
in pursuance of an enactment providing for the acquisition or taking of possession of land compulsorily an acquiring authority—
acquires the interest of the landlord in land subject to a tenancy, or
acquires the interest of the tenant in, or takes possession of, land subject to a tenancy, and
before the authority acquired the interest or took possession of the land, the tenant under the tenancy was carrying on a trade or business on the land.
The principles in subsections (3) and (4) are to be applied in assessing the compensation payable by the authority to the landlord or the tenant in respect of the acquisition of the interest in or the taking of possession of the land or, as the case may be, under section 121 of the Lands Clauses Consolidation Act 1845 or section 20 of the Compulsory Purchase Act 1965 (tenants from year to year etc).
Regard must be had to—
the likelihood of the continuation or renewal of the tenancy,
in the case of a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (security of tenure for business tenants) applies, the right of the tenant to apply for the grant of a new tenancy,
the total period for which the tenancy may reasonably have been expected to continue, including after any renewal, and
the terms and conditions on which a tenancy may reasonably have been expected to be renewed or continued.
It is to be assumed that neither the acquiring authority nor any other authority possessing compulsory purchase powers have acquired or propose to acquire any interest in the land.
Subject to subsection (1A) below this section has effect where in pursuance of any enactment providing for the acquisition or taking of possession of land compulsorily an acquiring authority—
acquire the interest of the landlord in an agricultural holding or any part of it; or
acquire the interest of the tenant in, or take possession of, an agricultural holding or any part of it.
In assessing the compensation payable by the acquiring authority to the landlord in connection with any such acquisition of an interest as is mentioned in subsection (1)(a) above—
there shall be disregarded any right of the landlord to serve a notice to quit, and any notice to quit already served by the landlord, which would not be or would not have been effective if—
in Case B in Part I of Schedule 3 to the Agricultural Holdings Act 1986 (land required for non-agricultural use for which planning permission has been granted etc.) the reference to the land being required did not include a reference to its being required by an acquiring authority; and
in section 27(3)(f) of that Act (proposed termination of tenancy for purpose of land’s being used for non-agricultural use not falling within the said Case B the reference to the land’s being used did not include a reference to its being used by an acquiring authority; and
if the tenant has quitted the holding or any part of it by reason of a notice to quit which is to be so disregarded, it shall be assumed that he has not done so.
This section does not have effect where the tenancy of the agricultural holding is a tenancy to which, by virtue of section 4 of the Agricultural Tenancies Act 1995, the Agricultural Holdings Act 1986 does not apply.
In assessing the compensation payable by the acquiring authority to the tenant in connection with any such acquisition of an interest or taking of possession of land as is mentioned in subsection (1)(b) above (hereafter referred to as “the tenant’s compensation”), there shall be disregarded any right of the landlord to serve a notice to quit, and any notice to quit already served by the landlord, which would not be or would not have been effective if the said Case B and section 27(3)(f) were construed in accordance with subsection (2)(a)(i) and (ii) above.
Section 42 of the Agriculture (Miscellaneous Provisions) Act 1968 (tenant’scompensation to be assessed without regard to his prospects of remaining in possession after contractual date) and section 15(1) of that Act (effect on tenant’s compensation of provision enabling landlord to resume possession for non-agricultural use) shall cease to have effect.
The tenant’s compensation shall be reduced by an amount equal to any payment which the acquiring authority are liable to make to him, in respect of the acquisition or taking of possession in question, under section 12 of the said Act of 1968 (additional payments by acquiring authority in circumstances described in subsection (1)(b) above).
If the tenant’s compensation as determined in accordance with subsections (3) to (5) above is less than it would have been if those subsections had not been enacted, it shall be increased by the amount of the deficiency.
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in subsections (2) and (3), for the references to sections 24(2)(b) and 25(1)(e) of the Agricultural Holdings Act 1948 there shall be substituted respectively references to sections 25(2)(c) and 26(1)(e) of the Agricultural Holdings (Scotland) Act 1949;
after subsection (2)(a) there shall be inserted the following—
at the end of subsection (2)(b) there shall be inserted the following—and;
in subsection (3), after the word " disregarded " there shall be inserted the word " (a) " , and at the end there shall be added the words—and;
after subsection (6) there shall be inserted the following subsection—
In assessing the tenant’s compensation no account shall be taken of any benefit which might accrue to the tenant by virtue of section 60(2)(b) of the Agricultural Holdings Act 1986 (additional payments by landlord for distrubance); and in this subsection the reference to the said section 60(2)(b) does not include a reference to it as applied by section 12 of the Agricultural (Miscellaneous Provisions) Act 1968.
This section has effect where in pursuance of any enactment providing for the acquisition or taking of possession of land compulsorily an acquiring authority—
acquire the interest of the landlord in an agricultural holding which is a croft; or
take possession of a croft.
In assessing the compensation payable by the acquiring authority to the landlord of a croft in connection with any such acquisition of an interest as is mentioned in subsection (1)(a) above—
there shall be disregarded any right of the landlord to apply to the Scottish Land Court under section 12 of the Crofters (Scotland) Act 1955 for authority to resume the croft and any such authority already granted which would not be or would not have been effective if in that section the reference to resuming the croft did not include a reference to its being resumed for the purpose of its being required by the acquiring authority ; and
if the crofter has surrendered his croft under the said section 12 by reason of an authority which is to be so disregarded it shall be assumed that he has not done so.
In assessing the compensation payable by the acquiring authority to the crofter in connection with any such taking of possession of a croft as is mentioned in subsection (1)(b) above, there shall be disregarded any right of the landlord to apply to the Scottish Land Court under the said section 12 for authority to resume the croft or any such authority already granted which would not be or would not have been effective if the said section 12 were construed in accordance with subsection (2)(a) above.
If the compensation payable to the crofter as determined in accordance with subsection (3) above is less than it would have been if that subsection had not been enacted, it shall be increased by the amount of the deficiency.
This section shall apply to part of a croft as it applies to an entire croft.
This section shall apply to the holding or part of the holding of a landholder as it applies to a croft or part of a croft except that for any reference to a croft, crofter or section 12 of the Crofters (Scotland) Act 1955 there shall be substituted respectively a reference to a holding, landholder or section 2 of the Crofters Holdings (Scotland) Act 1886.
This section shall apply to the holding or part of the holding of a statutory small tenant as it applies to a croft or part of a croft except that—
for any reference to a croft, crofter or section 12 of the Crofters (Scotland) Act 1955 there shall be substituted respectively a reference to a holding, statutory small tenant or section 32(15) of the Small Landholders (Scotland) Act 1911;
in subsection (2)(b), for the words " crofter has surrendered his croft under the said section 12 " there shall be substituted the words " landlord has resumed the holding under the said section 32(15) ";
after subsection (3) there shall be inserted the following subsection—;
in subsection (4), for the words " subsection (3)" there shall be substituted the words " subsections (3) and (3A) ".
The amount of compensation payable in respect of the compulsory acquisition of an interest in land shall not be subject to any reduction on account of the fact that the acquiring authority have provided, or undertake to provide or arrange for the provision of, or another authority will provide, residential accommodation under any enactment for the person entitled to the compensation.
In assessing the compensation payable in respect of the compulsory acquisition of an interest in land which on the date of service of the notice to treat is subject to a tenancy, there shall be left out of account any part of the value of that interest which is attributable to, or to the prospect of, the tenant giving up possession after that date in consequence of being provided with other accommodation by virtue of section 39(1)(a) above; and for the purpose of determining the date by reference to which that compensation is to be assessed the acquiring authority shall be deemed, where the tenant gives up possession as aforesaid, to have taken possession on the date on which it is given up by the tenant.
Subsection (1) above shall apply in relation to any payment to which a person is entitled under Part III of this Act as it applies in relation to the compensation mentioned in that subsection taking references to the acquiring authority as references to the authority responsible for making that payment.
Subsection (2) above shall apply in relation to a case where a notice to treat is deemed to have been served by virtue of Part III of the Compulsory Purchase (Vesting Declarations) Act 1981 (general vesting declarations) as it applies in relation to a case where a notice to treat is actually served.
Where the Secretary of State proposes to make an order under section 1 of the New Towns Act 1981 designating any area as— and the purpose or main purpose, or one of the main purposes, for which the order is proposed to be made is the provision of housing or other facilities required in connection with or in consequence of the carrying out of any public development, he may, before making the order, give a direction specifying that development for the purposes of this section in relation to that area.
the site of a new town; or
an extension of the site of a new town,
Where the area mentioned in paragraph 3 or 3A in the first column of Schedule 1 to the Land Compensation Act 1961 (cases where land acquired forms part of site of new town or extension of site of new town) is an area to which a direction under this section relates, then, in the circumstances described in that paragraph— shall respectively include any increase or diminution in value, and any increase in value, which is attributable to the carrying out or the prospect of the public development specified in the direction.
the increase or diminution in value to be left out of account by virtue of section 6 of that Act (compensation to be assessed without regard to development attributable to designation of new town) or any rule of law relating to the assessment of compensation in respect of compulsory acquisition; and
the increase in value to be taken into account by virtue of section 7 of that Act (reduction of compensation where other land benefited by such development),
No direction shall be given under this section in relation to any area until the Secretary of State has prepared a draft of the order under section 1 of the said Act of 1981in respect of that area and has published the notice required by paragraph 2 of Schedule 1 to that Act.
Any direction under this section shall be given by order; and any order containing such a direction may be varied or revoked by a subsequent order.
The power to make orders under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “public development” means development (whether or not in the area designated under section 1 of the said Act of 1981) in the exercise of statutory powers by— and includes such development which has already been carried out when the direction in respect of it is given as well as such development which is then proposed.
a government department;
any statutory undertakers within the meaning of the Town and Country Planning Act 1990or any body deemed by virtue of any enactment to be statutory undertakers for the purposes of, or of any provision of, that Act; or
without prejudice to paragraph (b) above, any body having power to borrow money with the consent of a Minister,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for any reference to section 1 of the New Towns Act 1965 and for the reference in subsection (3) to paragraph 2 of Schedule 1 to that Act there shall be substituted respectively a reference to section 1 of the New Towns (Scotland) Act 1968 and to paragraph 2 of Schedule 1 to that Act;
in subsection (2), for the references to sections 6 and 7 of the Land Compensation Act 1961 and to paragraphs 3 and 3A in the first column of Schedule 1 to that Act there shall be substituted respectively references to sections 13 and 14 of the Land Compensation (Scotland) Act 1963 and to paragraphs 3 and 3A in the first column of Schedule 1 to that Act;
in subsection (6)(b), for the reference to the Town and Country Planning Act 1971 there shall be substituted a reference to the Town and Country Planning (Scotland) Act 1972.
An acquiring authority may make an advance payment on account of compensation payable by them for the compulsory acquisition of an interest in land if a request has been made under subsection (2) after the compulsory acquisition has been authorised.
A request for advance payment must be made in writing by the person entitled to it (“the claimant”) and must include—
details of the claimant's interest in the land, and
information to enable the acquiring authority to estimate the amount of the compensation in respect of which the advance payment is to be made.
In a case where the compulsory acquisition is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority may not make an advance payment if they have not taken possession of the land, but must do so if they have.
Subject to subsection (6) below, the amount of any advance payment under this section shall be equal to 90 per cent. of the following amount, that is to say—
if the acquiring authority and the claimant have agreed on the amount of the compensation, the agreed amount;
in any other case, an amount equal to the compensation as estimated by the acquiring authority.
In all other cases, an acquiring authority must make an advance payment under subsection (1) if, before or after the request is made, the authority—
give a notice of entry under section 11(1) of the Compulsory Purchase Act 1965, or
execute a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of that land.
An advance payment required by subsection (1A) must be made—
before the end of the day on which the authority take possession of the land, or
if later, before the end of the period of two months beginning with the day on which the authority—
received the request for the advance payment, ...
received any further information required under subsection (2A)(b), or
received any further information required under section 52ZC(2)(b).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Within 28 days of receiving a request, the acquiring authority must—
determine whether they have enough information to estimate the amount of compensation, and
if they need more information, require the claimant to provide it.
If the land is subject to a mortgage sections 52ZA and 52ZB apply.
Any advance payment on account of compensation in respect of an interest which is settled land for the purposes of the Settled Land Act 1925 shall be made to the persons entitled to give a discharge for capital money and shall be treated as capital money arising under that Act.
Before an acquiring authority make an advance payment under this section on account of compensation in respect of any interest in land they shall deposit with the council of the district or London borough or Welsh county or county borough in which the land is situated particulars of the payment to be made, the compensation and the interest in land to which it relates;. . .
An advance payment required by subsection (1B) must be made—
before the end of the day on which the notice of entry is given or the general vesting declaration is executed, or
if later, before the end of the period of two months beginning with the day on which the authority—
received the request for the advance payment, ...
received any further information required under subsection (2A)(b), or
received any further information required under section 52ZC(2)(b).
Where a local land charge is registered in the ... local land charges register pursuant to subsection (8A) above and the advance payment to which the charge relates is made to the claimant, then if thereafter the amount of the advance payment together with any amount paid under section 52A shall be set off against any sum payable by the authority to that other person in respect of the compulsory acquisition of the interest acquired or the compulsory acquisition or release of the interest created.
the claimant's interest in some or all of the land is acquired by another person, or
the claimant creates an interest in some or all of the land in favour of a person other than the acquiring authority,
Where, at any time after an advance payment has been made on the basis of the acquiring authority’s estimate of the compensation, it appears to the acquiring authority that their estimate was too low, they shall, if a request in that behalf is made in accordance with subsection (2) above, pay to the claimant the balance of the amount of the advance payment calculated as at that time.
Where an advance payment has been made under this section on account of any compensation—
section 76 of the Lands Clauses Consolidation Act 1845 and section 9 of the Compulsory Purchase Act 1965 (refusal of owner to convey on tender of compensation) shall have effect as if references to the compensation were references to the balance thereof remaining unpaid . . .
neither section 11(1) of the said Act of 1965 nor any bond under Schedule 3 to that Act or under section 85 of the said Act of 1845 (interest on compensation where possession is taken before payment) shall require the acquiring authority to pay interest, in respect of any time after the date of the advance payment, on so much of the compensation as corresponds to that payment.
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This section shall apply to compensation for the compulsory acquisition of a right over land as it applies to compensation for the compulsory acquisition of an interest in land, and shall so apply with the necessary modifications and as if references to taking possession of the land were references to first entering it for the purpose of exercising the right.
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in subsection (6) for any reference to a mortgage or mortgagee there shall be substituted respectively a reference to a heritable security or a heritable creditor ;
subsections (7) and (11) shall be omitted ;
for subsection (8) there shall be substituted the following subsection—;
in paragraph (c) of subsection (10) for the words from the beginning to " 1965 " there shall be substituted the words " section 75 of the Lands Clauses Consolidation (Scotland) Act 1845 " and in paragraph (b) of that subsection for the words from the beginning to " section 85 " there shall be substituted the words " no bond under section 84 ";
in subsection (12) after the words " a right" there shall be inserted the words " in or ".
Any particulars deposited pursuant to subsection (8) above shall be a local land charge and for the purposes of the Local Land Charges Act 1975 the council with whom any such particulars are deposited shall be treated as the originating authority as respects the charge thereby constituted.
Where the amount or aggregate amount of any payments under section 52 made on the basis of the acquiring authority's estimate of the compensation exceeds the compensation as finally determined or agreed, the excess is to be repaid.
If after any payment under section 52 has been made to any person it is discovered that the person was not entitled to it, the person must repay it.
If the notice to treat relating to an interest in land in relation to which an acquiring authority have made a payment to a claimant under section 52 is withdrawn or has ceased to have effect before the authority take possession of the land, the authority may by notice require the claimant to pay them an amount equal to the amount of the payment, unless another person has acquired the whole of the claimant's interest in the land.
Subsection (5) applies where—
a payment made to a claimant has been registered as a local land charge in accordance with section 52(8A),
the whole of the claimant's interest in land has subsequently been acquired by another person (a “successor”),
any notice to treat given in relation to the interest is withdrawn or ceases to have effect before the acquiring authority take possession of the land, and
the authority notify the successor that they are not going to give the successor a notice to treat (or a further notice to treat) for the interest.
The authority may by notice require the successor to pay them an amount equal to the amount of any payment made to the claimant under section 52.
A notice under subsection (3) or (5) must specify the date by which the claimant or successor must pay the amount.
The date mentioned in subsection (6) must be after the period of two months beginning with the day on which the authority give the notice under subsection (3) or (5).
Neither subsection (3) nor subsection (5) affects a right to compensation under section 31(3) or (3A) of the Land Compensation Act 1961 or section 5(2C)(b) of the Compulsory Purchase Act 1965.
This section applies if—
a request is made for an advance payment under section 52(1) in respect of land,
the authority is required by section 52(1A) or (1B) to make the advance payment, and
the land is subject to a mortgage the principal of which does not exceed 90% of the relevant amount.
The advance payment made to the claimant must be reduced by the amount the acquiring authority think will be required by them to secure the release of the interest of the mortgagee (or all the mortgagees if there is more than one).
The acquiring authority must pay to the mortgagee the amount the acquiring authority think will be required by them to secure the release of the mortgagee’s interest, if—
the claimant so requests, and
the mortgagee consents to the making of the payment.
If there is more than one mortgagee—
subsection (3) applies to each mortgagee individually, but
payment must not be made to a mortgagee before the interest of each mortgagee whose interest has priority to his interest is released.
The amount of the advance payment made to the claimant under section 52 and the amount of the payments made to mortgagees under this section must not in aggregate exceed 90% of the relevant amount.
Subsection (7) applies if—
the acquiring authority estimated the compensation,
it appears to the acquiring authority that their estimate was too low and they revise the estimate, and
a request is made by the claimant in accordance with section 52(2).
The provisions of subsections (2) to (5) must be re-applied on the basis of the revised estimate.
This section applies if—
a request is made for an advance payment under section 52(1) in respect of land,
the authority would be required by section 52(1A) or (1B) to make the advance payment if it were not for this section, and
the land is subject to a mortgage the principal of which exceeds 90% of the relevant amount.
No advance payment is to be made to the claimant.
But the acquiring authority must pay to the mortgagee the amount found under subsection (4), if—
the claimant so requests, and
the mortgagee consents to the making of the payment.
The amount is whichever is the lesser of—
90% of the value of the land;
the principal of the mortgagee’s mortgage.
The value of the land is the value—
agreed by the claimant and the acquiring authority, or (failing such agreement)
estimated by the acquiring authority.
For the purposes of subsection (5) the value of the land is to be calculated in accordance with rule 2 of section 5 of the Land Compensation Act 1961 (market value), whether or not compensation is or is likely to be assessed in due course in accordance with rule 5 of that section (equivalent re-instatement).
If there is more than one mortgagee, payment must not be made to a mortgagee until the interest of each mortgagee whose interest has priority to his interest is released.
But the total payments under subsection (3) must not in any event exceed 90% of the value of the land.
Subsection (10) applies if—
the acquiring authority estimated the compensation,
it appears to the acquiring authority that their estimate was too low and they revise the estimate,
the condition in section 52ZA(1)(c) would have been satisfied if the revised estimate had been used instead of their estimate, and
a request is made by the claimant in accordance with section 52(2).
The provisions of section 52ZA(2) to (5) must be applied on the basis of the revised estimate.
If— any balance found to be due to a mortgagee on the basis of the revised estimate is payable in accordance with this section.
the acquiring authority estimated the value of the land,
it appears to the acquiring authority that their estimate was too low and they revise the estimate, and
a request is made by the claimant in writing,
This section applies for the purposes of sections 52ZA and 52ZB.
Within 28 days of receiving a request for a payment under section 52ZA or 52ZB, the acquiring authority must—
determine whether they have enough information to give effect to section 52ZA or, as the case may be, 52ZB, and
if they need more information, require the claimant to provide it.
A request under section 52ZA(3) or 52ZB(3) must be made in writing and must be accompanied by the written consent of the mortgagee.
In a case where the compulsory acquisition to which the request relates is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority must make any payment under section 52ZA or 52ZB—
before the end of the day on which the authority take possession of the land, or
if later, before the end of the period of two months beginning with the day on which the authority—
received the request under section 52ZA(3) or 52ZB(3), ...
received any further information required under subsection (2), or
received any further information required under section 52(2A)(b).
In all other cases, the authority must make any payment under section 52ZA or 52ZB—
before the end of the day on which the notice of entry is given or the general vesting declaration is executed, or
if later, before the end of the period of two months beginning with the day on which the authority—
received the request under section 52ZA(3) or 52ZB(3), ...
received any further information required under subsection (2), or
received any further information required under section 52(2A)(b).
Subsections ... (8) to (9) of section 52 apply to a payment which may be or is made under section 52ZA or 52ZB as they apply to a payment which may be or is made under section 52.
The relevant amount is the amount of the compensation agreed or estimated as mentioned in section 52(3).
If the land is subject to more than one mortgage, the reference in sections 52ZA(1)(c) and 52ZB(1)(c) to the principal is to the aggregate of the principals of all of the mortgagees.
A payment made to a mortgagee under section 52ZA or 52ZB—
must be applied by the mortgagee in or towards the discharge of the principal, interest and costs and any other money due under the mortgage;
must be taken to be a payment on account of compensation and treated for the purposes of section 52(10) as if it were an advance payment made under section 52;
must be taken, with effect from the date of the payment, to reduce by the amount of the payment the amount in respect of which interest accrues for the purposes of section 11(1) of the Compulsory Purchase Act 1965 or any bond under section 85 of the Lands Clauses Compensation Act 1845;
must be taken into account for the purposes of determining any payments (or payments into court) which may be made for the purposes of sections 14 to 16 of the Compulsory Purchase Act 1965.
If the amount, or aggregate amount, of any payments under— on the basis of the acquiring authority’s estimate of the compensation exceed the compensation as finally determined or agreed, the excess must be repaid by the claimant.
sections 52 and 52ZA, or
section 52ZB,
No payment must be made to a mortgagee—
if any of the circumstances mentioned in subsection (10) applies, or
if the compulsory acquisition is only of a right over land.
The circumstances are—
payment has been made under section 14(2) of the Compulsory Purchase Act 1965;
a notice under section 14(3) of that Act has been given;
there is an agreement under section 15(1) or 16(1) of that Act or the matter has been referred to the Upper Tribunal under that section.
The claimant in relation to settled land for the purposes of the Settled Land Act 1925 is the persons entitled to give a discharge for capital money.
The appropriate national authority may by regulations impose requirements about the form and content of a request under section 52(2), 52ZA(3) or 52ZB(3).
In subsection (1) “appropriate national authority” means—
in relation to a request relating to the compulsory acquisition of land in England, the Secretary of State;
in relation to a request relating to the compulsory acquisition of land in Wales, the Welsh Ministers.
Regulations under subsection (1) may permit or require a person specified in the regulations to design a form to be used in making a request.
Regulations under subsection (1) may require an acquiring authority to supply, at specified stages of the compulsory acquisition process, copies of a form to be used in making a request.
Regulations under subsection (1) are to be made by statutory instrument.
A statutory instrument containing regulations under subsection (1) is subject to annulment—
in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament;
in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.
Where an acquiring authority have made a payment to a mortgagee under section 52ZA or 52ZB in relation to an interest in land and notify the claimant that the notice to treat relating to the interest is withdrawn or has ceased to have effect before the authority take possession of the land, the authority may by notice require the claimant to pay them an amount equal to the amount of the payment, unless another person has acquired the whole of the claimant's interest in the land.
Subsection (3) applies where—
a payment under section 52ZA or 52ZB has been registered as a local land charge in accordance with section 52(8A),
the whole of a claimant's interest in land has subsequently been acquired by another person (a “successor”),
any notice to treat given in relation to the interest is withdrawn or ceases to have effect before the authority take possession of the land, and
the acquiring authority notify the successor that they are not going to give the successor a notice to treat (or a further notice to treat) in relation to the interest.
The authority may by notice require the successor to pay them an amount equal to the amount of the payment.
A notice under subsection (1) or (3) must specify the date by which the claimant or successor must pay the amount.
The date mentioned in subsection (4) must be after the period of two months beginning with the day on which the authority give the notice under subsection (1) or (3).
Neither subsection (1) nor subsection (3) affects a right to compensation under section 31(3) or (3A) of the Land Compensation Act 1961 or section 5(2C)(b) of the Compulsory Purchase Act 1965.
This section applies where the compensation to be paid by the acquiring authority for the compulsory acquisition of any interest in land would (apart from this section) carry interest under section 11(1) of the Compulsory Purchase Act 1965 or any bond under ... section 85 of the Lands Clauses Consolidation Act 1845.
If the authority make a payment under section 52(1) after the date of entry to any person on account of the compensation—
they must at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount of the compensation agreed or estimated under section 52(3) (the total amount), and
the difference between the paid amount and the total amount is an unpaid balance for the purposes of this section.
The paid amount is—
the amount of the payment under section 52(1), or
if the land is subject to a mortgage, the aggregate of that amount and the amount of any payment made under section 52ZA(3).
If the authority make a payment under section 52(4A) above to any person on account of the compensation, they shall at the same time make a payment to him of accrued interest, for the period beginning with the date of entry, on—
the amount by reference to which the payment under section 52(4A) above was calculated; less
the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated.
Where the authority make a payment under section 52(4A) above on account of the compensation, the difference between— is an unpaid balance for the purposes of this section.
the amount of the payment; and
the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated,
If, on an anniversary of the date on which the authority made a payment to any person under section 52(1) above on account of the compensation— exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount.
the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be,
the aggregate amount of the accrued interest on any unpaid balances,
The acquiring authority shall, on paying the outstanding compensation, pay the amount of the accrued interest on the unpaid balance under subsection (2) above or, as the case may be, the aggregate amount of the accrued interest on any unpaid balances.
For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with—
the making of the payment under section 52(1) or, as the case may be, 52(4A) above; or
if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection.
For the purposes of this section—
interest accrues at the rate prescribed under section 32 of the Land Compensation Act 1961 or, in the case of a bond under section 85 of the Lands Clauses Consolidation Act 1845, at the rate specified in section 85; and
the amount by reference to which a payment under section 52(1) or (4A) was calculated is the amount referred to in section 52(3)(a) or (b) for the purposes of that calculation.
Where any payment has been made under section 52(1) above on account of any compensation, the acquiring authority is not required to pay interest under section 11(1) of the Compulsory Purchase Act 1965 or any bond ... under section 85 of the Lands Clauses Consolidation Act 1845.
Where the amount, or aggregate amount, of any payment under section 52 above made on the basis of the acquiring authority’s estimate of the compensation is greater than the compensation as finally determined or agreed and, accordingly, the interest paid under this section is excessive, the excess shall be repaid.
If after any interest has been paid to any person under this section on any amount it is discovered that he was not entitled to the amount, the interest shall be recoverable by the acquiring authority.
The Secretary of State may from time to time by order substitute another sum for the sum specified in subsection (5) above; and the power to make orders under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
If the acquiring authority are required by section 52(1A) or (1B) to make an advance payment of compensation but pay some or all of it late, the authority must pay interest on the amount which is paid late (“the unpaid amount”).
Interest under subsection (1) accrues on the unpaid amount for the period beginning with the day after the last day on which payment could have been made in accordance with section 52(4) or (4ZA).
If the amount of the advance payment is greater than the compensation as finally determined or agreed (“the actual amount”), the claimant must repay any interest paid under this section that is attributable to the amount by which the advance payment exceeded the actual amount.
The Treasury must by regulations specify the rate of interest for the purposes of subsection (1).
Regulations under subsection (4) may contain further provision in connection with the payment of interest under subsection (1).
Regulations under subsection (4) are to be made by statutory instrument.
A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
Where an acquiring authority serve notice to treat in respect of any agricultural land on a person (whether in occupation or not) having a greater interest in the land than as tenant for a year or from year to year, and that person has such an interest in other agricultural land comprised in the same agricultural unit as that to which the notice relates, the person on whom the notice is served (hereafter referred to as “the claimant”) may, within the period of two months beginning with the date of service of the notice to treat, serve on the acquiring authority a counter-notice—
claiming that the other land is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and
requiring the acquiring authority to purchase his interest in the whole of the other land.
Where a counter-notice is served under subsection (1) above the claimant shall also, within the period mentioned in that subsection, serve a copy thereof on any other person who has an interest in the land to which the requirement in the counter-notice relates, but failure to comply with this subsection shall not invalidate the counter-notice.
Subject to subsection (4) below, “other relevant land” in subsection (1) above means—
land comprised in the same agricultural unit as the land to which the notice to treat relates, being land in which the claimant does not have such an interest as is mentioned in that subsection; and
land comprised in any other agricultural unit occupied by him on the date of service of the notice to treat, being land in respect of which he is then entitled to a greater interest than as tenant for a year or from year to year.
Where an acquiring authority have served a notice to treat in respect of any of the other agricultural land mentioned in subsection (1) above or in respect of other relevant land as defined in subsection (3) above or such a notice is deemed to have been served by virtue of sections 137 to 144 of the Town and Country Planning Act 1990, then, unless and until that notice to treat is withdrawn, this section and section 54 below shall have effect as if that land did not form part of that other agricultural land or did not constitute other relevant land, as the case may be.
This section shall have effect in relation to a case where a notice to treat is deemed to have been served by virtue of any of the provisions of Part III of the Compulsory Purchase (Vesting Declarations) Act 1981 (general vesting declarations) as it has effect in relation to a case where a notice to treat is actually served, and section 54 below shall have effect accordingly.
This section is without prejudice to the rights conferred by sections 93 and 94 of the Lands Clauses Consolidation Act 1845, or section 8(2) and (3) of the Compulsory Purchase Act 1965 (provisions as to divided land).
If the acquiring authority do not within the period of two months beginning with the date of service of a counter-notice under section 53 above agree in writing to accept the counter-notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Upper Tribunal; and on any such reference the Tribunal shall determine whether the claim in the counter-notice is justified and declare the counter-notice valid or invalid in accordance with its determination of that question.
Where a counter-notice is accepted as, or declared to be, valid under subsection (1) above the acquiring authority shall be deemed—
to be authorised to acquire compulsorily, under the enactment by virtue of which they are empowered to acquire the land in respect of which the notice to treat was served, the claimant’s interest in the land to which the requirement in the counter-notice relates; and
to have served a notice to treat in respect of that land on the date on which the first-mentioned notice to treat was served.
A claimant may withdraw a counter-notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the counter-notice has been determined by the Upper Tribunal or at any time before the end of six weeks beginning with the date on which the compensation is so determined; and where a counter-notice is withdrawn by virtue of this subsection any notice to treat deemed to have been served in consequence thereof shall be deemed to have been withdrawn.
Without prejudice to subsection (3) above, the power conferred by section 31 of the Land Compensation Act 1961 to withdraw a notice to treat shall not be exerciseable in the case of a notice to treat which is deemed to have been served by virtue of this section.
The compensation payable in respect of the acquisition of an interest in land in pursuance of a notice to treat deemed to have been served by virtue of this section shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) above.
Where by virtue of this section the acquiring authority become, or will become, entitled to a lease of any land but not to the interest of the lessor— For the purposes of this subsection any terms as to surrender contained in the lease shall be disregarded.
the authority shall offer to surrender the lease to the lessor on such terms as the authority consider reasonable;
the question of what terms are reasonable may be referred to the Upper Tribunal by the authority or the lessor and, if at the expiration of three months after the date of the offer mentioned in paragraph (a) above, the authority and the lessor have not agreed on that question and that question has not been referred to the Tribunal by the lessor, it shall be so referred by the authority;
if that question is referred to the Tribunal, the lessor shall be deemed to have accepted the surrender of the lease at the expiration of one month after the date of the determination of the Tribunal or on such other date as the Tribunal may direct and to have agreed with the authority on the terms of surrender which the Tribunal has held to be reasonable.
Where the lessor refuses to accept any sum payable to him by virtue of subsection (6) above, or refuses or fails to make out his title to the satisfaction of the acquiring authority, they may pay into court any sum payable to the lessor by virtue of that subsection; and subsections (2) and (5) of section 9 of the Compulsory Purchase Act 1965 (deposit of compensation in cases of refusal to convey etc.) shall apply to that sum with the necessary modifications.
Where an acquiring authority who become entitled to the lease of any land as mentioned in subsection (6) above are a body incorporated by or under any enactment the corporate powers of the authority shall, if they would not otherwise do so, include power to farm that land.
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for any reference to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland;
in subsection (4), for the words " section 31 of the Land Compensation Act 1961" there shall be substituted the words " section 39 of the Land Compensation (Scotland) Act 1963 ";
in subsection (6), in paragraph (a), for the word " surrender " there shall be substituted the word " renounce ", and in paragraph (c) for the word " surrender " there shall be substituted the word " renunciation ";
in subsection (7), for the word "court" and for the words from " subsections (2) " to the end there shall be substituted respectively the words " the Bank within the meaning of section 3 of the Lands Clauses Consolidation (Scotland) Act 1845 " and the words " the following provisions of the said Act of 1845 shall apply to that sum with the necessary modifications—
section 75 so far as it relates to the opening of an account,
section 76 so far as it relates to the giving of a receipt,
section 77,
section 79 ".
Where an acquiring authority serve notice of entry under section 11(1) of the Compulsory Purchase Act 1965 on the person in occupation of an agricultural holding, being a person having no greater interest therein than as tenant for a year or from year to year, and the notice relates to part only of that holding, the person on whom the notice is served (hereafter referred to as “the claimant”) may, within the period of two months beginning with the date of service of the notice of entry, serve on the acquiring authority a counter-notice—
claiming that the remainder of the holding is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and
electing to treat the notice of entry as a notice relating to the entire holding.
Where a counter-notice is served under subsection (1) above the claimant shall also, within the period mentioned in that subsection, serve a copy thereof on the landlord of the holding, but failure to comply with this subsection shall not invalidate the counter-notice.
Subject to subsection (4) below, “other relevant land” in subsection (1) above means—
land comprised in the same agricultural unit as the agricultural holding; and
land comprised in any other agricultural unit occupied by the claimant on the date of service of the notice of entry, being land in respect of which he is then entitled to a greater interest than as tenant for a year or from year to year.
Where an acquiring authority have served a notice to treat in respect of land in the agricultural holding other than that to which the notice to entry relates or in respect of other relevant land as defined in subsection (3) above, then, unless and until that notice to treat is withdrawn, this section and section 56 below shall have effect as if that land did not form part of the holding or did not constitute other relevant land, as the case may be.
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If the acquiring authority do not within the period of two months beginning with the date of service of a counter-notice under section 55 above agree in writing to accept the counter-notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Upper Tribunal; and on any such reference the Tribunal shall determine whether the claim in the counter-notice is justified and declare the counter-notice valid or invalid in accordance with its determination of that question.
Where a counter-notice is accepted as, or declared to be, valid under subsection (1) above then, if before the end of twelve months after it has been so accepted or declared the claimant has given up possession of every part of the agricultural holding to the acquiring authority—
the notice of entry shall be deemed to have extended to the part of the holding to which it did not relate; and
the acquiring authority shall be deemed to have taken possession of that part in pursuance of that notice on the day before the expiration of the year of the tenancy which is current when the counter-notice is so accepted or declared.
Where the claimant gives up possession of an agricultural holding to the acquiring authority as aforesaid but the authority have not been authorised to acquire the landlord’s interest in, or in any of, the part of the holding to which the notice of entry did not relate (“the land not subject to compulsory purchase”)—
neither the claimant nor the authority shall be under any liability to the landlord by reason of the claimant giving up possession of the land not subject to compulsory purchase or the authority taking or being in possession of it;
immediately after the date on which the authority take possession of the land not subject to compulsory purchase they shall give up to the landlord, and he shall take, possession of that land;
the tenancy shall be treated as terminated on the date on which the claimant gives up possession of the holding to the acquiring authority or (if he gives up possession of different parts at different times) gives up possession as aforesaid of the last part, but without prejudice to any rights or liabilities of the landlord or the claimant which have accrued before that date;
any rights of the claimant against, or liabilities of the claimant to, the landlord which arise on or out of the termination of the tenancy by virtue of paragraph (c) above (whether under the contract of tenancy, under the Agricultural Holdings Act 1986 or otherwise) shall be rights and liabilities of the authority, and any question as to the payment to be made in respect of any such right or liability shall be referred to and determined by the Upper Tribunal;
any increase in the value of the land not subject to compulsory purchase which is attributable to the landlord’s taking possession of it under paragraph (b) above shall be deducted from the compensation payable in respect of the acquisition of his interest in the remainder of the holding.
Where a tenancy is terminated by virtue of subsection (3)(c) above, section 72 of the Agricultural Holdings Act 1986 (landlord’s right to compensation for deterioration of holding) shall have effect as if subsection (4) of that section required the landlord’s notice of intention to claim compensation to be served on the acquiring authority and to be so served within three months after the termination of the tenancy.
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for any reference to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland;
in subsection (3)(d) for the words from "contract" to " 1948 " there shall be substituted the words " lease, the Agricultural Holdings (Scotland) Act 1949, the Crofters (Scotland) Acts 1955 and 1961, the Small Landholders (Scotland) Acts 1886 to 1931 ";
in subsection (4), for the reference to section 58 of the Agricultural Holdings Act 1948 there shall be substituted a reference to section 59(1) of the Agricultural Holdings (Scotland) Act 1949 and for the word " proviso " there shall be substituted the words " said section 59(1) ".
Before taking possession of part only of an agricultural holding under section 85 of the Lands Clauses Consolidation Act 1845 ... or under Part III of the Compulsory Purchase (Vesting Declarations) Act 1981 (alternative procedures for taking possession of land) the acquiring authority shall serve notice of their intention to do so on the person in occupation of the holding, and sections 55 and 56 above shall have effect, subject to any necessary modifications, as if possession were being obtained pursuant to a notice of entry under section 11(1) of the said Act of 1965.
Sections 55 and 56 above shall have effect, subject to any necessary modifications, in relation to a notice of entry under paragraph 4 of Schedule 6 to the New Towns Act 1981 (provisions applicable to compulsory acquisitions under that Act) as they have effect in relation to a notice of entry under section 11(1) of the said Act of 1965.
Sections 55 and 56(1) and (2) above shall have effect, subject to any necessary modifications, in relation to a notice under section 584 of the Housing Act 1985 (power to enter and determine short tenancies of land acquired or appropriated for certain purposes of that Act) as they have effect in relation to a notice of entry under section 11(1) of the said Act of 1965.
Before taking possession of part only of an agricultural holding under section 84 or 114 of the Lands Clauses Consolidation (Scotland) Act 1845 (alternative procedures for taking possession of land) the acquiring authority shall serve notice of their intention to do so on the person in occupation of the holding, and sections 55 and 56 above shall have effect, subject to any necessary modifications, as if possession were being obtained pursuant to a notice of entry under paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.
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Sections 55 and 56 above shall have effect, subject to any necessary modifications, in relation to a notice of entry under paragraph 4 of Schedule 6 to the New Towns (Scotland) Act 1968 (provisions applicable to compulsory acquisitions under that Act) as they have effect in relation to a notice of entry under paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.
Sections 55 and 56(1), (2) and (5)(a) above shall have effect, subject to any necessary modifications, in relation to a notice under section 114 of the Housing (Scotland) Act 1966 (dispossession of tenant where local authority have agreed to purchase or have appropriated land for purposes of Part VII of that Act) as they have effect in relation to a notice of entry under paragraph 3 of Schedule 2 to the said Act of 1947.
In determining under ... ... section 166(2) of the Town and Country Planning Act 1990 whether— the Upper Tribunal shall take into account not only the effect of the severance but also the use to be made of the part proposed to be acquired and, in a case where the part is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.
part of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or
part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,
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under the said section 8(1) as substituted by paragraph 8 of Schedule 6 to the Highways Act 1971 or paragraph 14 of Schedule 2 to the Gas Act 1972 (compulsory acquisition of rights over land); or
under any provision corresponding to or substituted for the said section 8(1) which is contained in, or in an instrument made under, any other enactment including (except where otherwise provided) an enactment passed after this Act.
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for the reference in subsection (1) to the provisions there mentioned there shall be substituted a reference to paragraph 4 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and section 191(2) of, and paragraph 26 of Schedule 24 to, the Town and Country Planning (Scotland) Act 1972;
for the reference to the said section 8(1) as substituted by the provisions mentioned in subsection (2) (a) above there shall be substituted a reference to the said paragraph 4 as substituted by paragraph 24 of Schedule 2 to the Gas Act 1972 ;
for the reference to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland.
This section has effect where the person in occupation of an agricultural holding, being a person having no greater interest therein than as tenant for a year or from year to year, is served with a notice to quit the holding, and—
the notice is served after an acquiring authority have served notice to treat on the landlord of the holding or, being an authority possessing compulsory purchase powers, have agreed to acquire his interest in the holding; and
either—
section 26(1) of the Agricultural Holdings Act 1986 does not apply to the notice by virtue of Case B in Part I of Schedule 3 to that Act (land required for non-agricultural use for which planning permission has been granted etc.); or
the appropriate tribunal have consented to the operation of the notice and stated in the reasons for their decision that they are satisfied as to the matter mentioned in section 27(3)(f) of that Act (land required for non-agricultural use not falling within the said Case B.
If the person served with the notice to quit elects that this subsection shall apply to the notice and gives up possession of the holding to the acquiring authority on or before the date on which his tenancy terminates in accordance with the notice—
section 20 of the Compulsory Purchase Act 1965 (compensation for tenants from year to year etc.) and section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 shall have effect as if the notice to quit had not been served and the acquiring authority had taken possession of the holding in pursuance of a notice of entry under section 11(1) of the said Act of 1965 on the day before that on which the tenancy terminates in accordance with the notice to quit; and
the provisions of the Agricultural Holdings Act 1986 relating to compensation to a tenant on the termination of his tenancy shall not have effect in relation to the termination of the tenancy by reason of the notice to quit.
For the purposes of subsection (1), “appropriate tribunal” means—
where the holding (or the greater part of the holding) is in England, the First-tier Tribunal; and
where the holding (or the greater part of the holding) is in Wales, the Agricultural Land Tribunal.
No election under subsection (2) above shall be made or, if already made, continue to have effect in relation to any land (whether the whole or part of the land to which the notice to quit relates) if, before the expiration of that notice, an acquiring authority take possession of that land in pursuance of an enactment providing for the taking of possession of land compulsorily.
Any election under subsection (2) above shall be made by notice in writing served on the acquiring authority not later than the date on which possession of the holding is given up.
This section shall have effect in relation to a notice to quit part of an agricultural holding as it has effect in relation to a notice to quit an entire holding and references to a holding and the termination of the tenancy shall be construed accordingly.
A person served with a notice to quit part of an agricultural holding shall not be entitled, in relation to that notice, both to make an election under this section and to give a counter-notice under section 32 of the Agricultural Holdings Act 1986 (tenant’s right to cause notice to quit part of holding to operate as notice to quit entire holding).
The reference in subsection (1)(a) above to a notice to treat served by an acquiring authority includes a reference to a notice to treat deemed to have been so served under any of the provisions mentioned in section 53(5) above and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 293 of the Town and Country Planning Act 1990)..
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for subsection (1)0) there shall be substituted the following paragraph—;
in subsection (2)(a), for the references to section 20 of the Compulsory Purchase Act 1965 and 11(1) of that Act there shall be substituted respectively references to section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 and paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
in subsection (2)(b), for the references to the Agricultural Holdings Act 1948 and section 15(2) of the Agriculture (Miscellaneous Provisions) Act 1968 there shall be substituted respectively references to the Agricultural Holdings (Scotland) Act 1949 and section 15(3) of the said Act of 1968 ;
in subsection (6), for the reference to section 32 of the Agricultural Holdings Act 1948 there shall be substituted a reference to section 33 of the Agricultural Holdings (Scotland) Act 1949 ;
after subsection (7) there shall be inserted the following subsections—.
This section has effect where—
the person in occupation of an agricultural holding is a crofter and is required by an order of the Scottish Land Court under section 12 of the Crofters (Scotland) Act 1955 to surrender his croft; and
the crofter is so required—
after an acquiring authority have served notice to treat on the landlord of the croft or, being an authority possessing compulsory purchase powers, have agreed to acquire his interest in the croft, and
where the Court have been satisfied under the said section 12 that the landlord desires to resume the croft for a reasonable purpose which is a purpose other than an agricultural purpose.
If the crofter required by such an order to surrender his croft elects that this subsection shall apply to the order and gives up possession of the croft to the acquiring authority on or before the date on which the croft is required to be surrendered in accordance with the order—
section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 (compensation for tenants from year to year, etc.) shall have effect as if the crofter had not been so required to surrender his croft and the acquiring authority had taken possession of the croft in pursuance of a notice of entry under paragraph 3 of Schedule 2 to to Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 on the day before that on which the croft is required to be surrendered in accordance with the order; and
any provision of an order under section 12 of the Crofters (Scotland) Act 1955 relating to the compensation to a crofter shall not have effect in relation to the surrender of the croft by reason of the order.
No election under subsection (2) above shall be made or, if already made, continue to have effect in relation to any land to which such an order relates if, before the date on which the croft is required to be surrendered in accordance with the order, an acquiring authority take possession of that land in pursuance of an enactment providing for the taking of possession of land compulsorily.
Any election under subsection (2) above shall be made by notice in writing served on the acquiring authority not later than the date on which possession of the croft is given up.
This section shall have effect in relation to an order to surrender part of a croft as it has effect in relation to an order to surrender an entire croft and references to a croft shall be construed accordingly.
The reference in subsection (1)(b)(i) above to a notice to treat served by an acquiring authority includes a reference to a notice to treat deemed to have been so served under any of the provisions mentioned in section 53(5) above.
This section shall apply to a landholder as it applies to a crofter except that for any reference to a croft, crofter or section 12 of the Crofters (Scotland) Act 1955 there shall be substituted respectively a reference to a holding, landholder or section 2 of the Crofters Holdings (Scotland) Act 1886.
This section shall apply to a statutory small tenant subject to the modifications set out in Part I of Schedule 1 to this Act; and in accordance with this subsection this section shall have effect in relation to a statutory small tenant as set out in Part II of that Schedule.
Where a notice to quit in respect of which a person is entitled to make an election under section 59 above relates to part only of an agricultural holding and that person makes such an election within the period of two months beginning with the date of service of that notice, or, if later, the decision of the appropriate tribunal referred to in subsection (1)(b)(ii) of that section, he may also within that period serve a notice on the acquiring authority claiming that the remainder of the holding is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit.
If the acquiring authority do not within the period of two months beginning with the date of service of a notice under subsection (1) above agree in writing to accept the notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Upper Tribunal, and on any such reference the Tribunal shall determine whether the claim in the notice is justified and declare the notice valid or invalid in accordance with its determination of that question.
Where a notice under subsection (1) above is accepted as, or declared to be, valid under subsection (2) above then, if before the end of twelve months after it has been so accepted or declared the claimant has given up to the acquiring authority possession of the part of the holding to which the notice relates, section 20 of the Compulsory Purchase Act 1965 and section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 shall have effect as if the acquiring authority had taken possession of that part in pursuance of a notice of entry under section 11(1) of the said Act of 1965 on the day before the expiration of the year of the tenancy which is current when the notice is so accepted or declared.
Subsections (2) to (4) of section 55 and subsection (3) of section 56 above shall apply in relation to subsections (1) to (3) above and to a notice under subsection (1) above as they apply in relation to those sections and a counter-notice under subsection (1) of section 55, and shall so apply with the necessary modifications and as if any reference to the notice of entry were a reference to the notice to quit.
Where an election under section 59 above ceases to have effect in relation to any land by virtue of subsection (3) of that section any notice served by virtue of this section shall also cease to have effect in relation thereto.
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in subsection (1) for the reference to the Agricultural Land Tribunal there shall be substituted a reference to the Scottish Land Court;
in subsection (2) for any reference to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland;
in subsection (3) for the references to sections 11(1) and 20 of the Compulsory Purchase Act 1965 there shall be substituted respectively references to paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and section 114 of the Lands Clauses Consolidation (Scotland) Act 1845.
Where an order of the Scottish Land Court in respect of which a person is entitled to make an election under section 60 above relates to part only of a croft or holding and that person makes such an election within the period of two months beginning with the date of the making of the order, he may also within that period serve a notice on the acquiring authority claiming that the remainder of the croft or holding is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit.
If the acquiring authority do not within the period of two months beginning with the date of service of a notice under subsection (1) above agree in writing to accept the notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Lands Tribunal for Scotland, and on any such reference the Tribunal shall determine whether the claim in the notice is justified and declare the notice valid or invalid in accordance with its determination of that question.
Where a notice under subsection (1) above is accepted as, or declared to be valid under subsection (2) above then, if before the end of twelve months after it has been so accepted or declared the claimant has given up to the acquiring authority possession of the part of the croft or holding to which the notice relates, section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 shall have effect as if the acquiring authority had taken possession of that part in pursuance of a notice of entry under paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 on the day before the expiration of the year of the tenancy which is current when the notice is so accepted or declared.
Subsections (2) to (4) of section 55 and subsection (3) of section 56 above shall apply in relation to subsections (1) to (3) above and to a notice under subsection (1) above as they apply in relation to those sections and a counter-notice under subsection (1) of section 55, and shall so apply with the necessary modifications and as if in section 55(3)(b) for the words " service of the notice of entry " and in section 56(3) for the words " the notice of entry " there were substituted the words " the order of the Scottish Land Court ".
Where an election under section 60 above ceases to have effect in relation to any land by virtue of subsection (3) of that section any notice served by virtue of this section shall cease to have effect in relation thereto.
Subsection (3) above shall apply in the case of the holding of a statutory small tenant as if after the word " 1845 " there were inserted the words " and section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 ".
Compensation under section 68 of the Lands Clauses Consolidation Act 1845 or section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection where no land taken) shall carry interest, at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961, from the date of the claim until payment.
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At the end of section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 (construction of railway to be subject to that Act and Lands Clauses Consolidation (Scotland) Act 1845) there shall be added the following subsection—
Section 35 of the Roads (Scotland) Act 1970 (general provisions as to acquisition of land) shall have effect as if—
after subsection (1) there were inserted the following subsection—;
at the end there were added the following subsection—.
Subject to the provisions of this section, the Lands Clauses Consolidation (Scotland) Act 1845 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply subject to any necessary modifications to the compulsory acquisition under any enactment of a right in or over land by the creation of a new right as they apply to the compulsory acquisition of land under the enactment in question.
Section 61 of the said Act of 1845 (estimation of purchase money and compensation) shall apply to the compulsory acquisition of such a right as if for the words from " value " to " undertaking " there were substituted the words " extent (if any) to which the value of the land in or over which the right is to be acquired is depreciated by the acquisition of the right ".
In considering the extent of any material detriment to a house, building or manufactory or any extent to which the amenity or convenience of a house is affected, the Lands Tribunal for Scotland shall have regard not only to the right which is to be acquired in or over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase.
Nothing in this section shall affect the operation of any enactment which makes specific provision to the like effect as the provisions of this section.
In paragraph (a) of section 192(1) of the Act of 1971 (land indicated in a structure plan in force for the relevant district as land which may be required for the purposes of functions of public authorities or as land which may be included in an action area) the reference to a structure plan in force shall include a reference to—
a structure plan which has been submitted to the Secretary of State under section 7 of that Act;
proposals for alterations to a structure plan which have been submitted to the Secretary of State under section 10 of that Act;
modifications proposed to be made by the Secretary of State in any such plan or proposals as are mentioned in the preceding paragraphs, being modifications of which he has given notice in accordance with regulations under Part II of that Act.
In paragraph (b) of the said section 192(1) (land allocated for the purposes of functions of public authorities by a local plan in force for the relevant district and land defined in such a plan as the site of proposed development for the purposes of any such functions) the reference to a local plan in force shall include a reference to—
a local plan of which copies have been made available for inspection under section 12(2) of the Act of 1971 ;
proposals for alterations to a local plan of which copies have been made available for inspection, under section 15(3) of that Act;
modifications proposed to be made by the local planning authority or the Secretary of State in any such plan or proposals as are mentioned in the preceding paragraphs, being modifications of which notice has been given by the authority or the Secretary of State in accordance with regulations under Part II of that Act.
In section 138(1)(b) of the Town and Country Planning Act 1962 as it has effect by virtue of paragraph 58 of Schedule 24 to the Act of 1971 (provisions corresponding to section 192(1)(b) of the Act of 1971 pending coming into force of local plans) the reference to a development plan shall include a reference to—
proposals for alterations to a development plan submitted to the Secretary of State under paragraph 3 or 9 of Schedule 5 to the Act of 1971;
modifications proposed to be made by the Secretary of State in any such proposals, being modifications of which notice has been given by the Secretary of State by advertisement.
No blight notice shall be served by virtue of subsection (1) or (2) above at any time after the copies of the plan or proposals made available for inspection have been withdrawn under— but so much of the said section 10B as provides that a structure plan which has been withdrawn shall be treated as never having been submitted shall not invalidate any blight notice served by virtue of subsection (1)(a) above before the withdrawal of the structure plan.
section 8(6) or 12(5) of the Act of 1971 (directions by Secretary of State requiring further publicity); or
section 10B of that Act (withdrawal of structure plans);
No blight notice shall be served by virtue of this section after the relevant plan or alterations have come into force (whether in their original form or with modifications) or the Secretary of State has decided to reject or, in the case of a local plan, the local planning authority have decided to abandon the plan or alterations and notice of the decision has been given by advertisement.
Where an appropriate authority have served a counter-notice objecting to a blight notice served by virtue of this section, then, if the relevant plan or alterations come into force (whether in their original form or with modifications) the appropriate authority may serve on the claimant, in substitution for the counter-notice already served, a further counter-notice specifying different grounds of objection, and section 195 of the Act of 1971 (reference of objections to Lands Tribunal) shall have effect in relation to the further counter-notice as it has effect in relation to the counter-notice already served: Provided that a further counter-notice under this subsection shall not be served—
at any time after the end of the period of two months beginning with the date on which the relevant plan or alterations come into force; or
if the objection in the counter-notice already served has been withdrawn or the Lands Tribunal has already determined whether or not to uphold that objection.
References in subsections (1) to (3) above to anything done under any of the provisions there mentioned include references to anything done under those provisions as they apply by virtue of section 17 of, or paragraph 4 of Schedule 5 to, the Act of 1971 (default powers of Secretary of State).
In the application of this section to Greater London—
the reference to section 10 of the Act of 1971 shall include a reference to paragraph 6 of Schedule 4 to that Act;
for the reference to section 12(2) of that Act there shall be substituted a reference to paragraphs 12(2) and 13(2) of that Schedule;
for the reference to section 12(5) of that Act there shall be substituted a reference to paragraph 14(3) of that Schedule;
for the reference to section 15(3) of that Act there shall be substituted a reference to the said section 15(3) as substituted by paragraph 16(1), and to paragraph 16(4), of that Schedule.
In this section references to alterations to a local plan include references to its replacement, and references to alterations to a development plan include references to additions to it.
In relation to land tailing within section 192(1)(b) of the Act of 1971 or section 138(1)(b) of the Town and Country Planning Act 1962, as extended by this section, " the appropriate enactment" for the purposes of sections 192 to 207 of the Act of 1971 shall be determined in accordance with section 206(2) of that Act as if references therein to the development plan were references to any such plan, proposal or modifications as are mentioned in subsection (2)(a), (b) or (c) and subsection (3)(a) or (b) above.
In section 192(1)(d) of the Act of 1971 (land on or adjacent to line of highway proposed to be constructed etc. as indicated in an order or scheme which has come into operation under the provisions of Part II of the Highways Act 1959 relating to trunk roads or special roads or in an order which has come into operation under section 1 of the Highways Act 1971) the reference to an order or scheme which has come into operation as aforesaid shall include a reference to—
an order or scheme which has been submitted for confirmation to, or been prepared in draft by, the Secretary of State under the provisions of Part II of the said Act of 1959 relating to trunk roads or special roads and in respect of which a notice has been published under paragraph 1, 2 or 7 of Schedule 1 to that Act;
an order which has been submitted for confirmation to the Secretary of State under the said section 1 and in respect of which a notice has been published under paragraph 2 of that Schedule.
No blight notice shall be served by virtue of this section at any time after the relevant order or scheme has come into operation (whether in its original form or with modifications) or the Secretary of State has decided not to confirm or make the order or scheme.
Subsection (6) of section 68 above shall have effect in relation to a blight notice served by virtue of this section as it has effect in relation to a blight notice served by virtue of that section taking references to the relevant plan or alterations as references to the relevant order or scheme.
Section 192(1)(g) and (f) of the Act of 1971 (land in respect of which a compulsory purchase order is in force where a notice to treat has not been served) shall apply also to land in respect of which a compulsory purchase order has been submitted for confirmation to, or been prepared in draft by, a Minister and in respect of which a notice has been published under paragraph 3(1)(a) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946 or under any corresponding enactment applicable thereto.
No blight notice shall be served by virtue of this section at any time after the relevant compulsory purchase order has come into force (whether in its original form or with modifications) or the Minister concerned has decided not to confirm or make the order.
In relation to land falling within the said section 192(1)(g) or (i) by virtue of this section " the appropriate enactment" for the purposes of sections 192 to 207 of the Act of 1971 shall be the enactment which would provide for the compulsory acquisition of the land or of the rights over the land if the relevant compulsory purchase order were confirmed or made.
Section 192(1) of the Act of 1971 shall have effect as if the land specified therein included land which—
is land indicated in a plan (not being a development plan) approved by a resolution passed by a local planning authority for the purpose of the exercise of their powers under Part III of that Act as land which may be required for the purposes of any functions of a government department, local authority or statutory undertakers; or
is land in respect of which a local planning authority have resolved to take action to safeguard it for development for the purposes of any such functions or been directed by the Secretary of State to restrict the grant of planning permission in order to safeguard it for such development.
Paragraph (a) of the said section 192(1) shall not apply to land within subsection (1) above.
In relation to land falling within subsection (1) above " the appropriate enactment" for the purposes of sections 192 to 207 of the Act of 1971 shall be determined in accordance with section 206(2) of that Act as if references therein to the development plan were references to the resolution or direction in question.
Section 192(1) of the Act of 1971 shall have effect as if the land specified therein included land which—
is land within an area described as the site of a proposed new town in the draft of an order in respect of which a notice has been published under paragraph 2 of Schedule 1 to the New Towns Act 1965 ; or
is land within an area designated as the site of a proposed new town by an order which has come into operation under section 1 of the said Act of 1965.
No blight notice shall be served by virtue of subsection (1)(a) above at any time after the order there mentioned has come into operation (whether in the form of the draft or with modifications) or the Secretary of State has decided not to make the order.
Until such time as a development corporation is established for the new town, sections 192 to 207 of the Act of 1971 shall have effect in relation to land within subsection (1) above as if " the appropriate authority " and " the appropriate enactment" were the Secretary of State and subsection (4) below respectively.
Until such time as aforesaid the Secretary of State shall have power to acquire compulsorily any interest in land in pursuance of a blight notice served by virtue of subsection (1) above; and where he acquires an interest as aforesaid, then—
if the land is or becomes land within subsection (1)(b) above, the interest shall be transferred by him to the development corporation established for the new town ; and
in any other case, the interest may be disposed of by him in such manner as he thinks fit.
The Land Compensation Act 1961 shall have effect in relation to the compensation payable in respect of the acquisition of an interest by the Secretary of State under subsection (4) above as if the acquisition were by a development corporation under the New Towns Act 1965 and as if, in the case of land within subsection (1)(a) above, the land formed part of an area designated as the site of a new town by an order which has come into operation under section 1 of the said Act of 1965.
Section 11 of the said Act of 1965 (right to require development corporation to acquire land within area designated as the site of a new town) shall cease to have effect except in relation to any notice served under that section before the coming into force of this section.
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is land within an area declared to be a clearance area by a resolution under section 42 of the Housing Act 1957; or
is land surrounded by or adjoining an area declared as aforesaid to be a clearance area, being land which a local authority have determined to purchase under section 43 of that Act.
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In relation to land within subsection (1) above " the appropriate enactment" for the purposes of sections 192 to 207 of the Act of 1971 shall be section 43 of the Housing Act 1957.
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Where an interest in land is acquired in pursuance of a blight notice served by virtue of subsection (1)(a) above the compensation payable for the acquisition shall be assessed in accordance with section 59(2) of the said Act of 1957 (site value) and paragraph 2 of Schedule 2 to the Land Compensation Act 1961 shall not apply.
Where the land in which an interest is acquired as aforesaid comprises a house— and references in the said Schedules 2 and 5 to the date of the making of the compulsory purchase order and the date when the house was purchased compulsorily shall be respectively construed as references to the date of service of the blight notice and the date of acquisition in pursuance of that notice.
section 60 of, and Part I of Schedule 2 to, the said Act of 1957 (payments in respect of well-maintained houses) shall have effect as if the house had been made the subject of a compulsory purchase order under Part III of that Act as being unfit for human habitation;
Part II of Schedule 2 to the said Act of 1957 and Schedule 5 to the Housing Act 1969 (payments to owner-occupiers) shall have effect as if the house had been purchased at site value in pursuance of a compulsory purchase order made by virtue of the said Part III;
in section 192(1)(d) of the Act of 1971—
the reference to a power of compulsory acquisition conferred by any of the provisions there mentioned shall include a reference to the power of compulsory acquisition conferred by section 22(1) above ;
the reference to land required for purposes of construction, improvement or alteration as indicated in an order or scheme there mentioned shall include a reference to land required for the purposes of the said section 22(1).
Section 192(1) of the Act of 1971 shall have effect as if the land specified therein included land which—
is land shown on plans approved by a resolution of a local highway authority as land proposed to be acquired by them for the purposes of the said section 22(1); or
is land shown in a written notice given by the Secretary of State to the local planning authority as land proposed to be acquired by him for those purposes in connection with a trunk road or special road which he proposes to provide.
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In the said section 192(1)(g)—
in sub-paragraph (i) for the words from "made by" to " 1971" there shall be substituted the word " providing ";
in sub-paragraph (ii) for the words " highway authority " there shall be substituted the words " appropriate authority ".
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In section 194—
in subsection (4) for the words " is one of the enactments conferring highway land acquisition powers" there shall be substituted the words " confers power to acquire rights over land ";
in subsection (6), in paragraphs (a) and (b), after the word "acquire" there shall be inserted the words " or to acquire any rights over " and the words following paragraph (b) as far as the semi-colon shall be omitted.
Section 192(1) of the Act of 1971 shall have effect as if the land specified therein included land which—
either—
is within the outer lines prescribed by an order under section 159 of the Highways Act 1959 (orders prescribing minimum width of new streets); or
has a frontage to a highway declared to be a new street by an order under section 30 of the Public Health Act 1925 and lies within the minimum width of the street prescribed by any byelaws or local Act applicable by virtue of the order; and
is, or is part of—
a dwelling erected before, or under construction on, the date on which the order is made; or
the curtilage of any such dwelling.
The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of subsection (1) above shall not include those specified in section 194(2)(b) or (c) of the Act of 1971.
In relation to land within subsection (1) above " the appropriate authority " and " the appropriate enactment" for the purposes of sections 192 to 207 of the Act of 1971 shall be the highway authority for the highway in relation to which the order mentioned in that subsection was made and section 214(8) of the said Act of 1959 respectively.
This section shall not enable a blight notice to be served in respect of any land in which the appropriate authority have previously acquired an interest either in pursuance of a blight notice served by virtue of this section or by agreement in circumstances such that they could have been required to acquire it in pursuance of such a notice.
In section 193(1)(c) and section 201(1)(b) of the Act of 1971 (which require a person serving a blight notice to have made reasonable endeavours to sell his interest since the relevant date, that is to say, the date on which the land became blighted) the words " since the relevant date " and " since the relevant date (within the meaning of section 193 of this Act)" shall be omitted.
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In sections 193(1)(d) and 201(1)(c) of the Act of 1971 (which require a person serving a blight notice to have been unable to sell his interest except at a price lower than if the land had not been blighted) for the words from " he has been unable to sell" onwards there shall be substituted the words " in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in land of any of the specified descriptions, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land ".
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Where the whole or part of a hereditament or agricultural unit is comprised in land of any of the specified descriptions, and a person claims that— he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, the said sections 192 to 207.
he is the personal representative of a person (" the deceased ") who at the date of his death was entitled to an interest in that hereditament or unit; and
the interest was one which would have qualified for protection under sections 192 to 207 of the Act of 1971 if a notice under section 193 of that Act had been served in respect thereof on that date ; and
he has made reasonable endeavours to sell that interest; and
in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in land of any of the specified descriptions, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land; and
one or more individuals are (to the exclusion of any body corporate) beneficially entitled to that interest,
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Subsection (1) above shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the entirety of a hereditament or agricultural unit: Provided that this subsection shall not enable any person—
if the deceased was entitled to an interest in the entirety of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of the deceased's interest in part of the hereditament or unit; or
if the deceased was entitled to an interest only in part of the hereditament or agricultural unit, to make or serve any such claim or notice in respect of the deceased's interest in less than the entirety of that part.
Subject to sections 73(2) and 76(2) above and 80(2) below, the grounds on which objection may be made in a counter-notice under section 194 of the Act of 1971 to a notice under this section are those specified in paragraphs (a) to (c) of subsection (2) of that section and, in a case to which it applies, the grounds specified in paragraph (d) of that subsection and also the following grounds—
that the claimant is not the personal representative of the deceased or that, on the date of the deceased's death, the deceased was not entitled to an interest in any part of the hereditament or agricultural unit to which the notice relates;
that (for reasons specified in the counter-notice) the interest of the deceased is not such as is specified in subsection (1)0) above;
that the conditions specified in subsection (1)(c), (d) or (e) above are not fulfilled.
For the purpose of section 201(4) and (5) of the Act of 1971 (which prevent the service of concurrent blight notices under sections 193 and 201 of that Act) a notice served under this section shall be treated as a notice served under the said section 193.
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Where a blight notice is served in respect of an interest in the whole or part of an agricultural unit and on the date of service that unit or part contains land (hereafter referred to as " the unaffected area ") which does not fall within any of the specified descriptions as well as land (hereafter referred to as " the affected area ") which does so, the claimant may include in the notice—
a claim that the unaffected area is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and
a requirement that the appropriate authority shall purchase his interest in the whole of the unit or, as the case may be, in the whole of the part of it to which the notice relates.
Subject to section 80(3) below, " other relevant land " in subsection (1) above means—
land comprised in the remainder of the agricultural unit if the blight notice is served only in respect of part of it;
land comprised in any other agricultural unit occupied by the claimant on the date of service, being land in respect of which he is then entitled to an owner's interest as defined in section 203(4) of the Act of 1971.
The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of section 79 above shall include the grounds that the claim made in the notice is not justified.
Objection shall not be made to a blight notice served by virtue of section 79 above on the grounds mentioned in section 194(2)(c) of the Act of 1971 (part only of affected area proposed to be acquired) unless it is also made on the grounds mentioned in subsection (1) above; and the Lands Tribunal shall not uphold an objection to any such notice on the grounds mentioned in the said section 194(2)(c) unless it also upholds the objection on the grounds mentioned in subsection (1) above.
Where objection is made to a blight notice served by virtue of section 79 above on the grounds mentioned in subsection (1) above and also on those mentioned in the said section 194(2)(c), the Lands Tribunal, in determining whether or not to uphold the objection, shall treat that part of the affected area which is not specified in the counter-notice as included in " other relevant land " as defined in section 79(2) above.
If the Lands Tribunal upholds an objection but only on the grounds mentioned in subsection (1) above, the Tribunal shall declare that the blight notice is a valid notice in relation to the affected area but not in relation to the unaffected area.
If the Tribunal upholds an objection both on the grounds mentioned in subsection (1) above and on the grounds mentioned in the said section 194(2)(c) (but not on any other grounds) the Tribunal shall declare that the blight notice is a valid notice in relation to the part of the affected area specified in the counter-notice as being the part which the appropriate authority propose to acquire as therein mentioned but not in relation to any other part of the affected area or in relation to the unaffected area.
In a case falling within subsection (4) or (5) above, the Tribunal shall give directions specifying a date on which notice to treat (as mentioned in section 81 below and section 196 of the Act of 1971) is to be deemed to have been served.
Section 195(5) of the Act of 1971 shall not apply to any blight notice served by virtue of section 79 above.
In relation to a blight notice served by virtue of section 79 above, subsection (1) of section 196 of the Act of 1971 shall have effect as if for the words " or (in the case of an agricultural unit) the interest of the claimant in so far as it subsists in the affected area " there were substituted the words " or agricultural unit " and subsection (3) of that section shall not apply to any such blight notice.
Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 80(1) above, then if either— the appropriate authority shall be deemed to be authorised to acquire compulsorily under the' appropriate enactment the interest of the claimant in so far as it subsists in the affected area (but not in so far as it subsists in the unaffected area) and to have served a notice to treat in respect thereof on the date mentioned in subsection (3) below.
the claimant, without referring that objection to the Lands Tribunal, and before the time for so referring it has expired, gives notice to the appropriate authority that he withdraws his claim as to the unaffected area: or
on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 80(4) above,
The said date—
in a case falling within paragraph to) of subsection (2) above, is the date on which notice is given in accordance with that paragraph; and
in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 80(6) above.
Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 80(1) above and also on the grounds mentioned in section 194(2)(c) of the Act of 1971 then if either— the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the affected area specified in the counter-notice (but not in so far as it subsists in any other part of that area or in the unaffected area) and to have served a notice to treat in respect thereof on the date mentioned in subsection (5) below.
the claimant, without referring that objection to the Lands Tribunal, and before the time for so referring it has expired, gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the affected area specified in the counter-notice, and withdraws his claim as to the remainder of that area and as to the unaffected area; or
on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 80(5) above in respect of that part of the affected area,
The said date-to) in a case falling within paragraph—
of subsection (4) above, is the date on which notice is given in accordance with that paragraph ; and
in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 80(6) above.
The compensation payable in respect of the acquisition by virtue of this section of an interest in land comprised in— shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) above.
the unaffected area of an agricultural unit; or
if the appropriate authority have served a counter-notice objecting to the blight notice on the grounds mentioned in the said section 194(2)(c), so much of the affected area of the unit as is not specified in the counter-notice,
In relation to a blight notice served by virtue of section 79 above references to " the appropriate authority " and " the appropriate enactment" shall be construed as if the unaffected area of an agricultural unit were part of the affected area.
The provisions mentioned in section 200(2) of the Act of 1971 (operation of blight provisions where claimant dies after serving blight notice) shall include subsections (2) and (4) above.
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In section 192(6) of the Act of 1971 (definition of " blight notice ") there shall be added at the end the words " or section 78 of the Land Compensation Act 1973 ".
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In section 194(5) of the Act of 1971 (which requires a counter-notice to state the grounds of objection) after the words " section 201(6) of this Act" there shall be inserted the words " or section 78(3) or 80(1) of the Land Compensation Act 1973 ".
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In sections 192 to 207 of the Act of 1971 references to " these provisions " shall include references to this Part of this Act, and references to " the specified descriptions " shall include references to the descriptions contained in section 192(1)(a), (b), (d), (g) and (f) of that Act as extended by this Part of this Act and to the descriptions contained in sections 71, 72, 73, 74(2) and 76 above.
The Act of 1971 shall have effect as if this Part of this Act were included in the said sections 192 to 207.
Part I of this Act does not apply to any aerodrome in the occupation of a government department but, subject to that, references in that Part and in Part II of this act to public works and responsible authorities include references to any works or authority which, apart from any Crown exemption, would be public works or a responsible authority.
Parts III and IV of this Act apply in relation to the acquisition of interests in land (whether compulsorily or by agreement) by government departments being authorities possessing compulsory purchase powers, as they apply in relation to the acquisition of interests in land by such authorities who are not government departments.
There shall be paid out of moneys provided by Parliament—
any expenses incurred under this Act by any government department;
any increase attributable to this Act in the sums payable out of such moneys under any other Act.
Any communication required or authorised to be sent to a person under this Act may be sent to an email address or uploaded to a website at which the person has agreed in writing to receive communications for the purposes of the claim for compensation.
Any communication required or authorised under this Act to be sent to— may also be sent electronically by a method mentioned in subsection (3).
an acquiring authority, or
a responsible authority within the meaning of section 1,
The methods are—
sending the communication to an appropriate email address, or
uploading the communication to an appropriate website.
For the purposes of subsection (3)—
an email address or website is an appropriate one if the authority has—
provided the email address or details of the website to the sender for the purposes of communicating with them about the claim for compensation, 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 if the authority has previously used it for the purposes of communicating with the sender about the claim for compensation.
A communication 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 “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.
The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
In this Act—
" heritable security " means any security capable of being constituted over any interest in land by a disposition or assignation of that interest in security of any debt and of being recorded in the Register of Sasines;
“redevelopment” includes a change of use.
where paragraph (a) above applies, the acquiring authority;
where paragraph (b) above applies, the authority who made the housing order;
where paragraph (c) above applies, the authority carrying out the improvement or redevelopment; and
the carrying out of any improvement to the dwelling or of redevelopment on the land by a housing association which has previously acquired the land and at the date of the displacement is either a private registered provider of social housing or a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act);
where paragraph (d) above applies, the housing association carrying out the improvement or redevelopment.
the making of an order for possession on ground 10 or 10A in Part II of Schedule 2 to the Housing Act 1985;
the making of an order for possession of a dwelling subject to a tenancy which is a secure contract on ground A or ground B of the Estate Management Grounds in Part 1 of Schedule 8 to the Renting Homes (Wales) Act 2016 (anaw 1),
" landlord ", in relation to such a holding, has the same meaning as in the Agricultural Holdings (Scotland) Act 1949;
“agricultural unit” has the meaning given in section 171(1) of the Town and Country Planning Act 1990 ... ;
if and so far as the claim relates to depreciation that would not have been caused but for alterations to the carriageway of a highway, the highway authority who carried out the alterations or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of either of those Acts;
“housing association” has the same meaning as in the Housing Associations Act 1985 ... ;
“acquiring authority” and “authority possessing compulsory purchase powers” have the same meaning as in the Land Compensation Act 1961 ... ;
“agriculture”, “agricultural” and “agricultural land” have the meaning given in section 109 of the Agriculture Act 1947 ... , and references to the farming of land include references to the carrying on in relation to the land of any agricultural activities;
In this Act references to the council of a district are, until 1st April 1974, references to the council of a county district or county borough and, thereafter, to the council of a district within the meaning of the Local Government Act 1972; and references to a London borough and the council of a London borough include references to the City of London and the Common Council.
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Except where the context otherwise requires, references in this Act to any enactment are references to that enactment as amended, and include references to that enactment as extended or applied, by any other enactment, including this Act.
Her Majesty may by Order in Council—
extend this Act (other than Part V thereof), with such additions, exceptions and modifications as appear to Her Majesty to be expedient, to—
the provision, operation, management or use of public works in Northern Ireland under any enactment relating to a matter in respect of which the Parliament of Northern Ireland does not have power to make laws (in this section referred to as “a reserved enactment”); and
acquisitions of land in Northern Ireland by any department or body exercising powers of acquisition under a reserved enactment;
apply, with such additions, exceptions and modifications as appear to Her Majesty to be expedient, the provisions of Schedules 5 and 6 to the Roads Act (Northern Ireland) 1948 or Schedule 6 to the Local Government Act (Northern Ireland) 1972 to the acquisition, otherwise than by agreement, of land in Northern Ireland by any department or body exercising powers of acquisition under a reserved enactment.
An Order in Council under this section may include such provisions as appear to Her Majesty to be incidental to or consequential on any provision contained in such an Order by virtue of subsection (1) above.
An Order in Council under this section may be varied or revoked by a further Order in Council made thereunder.
This Act may be cited as the Land Compensation Act 1973.
Part I of this Act shall not come into force until the expiration of the period of one month beginning with the date on which this Act is passed.
Section 48 above does not affect any compensation which fell or falls to be assessed by reference to prices current on a date before the passing of this Act, and the other provisions of Part IV of this Act relating to the assessment of compensation do not affect any compensation which fell or falls to be assessed by reference to prices current on a date before 17th October 1972.
This Act, except section 88, does not extend to Northern Ireland and, except section 86 and Schedule 3, does not extend to Scotland.
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Section 60 above shall apply to a statutory small tenant subject to the following modifications—
for any reference to a croft, crofter or section 12 of the Crofters (Scotland) Act 1955 there shall be substituted respectively a reference to a holding, statutory small tenant or section 32(15) of the Small Landholders (Scotland) Act 1911 ;
in subsection (1), for the words from "crofter" in paragraph (a) to " so required " in paragraph (b) there shall be substituted the words " statutory small tenant and resumption of the holding is authorised by an order of the Scottish Land Court under section 32(15) of the Small Landholders (Scotland) Act 1911 ; and (b) the resumption is so authorised ";
in subsection (2), for the words "crofter required by such an order to surrender his croft " there shall be substituted the words " statutory small tenant, resumption of whose holding is authorised by such an order ";
in subsections (2) and (3), for the words " croft is required to be surrendered", wherever they occur, there shall be substituted the words " holding is authorised to be resumed ";
in subsection (2)(a), after the words " year, etc.) " there shall be inserted the words " and section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 " and for the words " the crofter had not been so required to surrender his croft" there shall be substituted the words " resumption of the holding had not been so authorised ";
for subsection (2)(b) there shall be substituted the following paragraph—;
in subsection (5), for the words "to surrender", wherever they occur, there shall be substituted the words " authorising resumption of ".
Section 83.
Section 86.
Act partly in force at Royal Assent, Act wholly in force at 23.6.1973 see s. 89(2) Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(3)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 12(1) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(1)(a) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(1)(b) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(1)(c) Ss. 2(8), 4(6), 5(6), 6(7), 8(8), 10(5), 11(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(2)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(4)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 Words in s. 3(5) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 102 (with Sch. 5) Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(4)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words inserted by Airports Authority Act 1975 (c. 78), Sch. 5 Pt. II para. 5 Words inserted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 12(2) Words inserted by Civil Aviation Act 1980 (c. 60), s. 20(1)(a) Para. added by Civil Aviation Act 1980 (c. 60), s. 20(1)(b) Ss. 2(8), 4(6), 5(6), 6(7), 8(8), 10(5), 11(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 5(2) substituted (25.7.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1, 123:1), s. 31(4), Sch. 6 para. 5(1)(a) (as applied retrospectively by para. 5(2)) (with s. 84(5)) S. 5(3)(a)(b) repealed (25.7.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1, 123:1), ss. 31(4), 84(6), Sch. 6 para. 5(1)(b), Sch. 19 Pt. II (as applied retrospectively by para. 5(2)) (with s. 84(5)) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(2)(b)(iii) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(2)(c) S. 5(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 6(3) substituted (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(5)(a), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4) Words in s. 6(3) substituted (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(5)(b), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4) Ss. 2(8), 4(6), 5(6), 6(7), 8(8), 10(5), 11(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 8(4) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 40(1) (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2 Words repealed by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1 S. 8(4A) inserted by Local Land Charges Act 1975 (c. 76), s. 19, Sch.1 Ss. 2(8), 4(6), 5(6), 6(7), 8(8), 10(5), 11(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 10(2) and sidenote substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 13 (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2 Ss. 2(8), 4(6), 5(6), 6(7), 8(8), 10(5), 11(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 2(8), 4(6), 5(6), 6(7), 8(8), 10(5), 11(6) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(4)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 S. 12A inserted (1.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para.5; S.I. 1993/2134, art. 5(b). Words in s. 13(1) substituted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 20(a) (with s. 84(5)); S.I. 1991/2067, art.3 Words in s. 13(1) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 18(1); 2006 No. 2, Instrument made by Archbishops Words in s. 13(1) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 18(1); 2006 No. 2, Instrument made by Archbishops Words in s. 13(2) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 18(2); 2006 No. 2, Instrument made by Archbishops Words in s. 13(2) added (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 20(b) (with s. 84(5)); S.I. 1991/2067, art.3 S. 14 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. XII Words in s. 16(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 103 (with Sch. 5) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(4)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words substituted by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(4)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Ss. 18(2), 19(4) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 Pt. II para. 51(a) Words in pargaraph (a) of the definition of the “appropriate highway authority” in s. 19(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 40(2)(a) (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2); S.I. 1996/396, art. 4, Sch. 2 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 Pt. II para. 51(b) Words in paragraph (b) of the definition of the “appropriate highway authority” in s. 19(1) inserted (1.4.1996) by S.I. 1996/525, art. 3, Sch. Pt. I para. 1 Definition repealed by Local Government, Planning and Land Act 1980 (c. 65), s. 112(5)(9), Sch. 34 Pt. XII except in cases where the relevant date was more than 3 years before 13.11.1980 Definition inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(5)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Highways Act 1980 (c. 66), Sch. 24 para. 23(a) Definitions repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II S. 19(2A) inserted by Local Government, Planning and Land Act 1980 (c. 65) s. 112(6)(9) except in cases where the relevant date was more than 3 years before 13.11.1980 Words repealed by Local Government, Planning and Land Act 1980 (c. 65), s. 112(8)(9), Sch. 34 Pt. XII except in cases where the relevant date was more than 3 years before 13.11.1980 Ss. 18(2), 19(4) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words inserted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), Sch. 13 para. 29(a) S. 20(10) repealed by Highways Act 1980 (c. 66), Sch. 25 S. 20(11) repealed by Rent Act 1977 (c. 42), s. 155(5), Sch. 25 Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), Sch. 13 para. 29(b) S. 20A inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 5(1)(2) (with s. 84(5)); S.I. 1991/2067, art. 3. S. 21 repealed by Airports Authority Act 1975 (c. 78), Sch. 6 Ss. 22–25 repealed by Highways Act 1980 (c. 66), Sch. 25 Words in s. 26(2) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 21(a)(with s. 84(5)); S.I. 1991/2067, art. 3. S. 26(2A)(2B) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 62(1)(with s. 84(5)); S.I. 1991/2607,art. 3. Words in s. 26(5) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 21(b)(with s. 84(5)); S.I. 1991/2607, art. 3. Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(3) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 28(5), 31 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 29(1)(b) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 3(2)(a); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) Words inserted by Housing Act 1974 (c. 44) , s. 130 , Sch. 13 para. 38(1)(b) S. 29(1)( d ) substituted by Housing (Consequential Provisions) Act 1985 (c. 71) , s. 4 , Sch. 2 para. 24(2) ( b ) Words in s. 29(1)(d) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 4 (with art. 6, Sch. 3) Words in s. 29(1)(d) substituted (1.10.1996) by S. I 1996/2325, art. 5(1), Sch. 2 para. 3(2) S. 29(1)(e) inserted by Housing and Planning Act 1986 (c. 63, SIF 61) , s. 9(3) (a) S. 29(1)(f) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 7(2)(a)(i) Words in s. 29(1) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 111(2), 118(5)(e) (with ss. 111(6)(7), 116) Paras. (i) to (iv) substituted for words by Housing Act 1974 (c. 44) , s. 130 , Sch. 13 para. 38(1)(c) Words in s. 29(1)(ii) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 3(2)(b); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) Word following s. 29(1)(iii) repealed (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067 , art. 4 ) by Planning and Compensation Act 1991 (c. 34, SIF 28:1) , ss. 70 , 84(6) , Sch. 15 para. 22(2)(b) , Sch. 19 Pt. III (with s. 84(5) ); S.I. 1991/2067 , art. 3 Word in s. 29(1) inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067 , art. 4 ) by Planning and Compensation Act 1991 (c. 34, SIF 28:1) , s. 70 , Sch. 15 para. 22(2)(c) (with s. 84(5) ); S.I. 1991/2067 , art. 3 . S. 29(1)(v) inserted by Housing and Planning Act 1986 (c. 63, SIF 61) , s. 9(3) ( b ) Words in s. 29(1)(v) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 7(2)(a)(ii) Word in s. 29(1)(v) inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067 , art. 4 ) by Planning and Compensation Act 1991 (c. 34, SIF 28:1) , s. 70 , Sch. 15 para. 22(2)(d) (with s. 84(5) ); S.I. 1991/2067 , art. 3 . S. 29(2) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34) , s. 68(1)(9) (with s. 84(5) ); S.I. 1991/2067 , art. 3 . S. 29(3A) inserted by Housing Act 1974 (c. 44) , s. 130 , Sch. 13 para. 38(2) Words in s. 29(3A) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 3(3); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) S. 29(3B) inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5) , Sch. 7 para. 7(2) (with s. 111 , Sch. 7 para. 7(5) ); S.I. 2004/2593 , art. 2(d) S. 29(4)(b) substituted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067 , art. 4 ) by Planning and Compensation Act 1991 (c. 34, SIF 28:1) , s. 70 , Sch. 15 para. 22(4)(a) (with s. 84(5) ); S.I. 1991/2067 , art. 3 . S. 29(4)(c) repealed by Land Compensation (Scotland) Act 1973 (c. 56) , Sch. 2 Pt. I S. 29(4)(e) substituted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067 , art. 4 ) by Planning and Compensation Act 1991 (c. 34, SIF 28:1) , s. 70 , Sch. 15 para. 22(4)(b) (with s. 84(5) ); S.I. 1991/2067 , art. 3 . Word in s. 29(4)(e) omitted (12.2.1997) by virtue of S.I. 1997/74 , art. 2 , Sch. para. 1 S. 29(4)(e)(iv) and word immediately preceding it inserted (12.2.1997) by S.I. 1997/74 , art. 2 , Sch. para. 1 Word in s. 29(4)(e) omitted (W.) (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 7(2)(b)(i) S. 29(4)(e)(v)(vi) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 7(2)(b)(ii) S. 29(5) repealed (25.09.1991) by Planning and Compensation Act 1991 (c. 34), ss. 68(2)(9) , 84(6) , Sch. 19 Pt. III (with s. 84(5)); S.I. 1991/2067 , art. 3 S. 29(7) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 3(4); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) S. 29(7A) inserted by Housing Act 1974 (c. 44) , s. 130 , Sch. 13 para. 38(3) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 29A heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(4); S.I. 2005/3175, art. 2(1), Sch. 1 S. 29A inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 69 (with s. 84(5)); S.I. 1991/2067, art. 3. Words in s. 29A(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(2)(a); S.I. 2005/3175, art. 2(1), Sch. 1 Words in s. 29A(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(2)(b); S.I. 2005/3175, art. 2(1), Sch. 1 Words in s. 29A(2)(a) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 48(2) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(b) Words in s. 29A(2)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(3); S.I. 2005/3175, art. 2(1), Sch. 1 S. 30 substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(3)(9) (with s. 84(5)); S.I. 1991/2067, art. 3. Words in s. 30(3)(a) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 113(6), 118(5)(g)(i) (with s. 116) Words in s. 30(3) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 104 (with Sch. 5) Ss. 28(5), 31 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 32(1)-(3A) substituted (25.09.1991) for s. 32(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(4)(9) (with s. 84(5)); S.I. 1991/2067, art. 3. Words substituted by Local Government, Planning and Land Act 1980 (c. 65) s. 114(3)(6) except in cases where the date of displacement was more than 6 months before 13.11.1980 Words in s. 32(4) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(5)(9)(with s. 84(5)); S.I. 1991/2067, art. 3 Words in s. 32(5) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(6)(9) (with s. 84(5)); S.I. 1991/2067, art. 3. Words in s. 32(7)(7B) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(7)(9) (with s. 84(5)); S.I. 1991/2067, art. 3. S. 32(7A) inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 114(4)(6) except in cases where the date of displacement was more than 6 months before 13.11.1980 S. 32(7B) inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 9(4) Words in s. 32(7B)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 5 (with art. 6, Sch. 3) Words in s. 32(7B)(b) repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 5 Words in s. 32(7B) substituted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 23 (with s. 84(5)); S.I. 1991/2067, art. 3. S. 32(7C) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 7(3) S. 32(8) repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt XII S. 32(9) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 32A inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 111(3), 118(5)(e) (with ss. 111(6)(7), 116) Word in s. 33(1) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 111(4)(a), 118(5)(e) (with ss. 111(6)(7), 116) Words in s. 33(2) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(a)(9)(with s. 84(5)); S.I. 1991/2067, art.3 Words in s. 33(3) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(b)(9) (with s. 84(5)); S.I. 1991/2067, art. 3. S. 33(4) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(c)(9) (with s. 84(5)); S.I. 1991/2067, art. 3. S. 33(5)(a) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(d)(9) (with s. 84(5)); S.I. 1991/2067, art.3. Words in s. 33(5)(c) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(d)(9) (with s. 84(5)); S.I. 1991/2067,art. 3. Word in s. 33(6) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 111(4)(b), 118(5)(e) (with ss. 111(6)(7), 116) S. 33A and cross-heading inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 106 (with s. 106(2)(3)); S.I. 2004/2593, art. 2(a) S. 33A(1A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(2)(a), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33A(2) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(2)(b), 118(5)(e) (with ss. 110(5)(6), 116) S. 33A(4)(b) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 10; S.I. 2016/733, reg. 3(j) Words in s. 33A(4)(e) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 105 (with Sch. 5) Words in s. 33A(6) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 113(7), 118(5)(g)(i) (with s. 116) Ss. 33B-33C inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 107 (with s. 107(2)(3)); S.I. 2004/2593, art. 2(a) S. 33B(1A)(1B) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(a), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33B(2) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(b), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33B(3) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(c), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33B(5) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 113(8), 118(5)(g)(i) (with s. 116) S. 33B(7A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(d), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33B(8) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(e), 118(5)(e) (with ss. 110(5)(6), 116) S. 33B(8A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(f), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33B(9) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(3)(g), 118(5)(e) (with ss. 110(5)(6), 116) S. 33C(1A)(1B) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(a), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33C(2) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(b), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33C(3) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(c), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33C(5) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 113(9), 118(5)(g)(i) (with s. 116) S. 33C(7A)(7B) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(d), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33C(8) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(e), 118(5)(e) (with ss. 110(5)(6), 116) S. 33C(9A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(f), 118(5)(e) (with ss. 110(5)(6), 116) Words in s. 33C(10) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(g)(i), 118(5)(e) (with ss. 110(5)(6), 116) Word in s. 33C(10) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(g)(ii), 118(5)(e) (with ss. 110(5)(6), 116) S. 33C(11) omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 110(4)(h), 118(5)(e) (with ss. 110(5)(6), 116) S. 33D inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 108 (with s. 108(2)); S.I. 2004/2593, art. 2(a) S. 33D(4)(b)(c) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 4(2); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) Words in s. 33D(4)(d) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 17 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d) S. 33D(5) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 4(3); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) S. 33D(6)(6A) substituted for s. 33D(6) (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 111(5), 118(5)(e) (with ss. 111(6)(7), 116) Ss. 33E-33K inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 109; S.I. 2004/2593, art. 2(a) Words in s. 33I(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 106 (with Sch. 5) Ss. 34-36 repealed (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 7(3), 9 (with s. 111, Sch. 7 para. 7(5), 9); S.I. 2004/2593, art. 2(d)(e) S. 37(1)(b) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(2)(a); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) Words inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(1)(b) S. 37(1)(d) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(3)(b) Words in s. 37(1)(d) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 6 (with art. 6, Sch. 3) Words in s. 37(1)(d) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 3(3) Paras. (i) to (iv) substituted for words by Housing Act 1974 (c. 44), s.130, Sch. 13 para. 39(1)(d) Words in s. 37(1)(ii) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(2)(b); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) S. 37(2)(b)(ii) repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 31 Word in s. 37(2)(c) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(3); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) S. 37(2)(d) added by Housing Rents and Subsidies Act 1975 (c. 6), s. 17(4), Sch. 5 para. 10(b) and continued by virtue of Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(3)(d) Words repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I Words substituted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(2) Words in s. 37(3) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(4); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) S. 37(3A) inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(3) Words in s. 37(3A) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(5); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 32(9), 34(7), 37(8), 41(11), 44(3), 46(8) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 37(9) repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(6), 16; S.I. 2006/1060, art. 2(1)(d)(e) (with Sch.); S.I. 2006/1535, art. 2(b)(c) (with Sch.) Word inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(4) Words in s. 38(3)(a) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 24 (with arts. 1(3), 3) Words in s. 38(3)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 31 Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 38(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 107 (with Sch. 5) S. 39(1)(b) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 6(2); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, arts. 1(2)(c), 2(b) (with art. 3, Sch.) Words inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 40(1) S. 39(1)(d) (which was inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 40(1)) repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(6) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words added by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 40(2) Words inserted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(4)(b) S. 39(4)(c) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 39(4)(d) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 17(2); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13) S. 39(4)(f) and (8)(d) repealed (1.10.1998) by 1998 c. 38 , s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4 S. 39(5) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I Word inserted by Housing Act 1974 (c. 44), s. 130, Sch, 13 para. 40(3) Words in s. 39(6) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34) , s. 270(4)(5)(f), Sch. 15 para. 6(3); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, arts. 1(2)(c), 2(b) (with art. 3, Sch.) S. 39(6A) inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 40(4) Words in s. 39(6A) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 6(4); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, arts. 1(2)(c), 2(b) (with art. 3, Sch.) S. 39(7) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 29(4)(c) Words in s. 39(8)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 17(3)(a); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13) Words in s. 39(8)(c) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 17(3)(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13) S. 39(8A) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I S. 39(9)(a): words in s. 39(9) renumbered as s. 39(9)(a) (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 17(4)(a); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 39(9) repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 6(5), Sch. 16; S.I. 2006/1060, art. 2(1)(d)(e) (with Sch.); S.I. 2006/1535, arts. 1(2)(c), 2(b) (with art. 3, Sch.) Word inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 40(7) S. 39(9)(b) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 17(4)(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13) Words in s. 39(9)(b)(i) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 3; S.I. 2012/57, art. 4(1)(aa) (with arts. 6, 7, 9-11) Ss. 32(9), 34(7), 37(8), 41(11), 44(3), 46(8) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(5)(a) Words inserted by Housing Act 1980 (c. 51), s. 138 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(5)(b) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(5)(c) S. 42(6) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(5)(d) Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 32(1)(2) Words substituted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 41(1) Words substituted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 41(2) Words substituted by Highways Act 1980 (c. 66), Sch. 24 para. 13(b) Words substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 14(1) Words inserted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 44(1) (with ss. 58(7), 101(1), 141(6), 153(1), 155, 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58) Words in s. 44(2) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para.23 S. 44(3) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(7)(a) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(7)(b) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(7)(c) Ss. 32(9), 34(7), 37(8), 41(11), 44(3), 46(8) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 47 substituted (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 35, 46(1); S.I. 2017/936, reg. 3(e) (with reg. 4) S. 48(1A) and words in s. 48(1) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 24 (with s. 37) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(2)(a) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(2)(b) Words substituted by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 13, Sch. 1 para. 6(2)(b) except in relation to notices to quit given before 7.4.1978: and Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 14 and continued by virtue of Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(2) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(3) S. 48(6A) inserted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(4) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), Sch. 3 para. 1 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), Sch. 12 para. 9(a) Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81(a), Sch. 12 para. 9(b) Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81(a), Sch. 12 para. 9(b) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(8) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 52(1)-(1B) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(2)(a), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) S. 52(2)(2A) substituted for s. 52(2) (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 194(2), 216(3); S.I. 2018/251, reg. 4(e) (with reg. 6) S. 52(4)(4ZA) substituted for s. 52(4) (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(2)(b), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) Word in s. 52(4)(b) omitted (6.4.2018) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 38(2)(a)(i), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) S. 52(4)(b)(iii) and word inserted (6.4.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 38(2)(a)(ii), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) Word in s. 52(4ZA)(b) omitted (6.4.2018) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 38(2)(b)(i), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) S. 52(4ZA)(b)(iii) and word inserted (6.4.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 38(2)(b)(ii), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) S. 52(4A)(5) substituted for s. 52(5) (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 63(1) (with s. 84(5)); S.I. 1991/2067, art. 3. S. 52(5) omitted (6.4.2018) by virtue of Housing and Planning Act 2016 (c. 22), ss. 197(3), 216(3); S.I. 2018/251, reg. 4(h) (with reg. 6) S. 52(6) substituted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 104(2)(b); S.I. 2004/2593, art. 2(a) Word substituted by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1 Words in s. 52(8) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 40(3) (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2 Words inserted by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1 Words repealed by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1 S. 52(8A) inserted by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1 Words substituted by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1 Word in s. 52(9) omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 33 (with Sch. 5 Pt. 4) Words in s. 52(9) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 197(4), 216(3); S.I. 2018/251, reg. 4(h) (with reg. 6) Words in s. 52(10) repealed (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), ss. 70, 84(6), Sch. 15 para. 24(b), Sch. 19 Pt. III (with s. 84(5)); S.I. 1991/2067, art. 3. S. 52(11) omitted (6.4.2018) by virtue of Housing and Planning Act 2016 (c. 22), ss. 195(2)(c), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) S. 52(13) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 52AZA inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 197(5), 216(3); S.I. 2018/251, reg. 4(h) (with reg. 6) Ss. 52ZA-52ZC inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 104(3); S.I. 2004/2593, art. 2(a) S. 52ZA(1) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(3), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) S. 52ZB(1) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(4)(a), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) Words in s. 52ZB(9)(c) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(4)(b), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) S. 52ZC(2) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 194(3), 216(3); S.I. 2018/251, reg. 4(e) (with reg. 6) S. 52ZC(3A)(3B) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(5)(a), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) Word in s. 52ZC(3A)(b) omitted (6.4.2018) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 38(3)(a)(i), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) S. 52ZC(3A)(b)(iii) and word inserted (6.4.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 38(3)(a)(ii), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) Word in s. 52ZC(3B)(b) omitted (6.4.2018) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 38(3)(b)(i), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) S. 52ZC(3B)(b)(iii) and word inserted (6.4.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 38(3)(b)(ii), 46(1); S.I. 2018/252, reg. 3 (with reg. 4) Words in s. 52ZC(4) omitted (6.4.2018) by virtue of Housing and Planning Act 2016 (c. 22), ss. 195(5)(b), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6) Words in s. 52ZC(7)(c) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 11; S.I. 2016/733, reg. 3(j) Words in s. 52ZC(10)(c) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 108 (with Sch. 5) S. 52ZD inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 194(4), 216(3); S.I. 2018/251, reg. 4(e) S. 52ZE inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 198, 216(3); S.I. 2018/251, reg. 4(i) (with reg. 6) S. 52A inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 63(2) (with s. 84(5)); S.I. 1991/2067, art. 3. Words in s. 52A(1) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 12(a); S.I. 2016/733, reg. 3(j) S. 52A(2)(2A) substituted for s. 52A(2) (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 104(4); S.I. 2004/2593, art. 2(a) Words in s. 52A(2) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 196(2)(a), 216(3); S.I. 2018/251, reg. 4(g) (with reg. 6) Words in s. 52A(9) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 12(b); S.I. 2016/733, reg. 3(j) S. 52B inserted (6.4.2017 for specified purposes) by Housing and Planning Act 2016 (c. 22), ss. 196(3), 216(3); S.I. 2017/281, reg. 4(k) Words inserted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(9)(a) Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), ss. 3, 4, Sch. 1 Pt. I, Sch. 2 para. 29(9)(b) Words substituted by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 16(1), Sch. 3 para. 1 Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 54(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 109 (with Sch. 5) Words in s. 54(3) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 109 (with Sch. 5) Words in s. 54(6)(b) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 109 (with Sch. 5) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 56(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 110 (with Sch. 5) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 54(2) Words in s. 56(3)(d) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 110 (with Sch. 5) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 54(3) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 57(1) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 13; S.I. 2016/733, reg. 3(j) Words substituted by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 16(1), Sch. 3 para. 1 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81(a), Sch. 12 para. 10 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(7) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 58(1) omitted (3.2.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 17 para. 5(a); S.I. 2017/75, reg. 3(g) (with reg. 5) Words repealed by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 16(3), Sch. 5 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(10) Words in s. 58(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 111 (with Sch. 5) S. 58(2) omitted (3.2.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 17 para. 5(b); S.I. 2017/75, reg. 3(g) (with reg. 5) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 55(2)(a) Words in s. 59(1)(b)(ii) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 201(a) (with Sch. 3) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 55(2)(b) Words substituted by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), Sch. 1 para. 6(4)(d) except in relation to notices to quit given before 7.4.1978:and Agricultural Holdings (Notices to Quit) Act 1977 (c. 12 , s. 14 and continued by virtue of Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 55(2) S. 59(1A) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 201(b) (with Sch. 3) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 55(3) Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 54(4) Words in s. 59(7) inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para.7 (with s. 84(5)); S.I. 1991/2067,art. 3. S. 59(8) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words in s. 61(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 202 (with Sch. 3) Words in s. 61(2) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 112 (with Sch. 5) Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 64 repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 6 Pt. I Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 S. 73(2) repealed by Housing Act 1974 (c. 44), s. 130, Sch. 15 Ss. 68-82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1-6 Ss. 68-82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1-6 Ss. 75(2)(3), 77(1)(2), 82(2)(3) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 Ss. 75(2)(3), 77(1)(2), 82(2)(3) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 S. 78(5) repealed by Highways Act 1980 (c. 66), Sch. 25 Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 Ss. 68–82 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1–6 Ss. 75(2)(3), 77(1)(2), 82(2)(3) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I S. 83 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I S. 84A inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 105(3), 118(5)(a) (with s. 116) Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 56 Words substituted by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(11) Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 12(3) Definitions repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II Words in s. 87(1) repealed (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 7(4), 9 (with s. 111, Sch. 7 para. 7(5)); S.I. 2004/2593, art. 2(d)(e) Definition of “housing association” substituted for definitions of “housing association” and “registered” by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(9) Words in s. 87(1) repealed (with savings) (1.10.1996) by S.I. 1996/2325, art. 4(1)-(3), Sch. 1 Pt. I Words in s. 87(1) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 7(4) Definitions repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I s. 87(3) repealed by Highways Act 1980 (c. 66), Sch. 25 Words added by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II Schs. 1, 2 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I Act applied (with modifications) (7.3.1995) by S.I. 1995/519, art. 23(3), Sch. 4 paras. 1, 2 (with art. 73) Act applied (with modifications) (18.12.1996) by 1996 c. 61, s. 4, Sch. 4 Pt. III paras. 8(2)(a), 9(9)(10) Act applied (with modifications) (10.2.1997) by S.I. 1997/264, art. 19(3), Sch. 7 paras. 1, 2 Act applied (with modifications) (21.5.1997) by S.I. 1997/1266, art. 26(3), Sch. 8 paras. 1, 2 (with art. 41) Act applied (with modifications) (3.6.1999) by S.I. 1999/1555, art. 5(4), Sch. 1 paras. 1, 2 Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 Act applied (with modifications) (20.1.1999) by S.I. 1999/2336, art. 14, Sch. 4 paras. 1, 2 Act applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 17(3), Sch. 7 paras. 1, 2 Act applied (with modifications) (2.3.2001) by S.I. 2001/1367, art. 9(3), Sch. 2 paras. 1, 2 Act applied (with modifications) (2.3.2001) by S.I. 2001/1368, art. 9(3), Sch. 3 paras. 1, 2 Act applied (with modifications) (2.3.2001) by S.I. 2001/1369, art. 6(3), Sch. 1 paras. 1, 2 Act applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 26(3), Sch. 7 paras. 1, 2 Act applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 6(3), Sch. 2 paras. 1, 2 Act applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 15(7), Sch. 2 paras. 1, 2 Act applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 21(3), Sch. 7 paras. 1, 2 Act applied (with modifications) (30.4.2002) by S.I. 2002/1064, art. 11, Sch. 2 para. 2 Act applied (with modifications) (30.4.2002) by S.I. 2002/1065, art. 11, Sch. 3 para. 2 Act applied (with modifications) (14.3.2002) by S.I. 2002/412, art. 18, Sch. 4 para. 2 Act applied (with modifications) (31.5.2002) by S.I. 2002/1327, art. 21, Sch. 4 para. 2 Act applied (with modifications) (30.4.2002) by S.I. 2002/1066, art. 23, Sch. 7 para. 2 Act modified (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), art. 1, Sch. 9 para. 2 (with art. 40) Act applied (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), Sch. 9 paras. 1, 2 (with art. 38) Act applied (with modifications) (2.4.2004) by Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), Sch. 8 paras. 1, 2 Act applied (with modifications) (19.11.2004) by Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), Sch. 3 para. 2 (with art. 38) Act applied (with modifications) (28.1.2005) by East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), Sch. 1 para. 2 Act applied (with modifications) (11.2.2005) by Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), Sch. 7 para. 2 (with arts. 65, 66) Act modified (22.3.2005) by Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), Sch. 7 para. 2 (with art. 51) Act modified (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), Sch. 6 para. 2 Act applied (with modifications) (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), Sch. 7 para. 2 Act applied (with modifications) (25.11.2005) by Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), Sch. 7 paras. 1, 2 (with arts. 3(5), 15(3)) Act applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), Sch. 7 paras. 1, 2 (with art. 52) Act modified (14.9.2006) by The Borough of Poole (Poole Harbour Opening Bridges) Order 2006 (S.I. 2006/2310), Sch. 3 para. 2 (with art. 40, Sch. 7 para. 12) Act applied (with modifications) (22.11.2006) by Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), Sch. 8 paras. 1, 2 (with art. 43) Act modified (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), Sch. 7 para. 2 (with arts. 34, 35(2)) Act modified (13.12.2006) by Luton Dunstable Translink Order 2006 (S.I. 2006/3118), Sch. 7 para. 2 Act modified (19.3.2007) by Ouseburn Barrage Order 2007 (S.I. 2007/608), Sch. 4 para. 2 (with arts. 46-48, Sch. 6 para. 23) Act modified (23.8.2007) by Docklands Light Railway (Capacity Enhancement andd 2012 Games Preparation) Order 2007 (S.I. 2007/2297), Sch. 6 para. 2 (with arts. 3(6), 12(3)) Act modified (17.12.2007) by Felixstowe Dock and Railway Company (Land Acquisition) Order 2007 (S.I. 2007/3345), Sch. 1 para. 2 Act applied (with modifications) (21.5.2008) by Teesport (Land Acquisition) Order 2008 (S.I. 2008/1238), Sch. 1 para. 2 Act applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 6 paras. 6(2), 7 Act modified (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), Sch. 6 para. 2 (with art. 36(3)) Act modified (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), Sch. 7 para. 2 (with Sch. 13 para. 14(2), 14 para. 19) Act modified (18.9.2009) by London Underground (Victoria Station Upgrade) Order 2009 (S.I. 2009/2364), Sch. 5 para. 2 Act modified (28.10.2009) by Network Rail (Reading) (Land Acquisition) Order 2009 (S.I. 2009/2728), Sch. 2 para. 2 Act modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), Sch. 6 para. 2 Act modified (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), Sch. 6 para. 2 (with art. 51, Sch. 10 paras. 68, 85) Act modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), Sch. 8 para. 2 Act modified (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), Sch. 3 para. 2 (with arts. 46-48, Sch. 8 para. 18) Act modified (12.8.2012) by The Hinkley Point (Temporary Jetty) (Land Acquisition) Order 2012 (S.I. 2012/1924), Sch. 1 para. 2 Act modified (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), Sch. 5 para. 2 (with art. 26(2)) Act modified (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), Sch. 9 para. 2(1) (with art. 35(2)) Act modified (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), Sch. 10 para. 2 (with art. 42(2)) Act applied (with modifications) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), Sch. 11 para. 2 (with arts. 48, 68, 79, 83) Act applied (with modifications) (16.4.2013) by The Network Rail (Pont Briwet) (Land Acquisition) Order 2013 (S.I. 2013/767), Sch. 1 para. 2(2) (with arts. 20, 21) Act applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), Sch. 5 para. 2 Act modified (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I. 2013/1933), Sch. 8 para. 2 Act modified (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), Sch. 5 para. 2 (with arts. 42, 43) Act modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), Sch. 9 para. 2 Act modified (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), Sch. 7 para. 2 (with arts. 27(2), 39, Sch. 10 para. 4) Act modified (9.1.2014) by The National Grid (King’s Lynn B Power Station Connection) Order 2013 (S.I. 2013/3200), Sch. 3 para. 2 Act modified (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), Sch. 6 para. 2 (with arts. 57, 58, Sch. 11 para. 19) Act modified (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), Sch. 3 para. 2 Act modified (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), Sch. 8 para. 2 (with art. 34(2)) Act modified (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), Sch. 10 para. 2 Act applied (with modifications) (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), art. 17(4), Sch. 7 para. 2 (with arts. 37, 38, Sch. 9 para. 19) Act applied (with modifications) (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), Sch. 8 para. 2 (with arts. 12, 13, Pt. 2 para. 6, 3 para. 5, 4 para. 4, 5 para. 4, Sch. 12 para. 19) Act applied (with modifications) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), Sch. 5 para. 2 (with art. 31(2)) Act applied (with modifications) (18.9.2014) by The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 (S.I. 2014/2269), Sch. 6 para. 2 Act modified (28.11.2014) by The Walney Extension Offshore Wind Farm Order 2014 (S.I. 2014/2950), Sch. 7 para. 2 (with arts. 38, 39) Act modified (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), Sch. 3 para. 2 (with Sch. 8 para. 45) Act modified (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I. 2014/3331), Sch. 6 para. 2 (with arts. 37, 38) Act applied (with modifications) (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), Sch. 7 para. 2 Act modified (2.2.2015) by The Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015 (S.I. 2015/23), Sch. 11 para. 2 Act modified (25.2.2015) by The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015 (S.I. 2015/129), Sch. 6 para. 2 Act modified (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), Sch. 6 para. 2(1) (with arts. 40, 41, Pt. 2 para. 4(2), (3), 19, 4 para. 3, 4, 16, Sch. 12 paras. 4, 9(2), 10) Act modified (1.4.2015) by The Knottingley Power Plant Order 2015 (S.I. 2015/680), Sch. 6 para. 2 (with Sch. 8 para. 10) Act applied (with modifications) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), Sch. 9 para. 2 (with art. 36(2)) Act applied (with modifications) (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), Sch. 2 para. 2 Act applied (with modifications) (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), Sch. 11 para. 2 Act applied (with modifications) (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), Sch. 5 para. 2 (with arts. 51, 53) Act applied (with modifications) (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), Sch. 7 para. 2 Act applied (with modifications) (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), Sch. 5 para. 2 (with arts. 20(6), 30) Act modified (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), Sch. 6 para. 2 (with arts. 40, 41) Act applied (30.9.2015) by The Network Rail (Blackthorn and Piddington) (Land Acquisition) Order 2015 (S.I. 2015/1684), Sch. 1 para. 2 Act applied (with modifications) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), Sch. 4 para. 2 Act modified (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), Sch. 3 para. 2 (with art. 26, Sch. 3 para. 1) Act modified (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), Sch. 6 para. 2 Act applied (with modifications) (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), Sch. 14 para. 2 Act modified (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), art. 22, Sch. 10 para. 2 (with art. 32) Act applied (with modifications) (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), Sch. 6 para. 2 (with art. 37) Act applied (with modifications) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), Sch. 6 para. 2 (with art. 39) Act modified (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), Sch. 6 para. 2 (with arts. 4, 5(3)) Act applied (with modifications) (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), Sch. 2 para. 2 (with art. 39) Act applied (with modifications) (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), Sch. 5 para. 2 (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2)) Act applied (with modifications) (2.8.2016) by The Meaford Gas Fired Generating Station Order 2016 (S.I. 2016/779), arts. 1, 8, 18(3), Sch. 3 para. 2 Act applied (with modifications) (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), Sch. 3 para. 2 (with arts. 35, 36) Act applied (with modifications) (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), Sch. 7 para. 2 (with art. 35) Act applied (with modifications) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), Sch. 6 para. 2 (with arts. 37, 38) Act applied (with modifications) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), Sch. 11 para. 2 (with art. 43) Act applied (with modifications) (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), Sch. 6 para. 2 Act applied (with modifications) (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), Sch. 6 para. 2 (with arts. 39, 40, Sch. 8 para. 19) Act applied (with modifications) (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), Sch. 5 para. 2 (with arts. 43, 44) Act applied (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), Sch. 9 paras. 1, 2(9) Act applied (with modifications) (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), Sch. 11 para. 2 Act applied (with modification) (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), Sch. 7 para. 2 Act modified (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), Sch. 10 para. 2 (with art. 22) Act applied (with modifications) (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), Sch. 6 para. 2(1) (with arts. 36, 37, Sch. 8 para. 34) Act applied (with modifications) (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), Sch. 3 para. 2 (with Sch. 8 para. 20) Act applied (with modifications) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), Sch. 7 paras. 1, 3 (with art. 32(2)) Act applied (with modifications) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), art. 1, Sch. 3 paras. 1, 2 (with arts. 55-57, Sch. 8 para. 13) Act modified (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), Sch. 4 para. 3 (with arts. 58, 59) Act modified (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), Sch. 6 para. 3 (with arts. 24(8), 33(2)) Act modified (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), Sch. 5 para. 3 Act modified (4.6.2018) by The Network Rail (Kings Mill No. 1 Level Crossing) (Land Acquisition and Closure) Order 2018 (S.I. 2018/571), Sch. 2 para. 3 Act modified (28.6.2018) by The High Speed Rail (London West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018 (S.I. 2018/693), Sch. 6 para. 3 Act applied (with modifications) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), Sch. 9 para. 3 (with art. 31(2)) Act applied (with modifications) (26.9.2018) by The Network Rail (Felixstowe Branch Line Improvements Level Crossings Closure) Order 2018 (S.I. 2018/937), Sch. 8 para. 3 Act applied (with modifications) (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), Sch. 9 para. 2 (with arts. 6, 42) Act modified (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), art. 1, Sch. 5 para. 3 (with arts. 55, 56) Act modified (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), art. 1, Sch. 8 para. 2 Act applied (with modifications) (7.5.2019) by The Midland Metro (Birmingham City Centre Extension, etc.) (Edgbaston Extension Land Acquisition) Order 2019 (S.I. 2019/882), arts. 1, 7, Sch. 2 para. 3 (with arts. 12, 18) Act modified (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), art. 1, Sch. 8 para. 2 Act modified (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), art. 1, Sch. 9 para. 2 Act modified (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), art. 1, Sch. 12 para. 3 (with Sch. 13 Pt. 1 para. 19) Act modified (25.2.2020) by The Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020 (S.I. 2020/114), art. 1, Sch. 13 para. 3 (with art. 37(2)) Act modified (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), art. 1, Sch. 6 para. 3 (with art. 3(1)) Act modified (4.3.2020) by The Midland Metro (Birmingham Eastside Extension) Order 2020 (S.I. 2020/141), , art. 1, Sch. 5 para. 3 (with arts. 47, 48, Sch. 10 para. 19) Act modified (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), art. 1, Sch. 4 para. 2 (with art. 7) Act modified (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development Consent Order 2020 (S.I. 2020/402), art. 1, Sch. 6 para. 3 (with arts. 5, 44) Act applied (with modifications) (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), art. 1, Sch. 8 para. 2 (with art. 7) Act modified (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), art. 1, Sch. 7 para. 3 (with arts. 51, 57) Act modified (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), art. 1, Sch. 12 para. 3 Act modified (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), art. 1, Sch. 6 para. 3 (with arts. 5, 44) Act modified (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), art. 1, Sch. 6 para. 2 (with art. 37) Act modified (22.7.2020) by The Norfolk Vanguard Offshore Wind Farm Order 2020 (S.I. 2020/706), art. 1, Sch. 7 para. 2 (with arts. 41, 42, Sch. 16 para. 66) Act modified (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), Sch. 7 para. 2 (with Sch. 9 para. 144) Act modified (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), Sch. 7 para. 3 Act modified (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), Sch. 6 para. 3 (with art. 32, Sch. 9 para. 36) Act modified (31.12.2020) by The Network Rail (Cambridgeshire Level Crossing Reduction) Order 2020 (S.I. 2020/1485), Sch. 14 para. 3 Act modified (19.1.2021) by The Network Rail (Suffolk Level Crossing Reduction) Order 2020 (S.I. 2020/1663), Sch. 8 para. 3 Act modified (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), Sch. 7 para. 2 (with arts. 40, 41, Sch. 9 Pt. 5 para. 18) Act modified (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I. 2021/74), art. 1, Sch. 7 para. 3 (with art. 5, Sch. 27 para. 36) Act applied (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 9 paras. 1, 2(10) Act modified (19.2.2021) by The A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (S.I. 2021/125), Sch. 6 para. 3 (with arts. 4, 47) Act modified (16.4.2021) by The Network Rail (Chart Leacon) Order 2021 (S.I. 2021/419), Sch. 1 para. 3 Act modified (1.9.2021) by The Network Rail (Teddington Station Access for All) Order 2021 (S.I. 2021/937), Sch. 5 para. 3 Act modified (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), art. 1, Sch. 7 para. 3 (with arts. 15, 50, Sch. 11 para. 29) Act applied (with modifications) (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), art. 1, Sch. 7 para. 2 (with arts. 41, 42, Sch. 17 para. 66) Act applied (with modifications) (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), art. 1, Sch. 7 para. 2 (with arts. 41, 42, Sch. 16) Act applied (with modifications) (10.3.2022) by The Thurrock Flexible Generation Plant Development Consent Order 2022 (S.I. 2022/157), art. 1, Sch. 7 para. 3 (with Sch. 8 Pt. 6 para. 19) Act modified (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), art. 1, Sch. 4 para. 3 (with art. 55) Act applied (with modifications) (22.4.2022) by The East Anglia TWO Offshore Wind Farm Order 2022 (S.I. 2022/433), arts. 1(2), 20(4), Sch. 8 para. 2 (with arts. 40, 41) Act modified (22.4.2022) by The East Anglia ONE North Offshore Wind Farm Order 2022 (S.I. 2022/432), art. 1(2), Sch. 8 para. 2 (with arts. 40, 41) Act applied (with modifications) (12.5.2022) by The M54 to M6 Link Road Development Consent Order 2022 (S.I. 2022/475), art. 1, Sch. 6 para. 3 Act applied (with modifications) (2.6.2022) by The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022 (S.I. 2022/549), art. 1, Sch. 6 para. 3 (with arts. 6, 34) Act applied (with modifications) (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 28, Sch. 7 para. 3 (with arts. 5, 36) Act applied (with modifications) (30.6.2022) by The Network Rail (Essex and Others Level Crossing Reduction) Order 2022 (S.I. 2022/651), art. 1, Sch. 12 paras. 1, 3 Act applied (with modifications) (13.7.2022) by The A47 Blofield to North Burlingham Development Consent Order 2022 (S.I. 2022/738), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 50) Act applied (with modifications) (1.8.2022) by The Northumberland Line Order 2022 (S.I. 2022/820), art. 1, Sch. 6 para. 3 (with Sch. 10 paras. 21, 43) Act applied (with modifications) (2.8.2022) by The Network Rail (Oxford Station Phase 2 Improvements (Land Only)) Order 2022 (S.I. 2022/871), art. 1, Sch. 1 para. 3 Act applied (with modifications) (2.8.2022) by The Network Rail (Oxford Station Phase 2 Improvements (Land Only)) (No. 2) Order 2022 (S.I. 2022/872), art. 1(1), Sch. 1 paras. 1, 3 Act applied (with modifications) (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), art. 1, Sch. 16 para. 2 (with arts. 62, 76, 87) Act applied (with modifications) (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), art. 1, Sch. 6 para. 3 (with arts. 4, 53) Act applied (with modifications) (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), art. 1, Sch. 6 paras. 1, 3 Act applied (with modifications) (8.9.2022) by The Manston Airport Development Consent Order 2022 (S.I. 2022/922), art. 1, Sch. 6 paras. 1, 3 (with arts. 5, 40) Act modified (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), art. 1, Sch. 12 para. 3 Act applied (with modifications) (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 52, Sch. 9 para. 82) Act applied (with modifications) (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), art. 1, Sch. 11 para. 3 (with art. 51) Act applied (with modifications) (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206), art. 1, Sch. 6 paras. 1, 3 (with art. 5) Act applied (with modifications) (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), art. 1, Sch. 6 paras. 1, 3 (with art. 4) Act modified (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), art. 1, Sch. 7 para. 2 (with art. 32, Sch. 10 paras. 26(2), 68) Act applied (with modifications) (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), art. 1, Sch. 10 paras. 1, 3 (with art. 34(2), Sch. 12 paras. 5, 47, 79) Act applied (with modifications) (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 50) Act modified (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), art. 1, Sch. 10 paras. 1, 2 (with art. 19) Act applied (with modifications) (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800), art. 1, Sch. 7 paras. 1, 2 (with arts. 42, 43, Sch. 9 Pt. 1 para. 4, Sch. 9 Pt. 3 para. 6(1), Sch. 9 Pt. 4 para. 20, Sch. 9 Pt 9 para. 4) Act applied (with modifications) (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order 2023 (S.I. 2023/834), art. 1, Sch. 5 paras. 1, 3 (with arts. 6(2), 18, Sch. 11 paras. 5, 30) Act applied (with modifications) (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I. 2023/923), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 45, Sch. 9 paras. 6, 46, 54(1)) Act applied (with modifications) (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033), art. 1, Sch. 8 paras. 1-3 (with arts. 36, 37, Sch. 9 paras. 14, 44(1), 76, 103) Act: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247) Act applied (with modifications) (7.2.2024) by The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024 (S.I. 2024/70), art. 1, Sch. 9 paras. 1, 2 (with art. 43, Sch. 12 paras. 5, 24) Act applied (with modifications) (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84) Act applied (with modifications) (11.3.2024) by The Net Zero Teesside Order 2024 (S.I. 2024/174), art. 1, Sch. 8 paras. 1, 2 (with arts. 42, 43, Sch. 12) Act applied (with modifications) (13.3.2024) by The Medworth Energy from Waste Combined Heat and Power Facility Order 2024 (S.I. 2024/230), art. 1, Sch. 9 paras. 1, 2 (with Sch. 11) Act applied (with modifications) (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), art. 1, Sch. 5 paras. 1, 3 (with arts. 18, 35, Sch. 9) Act applied (with modifications) (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), art. 1, Sch. 10 paras. 1, 2 (with art. 44, Sch. 15) Act applied (with modifications) (11.4.2024) by The HyNet Carbon Dioxide Pipeline Order 2024 (S.I. 2024/436), art. 1(2), Sch. 9 paras. 1, 3 (with arts. 21, 41, Sch. 10) Act applied (with modifications) (25.4.2024) by The Network Rail (Church Fenton Level Crossing Reduction) Order 2024 (S.I. 2024/526), art. 1, Sch. 10 paras. 1, 3 Act applied (with modifications) (9.5.2024) by The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 (S.I. 2024/564), art. 1, Sch. 8 paras. 1, 3 (with arts. 35, 36, Sch. 14) Act applied (with modifications) (13.6.2024) by The Network Rail (Cambridge Re-Signalling) Order 2024 (S.I. 2024/724), art. 1, Sch. 5 paras. 1, 3 (with art. 13) Act applied (with modifications) (14.6.2024) by The A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 (S.I. 2024/733), art. 1, Sch. 7 paras. 1, 3 (with art. 6, Sch. 10) Act applied (with modifications) (3.8.2024) by The Gate Burton Energy Park Order 2024 (S.I. 2024/807), art. 1, Sch. 10 paras. 1, 2 (with art. 45, Sch. 14) Act applied (with modifications) (3.8.2024) by The Sunnica Energy Farm Order 2024 (S.I. 2024/802), art. 1, Sch. 9 paras. 1, 2 (with art. 44, Sch. 12) Act applied (with modifications) (3.8.2024) by The Mallard Pass Solar Farm Order 2024 (S.I. 2024/796), art. 1, Sch. 10 paras. 1, 2 (with Sch. 15) Act applied (with modifications) (27.9.2024) by The Cottam Solar Project Order 2024 (S.I. 2024/943), art. 1, Sch. 10 paras. 1, 2 (with art. 48, Sch. 15) Act applied (with modifications) (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), art. 1, Sch. 9 paras. 1, 2 (with art. 40, Sch. 14) Act applied (with modifications) (9.10.2024) by The M3 Junction 9 Development Consent Order 2024 (S.I. 2024/752), art. 1, Sch. 6 paras. 1, 3 (with art. 4, Sch. 10) (as amended by S.I. 2024/1020, Sch.) Act applied (with modifications) (25.10.2024) by The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024 (S.I. 2024/1014), art. 1, Sch. 5 paras. 1, 3 (with arts. 36, 40, Sch. 4) Act applied (with modifications) (18.12.2024) by The Network Rail (Leeds to Micklefield Enhancements) Order 2024 (S.I. 2024/1284), art. 1, Sch. 11 paras. 1, 3 (with Sch. 15) Act applied (with modifications) (15.2.2025) by The West Burton Solar Project Order 2025 (S.I. 2025/116), art. 1, Sch. 10 paras. 1, 2 (with art. 47, Sch. 15) Act applied (with modifications) (17.2.2025) by The Heckington Fen Solar Park Order 2025 (S.I. 2025/85), art. 1, Sch. 9 paras. 1, 2 (with art. 43, Sch. 13) Act applied (with modifications) (27.2.2025) by The Associated British Ports (Immingham Green Energy Terminal) Order 2025 (S.I. 2025/165), art. 1, Sch. 11 paras. 1, 2 (with arts. 48, 59, Sch. 14) Act applied (with modifications) (4.4.2025) by The North Lincolnshire Green Energy Park Order 2025 (S.I. 2025/362), art. 1, Sch. 11 paras. 1, 2 (with Sch. 14) Act applied (with modifications) (15.4.2025) by The A122 (Lower Thames Crossing) Development Consent Order 2025 (S.I. 2025/462), art. 1, Sch. 9 paras. 1, 3 (with arts. 5, 43, 53(7), 54(2), Sch. 14) Act modified (23.4.2025) by The Cambridge Waste Water Treatment Plant Relocation Order 2025 (S.I. 2025/452), art. 1, Sch. 13 para. 2 (with Sch. 13 para. 1) Act modified (24.4.2025) by The London Luton Airport Expansion Development Consent Order 2025 (S.I. 2025/463), art. 1, Sch. 6 para. 2 (with Sch. 8 paras. 36(3), 87) Act applied (with modifications) (28.4.2025) by The Rampion 2 Offshore Wind Farm Order 2025 (S.I. 2025/468), art. 1, Sch. 8 paras. 1, 2 (with arts. 47, 48, Sch. 10) Act applied (with modifications) (1.5.2025) by The Viking CCS Carbon Dioxide Pipeline Order 2025 (S.I. 2025/509), art. 1(2), Sch. 8 paras. 1, 3 (with art. 41, Sch. 9) Act applied (with modifications) (31.5.2025) by The East Yorkshire Solar Farm Order 2025 (S.I. 2025/585), art. 1, Sch. 10 paras. 1, 2 (with art. 49, Sch. 14) Act applied (with modifications) (25.6.2025) by The M5 Junction 10 Development Consent Order 2025 (S.I. 2025/795), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 43, Sch. 9) Act applied (with modifications) (11.7.2025) by The Oaklands Farm Solar Park Order 2025 (S.I. 2025/739), art. 1, Sch. 7 paras. 1, 2 (with Sch. 10) Act applied (with modifications) (28.7.2025) by The Mona Offshore Wind Farm Order 2025 (S.I. 2025/870), art. 1, Sch. 9 paras. 1, 3 (with arts. 37, 38, Sch. 10) Act applied (with modifications) (14.8.2025) by The Byers Gill Solar Order 2025 (S.I. 2025/934), art. 1, Sch. 9 paras. 1, 2 (with art. 43, Sch. 11) Act applied (with modifications) (30.9.2025) by The M60/M62/M66 Simister Island Interchange Development Consent Order 2025 (S.I. 2025/1018), art. 1, Sch. 6 paras. 1, 3 (with arts. 5, 34, Sch. 9) Act applied (with modifications) (12.10.2025) by The Gatwick Airport (Northern Runway Project) Development Consent Order 2025 (S.I. 2025/1054), art. 1, Sch. 8 paras. 1, 2 (with arts. 5, 9(6), 43, Sch. 9) Act applied (with modifications) (22.10.2025) by The A46 Newark Bypass Development Consent Order 2025 (S.I. 2025/1090), art. 1, Sch. 6 paras. 1, 3 (with arts. 4, 9, 51, Sch. 9) Act applied (with modifications) (5.11.2025) by The Tillbridge Solar Order 2025 (S.I. 2025/1105), art. 1, Sch. 10 paras. 1, 2 (with art. 49, Sch. 15) Act applied (with modifications) (13.11.2025) by The Stonestreet Green Solar Order 2025 (S.I. 2025/1175), art. 1, Sch. 11 paras. 1, 2 (with art. 40, Sch. 13) Act applied (with modifications) (27.11.2025) by The Cory Decarbonisation Project Order 2025 (S.I. 2025/1227), art. 1, Sch. 9 paras. 1, 2 (with Sch. 12) Act applied (with modifications) (29.12.2025) by The Helios Renewable Energy Project Order 2025 (S.I. 2025/1372), art. 1, Sch. 8 paras. 1, 2 (with Sch. 9) Act applied (with modifications) (8.1.2026) by The Five Estuaries Offshore Wind Farm Order 2025 (S.I. 2025/1376), art. 1, Sch. 8 paras. 1, 3 (with arts. 39, 40, Sch. 9) Act applied (with modifications) (25.2.2026) by The A46 Coventry Junctions (Walsgrave) Development Consent Order 2026 (S.I. 2026/125), art. 1, Sch. 7 paras. 1, 3 (with arts. 40, 45, Sch. 9) (which affecting provisions were superseded by S.I. 2026/537, art. 1, Sch. 7 paras. 1, 3 (with arts. 40, 45, Sch. 9)) Act applied (with modifications) (3.3.2026) by The Network Rail (Kettering to Wigston South Junction and Napsbury Lane) (Land Acquisition) Order 2026 (S.I. 2026/141), art. 1, Sch. 2 paras. 1, 3 Act applied (with modifications) (4.3.2026) by The Outer Dowsing Offshore Wind Farm Order 2026 (S.I. 2026/138), art. 1(2), Sch. 8 paras. 1, 2 (with arts. 42, 43, Sch. 18) Act applied (with modifications) (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), art. 1, Sch. 10 paras. 1, 2 (with Sch. 14) Act applied (with modifications) (30.4.2026) by The Springwell Solar Farm Order 2026 (S.I. 2026/419), art. 1, Sch. 10 paras. 1, 2 (with art. 48) Act applied (with modifications) (5.6.2026) by The Dogger Bank South East and West Offshore Wind Farms Order 2026 (S.I. 2026/577), art. 1, Sch. 8 paras. 1, 3 (with arts. 40, 41, Sch. 15) Act applied (with modifications) (5.6.2026) by The North Falls Offshore Wind Farm Order 2026 (S.I. 2026/567), art. 1, Sch. 6 paras. 1, 3 (with arts. 44, 45, Sch. 14) Act applied (with modifications) (24.6.2026) by The Network Rail (Old Oak Common Great Western Mainline Track Access) Order 2026 (S.I. 2026/591), art. 1, Sch. 3 paras. 1, 3 (with art. 10) Act applied (with modifications) (23.7.2026) by The Peartree Hill Solar Farm Order 2026 (S.I. 2026/869), art. 1, Sch. 9 paras. 1, 2 (with art. 37, Sch. 11) Act applied (with modifications) (24.7.2026) by The Dean Moor Solar Farm Order 2026 (S.I. 2026/754), art. 1, Sch. 10 paras. 1, 2 (with Sch. 13) Pt. 1 (ss. 1–19) modified by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 Pt. III para. 27(1), Sch. 7 Pt. VI para. 2 Pt. 1 amended by Local Government, Planning and Land Act 1980 (c. 65), s. 113 Pt. 1 applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 152(7), 241(8) (with s. 226); S.I. 2010/101, art. 3(h) (with art. 6) Pt. 1 applied (with modifications) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), ss. 101(7), 147(2) (with s. 84(5)); S.I. 2025/698, art. 3(h) S. 5(2)(3)(4) applied by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 146(7), 147, 157(3) S. 5(2)-(5) applied (5.11.1993) by 1993 c. 42, s. 21, Sch. 7 para. 16(2)(e) (with s. 30(1), Sch. 2 para. 9). S. 8(1) modified by Local Government, Planning and Land Act 1980 (c. 65), s. 113(8) S. 10 applied (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 28(5) (with reg. 125) S. 10 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 30(5) S. 10 applied (30.10.1994) by S.I. 1994/2716, reg. 91(4) S. 10(1)-(3) applied by 2003 c. 21, Sch. 3A para. 84(4) (as inserted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/1286, reg. 2(b)) S. 10(1)-(3) applied by 1954 c. 56, s. 34C(4) (as inserted (7.4.2026) by Product Security and Telecommunications Infrastructure Act 2022 (c. 46), ss. 63, 79(2); S.I. 2025/1326, reg. 2(c) (with regs. 3-5)) S. 10(1)(b)(c)(2)(3) applied (5.11.1993) by 1993 c. 42, s. 21, Sch. 7 para. 16(3) (with s. 30(1), Sch. 2 para. 9). S. 18(1) modified by Local Government, Planning and Land Act 1980 (c. 65), s. 113(9) Pt. II(ss. 20–28) modified by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 Pt. III para. 27(1), Sch. 7 Pt. VI para. 2 S. 20 modified (18.12.1996) by 1996 c. 61, s. 49 S. 20 applied (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 31(1) (with art. 26(2)) S. 20A applied (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 31(1) (with art. 26(2)) S. 26 extended by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 Pt. III para. 27(8), Sch. 7 Pt. VI para. 2 S. 26 extended by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 1(6) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58) S. 28 modified (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 31(2) (with art. 26(2)) S. 28 modified (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 41(2) (with art. 35(2)) S. 28 modified (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 32(2) (with arts. 27(2), 39, Sch. 10 para. 4) S. 28 modified (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 40(2) (with art. 34(2)) S. 28 modified (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 47(2) (with art. 51) References to Rent Act 1968, ss. 70(3)(a) and 71 of that Act, and to a Part VI contract to be construed respectively as references to Rent Act 1977 (c. 42) , ss. 19 and 144 of that Act, and to a restricted contract: Rent Act 1977 (c. 42) , Sch. 24 para. 1(8) and Interpretation Act 1978 (c. 30) , s. 17(2)(a) . S. 32(7B) modified (1.12.2008) by Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1 (with art. 6) S. 33F(2)(3) modified (31.1.2019) by The Further Education Bodies (Insolvency) Regulations 2019 (S.I. 2019/138), regs. 1(1), 34 (with regs. 1(2), 3(b)) S. 33H applied by 1968 c. 34, s. 12(4) (as inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 4 (with s. 111); S.I. 2004/2593, art. 2(d)) S. 37(5) excluded by Conwy Tunnel (Supplementary Powers) Act 1983 (c. 7, SIF 59), s. 14(7) S. 37(5) modified (5.11.1993) by 1993 c. 42, s. 2, Sch. 2 para. 5(7) (with s. 30(1), Sch. 2 para. 9). S. 39: power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(c)(4) S. 40: power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(c)(4) S. 41: power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(c)(4) S. 44 applied (with modifications) (2.12.2020) by The Network Rail (London to Corby) (Land Acquisition) Order 2020 (S.I. 2020/1259), arts. 1(1), 7(4), Sch. 4 para. 3 S. 44(1) modified (18.6.1992) by Compulsory Purchase Act 1965 (c. 56), as applied (with modifications) by British Railways (No. 2) Act 1992 (c. xi), s. 27, Sch. 3 para.1. S. 44(1) modified (10.11.1993) by 1965 c. 56, s. 7(2) (as modified by 1993 c. 28, s. 169, Sch. 20 para.21; S.I. 1993/2762, art.3). S. 44(1) modified (27.8.1998) by S.I. 1998/1936, art. 29(3), Sch. 7 para. 2(1)(2) (with art. 45) S. 44(1) modified (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1965 c. 56, s. 7(2) (as modified by 1998 c. 45, s. 20, Sch. 5 Pt. II para. 4; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c)) S. 44 applied (with modifications) (19.2.1999) by S.I. 1999/537, art. 7(2), Sch. 2 para. 9 S. 44 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 15(3), Sch. 5 para. 2 S. 44 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 17(3), Sch. 7 para. 2 S. 44(1) modified (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), art. 1, Sch. 4 para. 2(2) S. 44(1) applied (with modifications) (8.10.2005) by Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005 (S.I. 2005/2786), art. 1, Sch. 7 para. 2(2) S. 44(1) applied (with modifications) (9.4.2013) by The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (S.I. 2013/675), art. 1, Sch. 10 para. 2(2) S. 44(1) modified (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), art. 1, Sch. 7 para. 2(2) (with art. 33) S. 44(1) applied (with modifications) (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), art. 1, Sch. 7 paras. 1, 2(2) (with art. 33) S. 44(1) modified (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), art. 1, Sch. 8 para. 2(2) S. 44(1) modified (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), art. 1, Sch. 6 para. 3(2) (with arts. 4, 37) S. 44(1) modified (3.10.2018) by The A19/A184 Testos Junction Alteration Development Consent Order 2018 (S.I. 2018/994), art. 1, Sch. 6 para. 3 (with arts. 3(3), 5) S. 44(1) modified (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), art. 1, Sch. 9 para. 3 (with art. 37) S. 44(1) modified (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020 (S.I. 2020/746), art. 1, Sch. 5 para. 3 (with art. 5) S. 44(1) modified (23.9.2020) by The Midland Metro (Wednesbury to Brierley Hill Land Acquisition) Order 2020 (S.I. 2020/1067), Sch. 2 para. 3 The text of Ss. 47(2), (3), 48(4), 86, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. “The said Act of 1968” means the Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) S. 51 extended by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 1(2)(xviii) (with ss. 58(7), 101(1), 141(6), 153(1), 155, 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58) S. 51 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(xxv), Sch. 17 paras. 33, 35(1) S. 51 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxvii), Sch. 8 para. 33 S. 51 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xx); S.I. 1996/218, art. 2 S. 52A modified by 1961 c. 33, s. 5A(5)(6) (as inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 103(2); S.I. 2004/2593, art. 2(a)) Ss. 53-56 excluded (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 25(1). Ss. 53-56 excluded (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 25(1). Ss. 53-56 excluded (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 25(1). Ss. 53-56 excluded (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 25(1). S. 58(1) modified (18.6.1992) by Compulsory Purchase Act 1965 (c. 56), as applied (with modifications) by British Railways (No. 2) Act 1992 (c. xi), s. 27, Sch. 3 para.2. S. 58 modified (10.11.1993) by 1965 c. 56, s. 8(4) (as substituted by 1993 c. 28, s. 169, Sch. 20 para.22; S.I. 1993/2762, art.3). S. 58(1) modified (27.8.1998) by S.I. 1998/1936, art. 29(3), Sch. 7 para. 2(1)(3) (with art. 45) S. 58 applied (with modifications) (19.2.1999) by S.I. 1999/537, art. 7(2), Sch. 2 para. 10 S. 58 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 15(3), Sch. 5 para. 2 S. 58 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 17(3), Sch. 7 paras. 1, 2 S. 58(1) modified (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), art. 1, Sch. 4 para. 2(3) S. 58(1) applied (with modifications) (8.10.2005) by Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005 (S.I. 2005/2786), art. 1, Sch. 7 para. 2(3) S. 58(1) applied (with modifications) (9.4.2013) by The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (S.I. 2013/675), art. 1, Sch. 10 para. 2(3) S. 58(1) applied (with modifications) (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), art. 1, Sch. 7 paras. 1, 2(3) (with art. 33) S. 58(1) modified (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), art. 1, Sch. 7 para. 2(3) (with art. 33) S. 58(1) modified (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), art. 1, Sch. 8 para. 2(3) The text of Ss. 47(2), (3), 48(4), 86, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Ss. 47(2), (3), 48(4), 86, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1961 c. 33. 1845 c. 18. 1965 c. 56. 1975 c. 76. 1925 c. 18. 1925 c. 18. 1925 c. 18. 1967 c. 88. 1976 GSM No. 4 1961 c. 33. 1980 c. 66. 1939 c. 21. 1967 c. 76. 1984 c. 27. 1990 c. 08 1925 c. 18 . 1981 c. 67 1939 c. 21. 1974 c. 44. 1954 c. 56. 1961 c. 33. 1958 c. 42. 1958 c. 55. 1845 c. 18. 1965 c. 56. 1980 c. 66. 1845 c. 18. 1965 c. 56. 1968 c. 34. 1961 c. 33. 1925 c. 18. 1975 c. 76. 1845 c. 18. 1965 c. 56. 1845 c. 18. 1965 c. 56. 1961 c. 33. 1965 c. 56. 1965 c. 56. 1845 c. 18. 1965 c. 56. 1968 c. 34. 1965 c. 56. 1968 c. 34. 1845 c. 18. 1961 c. 33. 1947 c. 48. 1961 c. 33. 1954 c. 56. 1972 c. 70. 1948 c. 28 (N.I.) 1972 c. 9 (N.I.) An Act to confer a new right to compensation for depreciation of the value of interests in land caused by the use of highways, aerodromes and other public works; to confer powers for mitigating the injurious effect of such works on their surroundings; to make new provision for the benefit of persons displaced from land by public authorities; to amend the law relating to compulsory purchase and planning blight; to amend section 35 of the Roads (Scotland) Act 1970; and for purposes connected with those matters.
Where the value of an interest in land is depreciated by physical factors caused by the use of public works, then, if— compensation for that depreciation shall, subject to the provisions of this Part of this Act, be payable by the responsible authority to the person making the claim (hereafter referred to as “the claimant”).
the interest qualifies for compensation under this Part of this Act; and
the person entitled to the interest makes a claim after the time provided by and otherwise in accordance with this Part of this Act,
The physical factors mentioned in subsection (1) above are noise, vibration, smell, fumes, smoke and artificial lighting and the discharge on to the land in respect of which the claim is made of any solid or liquid substance.
The public works mentioned in subsection (1) above are—
any highway;
any aerodrome; and
any works or land (not being a highway or aerodrome) provided or used in the exercise of statutory powers.
The responsible authority mentioned in subsection (1) above is, in relation to a highway, the appropriate highway authority and, in relation to other public works, the person managing those works.
Physical factors caused by an aircraft arriving at or departing from an aerodrome shall be treated as caused by the use of the aerodrome whether or not the aircraft is within the boundaries of the aerodrome; but, save as aforesaid, the source of the physical factors must be situated on or in the public works the use of which is alleged to be their cause.
Compensation shall not be payable under this Part of this Act in respect of the physical factors caused by the use of any public works other than a highway unless immunity from actions for nuisance in respect of that use is conferred (whether expressly or by implication) by an enactment relating to those works or, in the case of an aerodrome and physical factors caused by aircraft, the aerodrome is one to which section 77(2) of the Civil Aviation Act 1982(immunity from actions for nuisance) for the time being applies.
Compensation shall not be payable under this Part of this Act in respect of physical factors caused by accidents involving vehicles on a highway or accidents involving aircraft.
Compensation shall not be payable under this Part of this Act on any claim unless the relevant date in relation to the claim falls on or after 17th October 1969.
Subject to section 9 below, “the relevant date” in this Part of this Act means—
in relation to a claim in respect of a highway, the date on which it was first open to public traffic;
in relation to a claim in respect of other public works, the date on which they were first used after completion.
An interest qualifies for compensation under this Part of this Act if it was acquired by the claimant before the relevant date in relation to the claim and the requirements of subsection (2) or, as the case may be, subsection (3) below are satisfied on the date on which notice of the claim for compensation in respect of that interest is served.
If and so far as the interest is in land which is a dwelling, the said requirements are—
that the interest is an owner’s interest; and
where the interest carries the right to occupy the land, that the land is occupied by the claimant in right of that interest as his residence.
If and so far as the interest is not in such land as aforesaid, the said requirements are—
that the interest is that of an owner-occupier; and
that the land is or forms part of either—
a hereditament the annual value of which does not exceed the prescribed amount; or
an agricultural unit.
In this section “owner’s interest” in relation to any land, means the legal fee simple therein or a tenancy thereof granted or extended for a term of years certain of which, on the date of service of the notice of claim in respect thereof, not less than three years remain unexpired.
In this section “owner-occupier”, in relation to land in a hereditament, means a person who occupies the whole or a substantial part of the land in right of an owner’s interest therein and, in relation to land in an agricultural unit, means a person who occupies the whole of that unit and is entitled, while so occupying it, to an owner’s interest in the whole or any part of that land.
In this section “the prescribed amount” means the amount for the time being prescribed for the purposes of section 149(3)(a) of the Town and Country Planning Act 1990(interests qualifying for protection under planning blight provisions) and “annual value” and “hereditament” have the meanings given in section 171 of that Act taking references to the date of service of a notice under section 150 of that Act as references to the date on which notice of the claim is served.
This section has effect subject to sections 10(4), 11 and 12 below.
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for subsection (4) there shall be substituted—
in subsection (6) for the references to sections 192(4)(a), 193 and 207 of the Town and Country Planning Act 1971 there shall be substituted respectively references to sections 181(4)(a), 182 and 196 of the Town and Country Planning (Scotland) Act 1972.
A claim under this Part of this Act shall be made by serving on the responsible authority a notice containing particulars of—
the land in respect of which the claim is made;
the claimant’s interest and the date on which, and the manner in which, it was acquired;
the claimant’s occupation of the land (except where the interest qualifies for compensation without occupation);
any other interests in the land so far as known to the claimant;
the public works to which the claim relates;
the amount of compensation claimed;
any land contiguous or adjacent to the land in respect of which the claim is made, being land to which the claimant was entitled in the same capacity (within the meaning of section 6 below) on the relevant date.
Subject to the provisions of this section and of sections 12 and 14 below, no claim shall be made before the expiration of twelve months from the relevant date; and the day next following the expiration of the said twelve months is in this Part of this Act referred to as “the first claim day”.
Subsection (2) above shall not preclude the making of a claim in respect of an interest in land before the first claim day if— but compensation shall not be payable before the first claim day on any claim made by virtue of this subsection.
the claimant has during the said twelve months made a contract for disposing of that interest or (in so far as the interest is in land which is not a dwelling) for the grant of a tenancy of that land; and
the claim is made before the interest is disposed of or the tenancy is granted;
Where notice of a claim has been served on a responsible authority, any person authorised by that authority may, on giving reasonable notice, enter the land to which the claim relates for the purpose of surveying it and ascertaining its value in connection with the claim; and any person who wilfully obstructs a person in the exercise of the powers conferred by this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
Where compensation is payable by a responsible authority on a claim there shall be payable by the authority, in addition to the compensation, any reasonable valuation or legal expenses incurred by the claimant for the purposes of the preparation and prosecution of the claim; but this subsection is without prejudice to the powers of the Upper Tribunal in respect of the costs of and incidental to proceedings in the Upper Tribunal by virtue of section 29 of the Tribunals, Courts and Enforcement Act 2007.
The compensations payable on any claim shall be assessed by reference to prices current on the first claim day.
In assessing depreciation due to the physical factors caused by the use of any public works, account shall be taken of the use of those works as it exists on the first claim day and of any intensification that may then be reasonably expected of the use of those works in the state in which they are on that date.
In assessing the extent of the depreciation there shall be taken into account the benefit of any relevant works— and it shall be assumed that any relevant works which could be or could have been carried out, or in respect of which a grant could be or could have been paid, under any of the provisions mentioned in paragraph (a) above have been carried out but, in a case where the authority having functions under that provision have a discretion whether or not to carry out the works or pay the grant, only if they have undertaken to do so. In paragraph (a) above “sound-proofing grants”, in relation to any buildings, means grants towards the cost of insulating those buildings or parts of those buildings against noise.
which have been carried out, or in respect of which a grant has been paid, under section 20 below, section 15 of the Airports Authority Act 1965 , section 29A of the Civil Aviation Act 1971, section 79 of the Civil Aviation Act 1982or any corresponding local enactment or under any provision of a scheme operated by a person managing an aerodrome which provides for the payment of sound-proofing grants in respect of buildings near the aerodrome;
which have been carried out under section 23 or 27 below;
The value of the interest in respect of which the claim is made shall be assessed—
subject to subsection (5) below, by reference to the nature of the interest and the condition of the land as it subsisted on the date of service of notice of the claim;
subject to section 5 below, in accordance with rules (2) to (4) of the rules set out in section 5 of the Land Compensation Act 1961;
if the interest is subject to a mortgage or to a contract of sale or to a contract made after the relevant date for the grant of a tenancy, as if it were not subject to the mortgage or contract.
In assessing the value of the interest in respect of which the claim is made there shall be left out of account any part of that value which is attributable to—
any building, or improvement or extension of a building, on the land if the building or, as the case may be, the building as improved or extended, was first occupied after the relevant date; and
any change in the use of the land made after that date.
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The following assumptions shall be made in assessing the value of the interest in respect of which the claim is made.
Subject to subsection (3) below, it shall be assumed that, in respect of the land in which the interest subsists (“the relevant land”) or any part of it, planning permission would be granted—
subject to the condition set out in Schedule 10 to the Town and Country Planning Act 1990, for any development of a class specified in paragraph 1 of Schedule 3 to that Act; and
for any development of a class specified in paragraph 2 of Schedule 3 to that Act.
Notwithstanding subsection (2) above—
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where an order has been made under section 102 of or paragraph 1 of Schedule 9 to the said Act of 1990, in respect of the relevant land or any part thereof, requiring the removal of any building or the discontinuance of any use, and compensation has become payable in respect of that order under section 115of that Act, it shall not by virtue of the said subsection (2) be assumed that planning permission would be granted, in respect of the relevant land or any part thereof, as the case may be, for the rebuilding of that building or the resumption of that use.
It shall be assumed that planning permission would not be granted in respect of the relevant land or any part thereof for any development other than such development as is mentioned in subsection (2) above; and, if planning permission has been granted in respect of the relevant land or any part thereof for such other development, it shall be assumed that the planning permission has not been granted in so far as it relates to development that has not been carried out.
In this section any expression which is also used in the said Act of 1990has the same meaning as in that Act and references to any provision of that Act include references to any corresponding provision previously in force.
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The compensation payable on a claim shall be reduced by an amount equal to any increase in the value of— which is attributable to the existence of or the use or prospective use of the public works to which the claim relates.
the claimant’s interest in the land in respect of which the claim is made; and
any interest in other land contiguous or adjacent to the land mentioned in paragraph (a) above to which the claimant was entitled in the same capacity on the relevant date,
Sections 4 and 5 above shall not apply to the assessment, for the purposes of subsection (1) above, of the value of the interest mentioned in paragraph (a) of that subsection.
Where, for the purpose of assessing compensation on a claim in respect of any interest in land, an increase in the value of an interest in other land has been taken into account under subsection (1) above, then, in connection with any subsequent acquisition to which this subsection applies, that increase shall not be left out of account by virtue of section 6A of the Land Compensation Act 1961 or taken into account by virtue of section 6B of that Act or any corresponding enactment, in so far as it was taken into account in connection with that claim.
Subsection (3) above applies to any subsequent acquisition, not being an acquisition of the land in respect of which the claim is made, where either— and in this subsection “the interest previously taken into account” means the interest the increased value of which was taken into account as mentioned in the said subsection (3).
the interest acquired by the subsequent acquisition is the same as the interest previously taken into account (whether the acquisition extends to the whole of the land in which that interest previously subsisted or only to part of that land); or
the person entitled to the interest acquired is, or directly or indirectly derives title to that interest from, the person who at the time of the claim mentioned in that subsection was entitled to the interest previously taken into account;
For the purposes of this section a person entitled to two interests in land shall be taken to be entitled to them in the same capacity if, but only if, he is entitled— and in this section references to a person deriving title from another person include references to any successor in title of that other person.
to both of them beneficially; or
to both of them as trustee of one particular trust; or
to both of them as personal representative of one particular person;
In subsection (3) above “corresponding enactment” has the same meaning as in section 8 of the said Act of 1961.
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Compensation shall not be payable on any claim unless the amount of the compensation exceeds £50.
Where a claim has been made in respect of depreciation of the value of an interest in land caused by the use of any public works and compensation has been paid or is payable on that claim, compensation shall not be payable on any subsequent claim in relation to the same works and the same land or any part thereof (whether in respect of the same or a different interest) except that, in the case of land which is a dwelling, this subsection shall not preclude the payment of compensation both on a claim in respect of the fee simple and on a claim in respect of a tenancy.
Where a person is entitled to compensation in respect of the acquisition of an interest in land by an authority possessing compulsory purchase powers, or would be so entitled if the acquisition were compulsory, and— then, whether or not any sum is paid or payable in respect of injurious affection of the land retained, compensation shall not be payable under this Part of this Act on any claim in relation to those works made after the date of service of the notice to treat (or, if the acquisition is by agreement, the date of the agreement) in respect of any interest in the land retained.
the land is acquired for the purposes of any public works; and
that person retains land which, in relation to the land acquired, constitutes other land or lands within the meaning of section 63 of the Lands Clauses Consolidation Act 1845 or section 7 of the Compulsory Purchase Act 1965 (compensation for acquisition to include compensation for injurious affection of other land retained).
Subsection (2) above applies whether the acquisition is before, on or after the date on which this Part of this Act comes into force (hereafter referred to as “the commencement date”) and, where it is on or after that date, the public works for the purposes of which the land is acquired shall be taken to be those specified in the relevant particulars registered under subsection (4) below.
Where on or after the commencement date an authority possessing compulsory purchase powers acquires land for the purposes of any public works and the person from whom the land is acquired retains land which, in relation to the land acquired, constitutes other land or lands within the meaning of the sections mentioned in subsection (2) above, the authority shall deposit particulars of the land retained and the nature and extent of those works with the council of the district or London borough or Welsh county or county borough in which the land retained is situated;. . .
In a case in which compensation for injurious affection fell or falls to be assessed otherwise than in accordance with section 44 below, subsection (2) above shall not preclude the payment of compensation under this Part of this Act in respect of depreciation by public works so far as situated elsewhere than on the land acquired.
Any particulars deposited pursuant to subsection (4) above shall be a local land charge and for the purpose of the Local Land Charges Act 1975 the council with whom any such particulars are deposited shall be treated as the originating authority as respects the charge thereby constituted.
Where after a claim has been made in respect of any interest in land the whole or part of the land in which that interest subsists is compulsorily acquired, then, if— the compensation in respect of the acquisition shall be reduced by an amount equal to the compensation paid or payable on the claim or, if the acquisition extends only to part of the land, to so much of the last-mentioned compensation as is attributable to that part.
the value of that land has been diminished by the public works to which the claim relates; but
the compensation in respect of the compulsory acquisition falls to be assessed without regard to the diminution,
Without prejudice to the foregoing provisions of this section, compensation shall not be payable in respect of the same depreciation both under this Part of this Act and under any other enactment.
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in subsection (1) for the words " fee simple " there shall be substituted the words " ownership of the dominium utile ";
in subsection (2)(b) for the reference to the sections there mentioned there shall be substituted a reference to section 61 of the Lands Clauses Consolidation (Scotland) Act 1845;
in subsection (4) for the words from "the authority shall deposit" to the end there shall be substituted the words " the authority shall cause particulars of the land retained and the nature and extent of those works to be recorded in the Register of Sasines and shall send a copy of those particulars to the local planning authority ".
This section has effect where, whether before, on or after the commencement date—
the carriageway of a highway has been altered after the highway has been open to public traffic;
any public works other than a highway have been reconstructed, extended or otherwise altered after they have been first used; or
there has been a change of use in respect of any public works other than a highway or aerodrome.
If and so far as a claim in respect of the highway or other public works relates to depreciation that would not have been caused but for the alterations or change of use, this Part of this Act shall, subject to subsection (3) below, have effect in relation to the claim as if the relevant date (instead of being the date specified in section 1(9) above) were— as the case may be.
the date on which the highway was first open to public traffic after completion of the alterations to the carriageway;
the date on which the other public works were first used after completion of the alterations; or
the date of the change of use,
Subsection (2) above shall not by virtue of any alterations to an aerodrome apply to a claim in respect of physical factors caused by aircraft unless the alterations are runway or apron alterations.
Where a claim relates to such depreciation as is mentioned in subsection (2) above the notice of claim shall specify, in addition to the matters mentioned in section 3 above, the alterations or change of use alleged to give rise to the depreciation; and if and so far as the claim relates to such depreciation—
section 6 above shall have effect as if the increase in value to be taken into account were any increase that would not have been caused but for the alterations or change of use in question;
subsection (1) of section 8 above shall not preclude the payment of compensation unless the previous claim was in respect of depreciation that would not have been caused but for the same alterations or change of use, and subsection (2) of that section shall not preclude the payment of compensation unless the works for which the land was acquired were works resulting from the alterations, or works used for the purpose, to which the claim relates.
For the purposes of this section the carriageway of a highway is altered if, and only if— and the reference in subsection (2) above to depreciation that would not have been caused but for alterations to the carriageway of a highway is a reference to such depreciation by physical factors which are caused by the use of, and the source of which is situated on, the length of carriageway which has been altered as mentioned in paragraph (a) above or, as the case may be, the additional carriageway and the corresponding length of the existing one mentioned in paragraph (b) above.
the location, width or level of the carriageway is altered (otherwise than by re-surfacing); or
an additional carriageway is provided for the highway beside, above or below an existing one;
In this section “runway or apron alterations” means—
the construction of a new runway, the major re-alignment of an existing runway or the extension or strengthening of an existing runway; or
a substantial addition to, or alteration of, a taxiway or apron, being an addition or alteration whose purpose or main purpose is the provision of facilities for a greater number of aircraft.
For the avoidance of doubt it is hereby declared that references in this section to a change of use do not include references to the intensification of an existing use.
Where an interest is subject to a mortgage—
a claim may be made by any mortgagee of the interest as if he were the person entitled to that interest but without prejudice to the making of a claim by that person;
no compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage);
any compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee and shall in either case be applied by him as if it were proceeds of sale.
Where the interest is subject to a trust of land the compensation shall be dealt with as if it were proceeds of sale arising under the trust.
Where the interest is settled land for the purposes of the Settled Land Act 1925 the compensation shall be treated as capital money arising under that Act.
Where an interest in land is vested in trustees (other than a sole tenant for life within the meaning of the Settled Land Act 1925) and a person beneficially entitled (whether directly or derivatively) under the trusts is entitled or permitted by reason of his interest to occupy the land, section 2 above shall have effect as if occupation by that person were occupation by the trustees in right of the interest vested in them.
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in subsection (1) for the references to a mortgage and a mortgagee there shall be substituted respectively references to a heritable security and a heritable creditor;
for subsections (2) and (3) there shall be substituted the following subsection—;
in subsection (4) the words " (other than a sole tenant for life within the meaning of the Settled Land Act 1925) " shall be omitted.
So much of section 2(1) above as requires an interest qualifying for compensation under this Part of this Act to have been acquired by the claimant before the relevant date shall not apply to any interest acquired by him by inheritance from a person who acquired that interest, or a greater interest out of which it is derived, before the relevant date.
For the purposes of this section an interest is acquired by a person by inheritance if it devolves on him by virtue only of testamentary dispositions taking effect on, or the law of intestate succession or the right of survivorship between joint tenants as applied to, the death of another person or the successive deaths or two or more other persons.
For the purposes of subsection (2) above a person who acquires an interest by appropriation of it in or towards satisfaction of any legacy, share in residue or other share in the estate of a deceased person shall be treated as a person on whom the interest devolves by direct bequest.
Where an interest is settled land for the purposes of the Settled Land Act 1925 and on the death of a tenant for life within the meaning of that Act a person becomes entitled to the interest in accordance with the settlement, or by any appropriation by the personal representatives in respect of the settled land, subsection (2) above shall apply as if the interest had belonged to the tenant for life absolutely and the trusts of the settlement taking effect after his death had been trusts of his will.
Subsection (4) above shall apply, with any necessary modifications, where a person becomes entitled to an interest on the termination of a settlement as it would apply if he had become entitled in accordance with the terms of the settlement.
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in subsection (2), for the words from " testamentary " to " tenants " there shall be substituted the words—;
in subsection (3), for the words " by appropriation of it in or towards " there shall be substituted the words " in satisfaction or in partial ";
subsections (4) and (5) shall be omitted.
This section has effect where a person is entitled under Part I of the Leasehold Reform Act 1967 to acquire the freehold or an extended lease of a house by virtue of any tenancy (“the qualifying tenancy”) and—
has on or before the relevant date given notice under that Act to the landlord of his desire to have the freehold or an extended lease; and
has not acquired the freehold or an extended lease before that date.
The qualifying tenancy shall be treated as an owner’s interest as defined in section 2(4) above whether or not the unexpired term on the date of service of the notice of claim is of the length there specified.
If no claim is made in respect of the qualifying tenancy before the claimant has ceased to be entitled to it by reason of his acquisition of the freehold or an extended lease he may make a claim in respect of the qualifying tenancy as if he were still entitled to it.
No claim shall be made by virtue of subsection (3) above after the claimant has ceased to be entitled to the freehold or extended lease but such a claim may be made before the first claim day if it is made before the claimant has disposed of the freehold or extended lease and after he has made a contract for disposing of it.
Compensation shall not be payable before the first claim day on any claim made by virtue of subsection (4) above.
Any notice of a claim made by virtue of this section shall contain, in addition to the matters mentioned in section 3 above, a statement that it is made in respect of a qualifying tenancy as defined in this section and, if made by virtue of subsection (3) or (4) above, sufficient particulars to show that it falls within that subsection.
In relation to a claim made by virtue of subsection (3) above section 4(4)(a) above shall have effect as if the reference to the date of service of notice of the claim were a reference to the relevant date.
Any compensation payable under this Part of this Act in respect of land which is ecclesiastical property shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated and (in either case) shall be applied for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising, or disposing of the proceeds of, such a sale.
in the case of land which is not diocesan glebe land, to the Church Commissioners; and
in the case of diocesan glebe land, to the Diocesan Board of Finance in which the land is vested,
In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a 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; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976.
A tenancy to which subsection (2) or (3) below applies (“a qualifying tenancy”) shall be treated as an owner’s interest as defined in section 2(4) above whether or not the unexpired term on the date of service of the notice of claim is of the length there specified.
This subsection applies to a tenancy if the tenant, on the relevant date—
is in respect of the tenancy a qualifying tenant for the purposes of Chapter I of Part I of the 1993 Act (collective enfranchisement); and
by virtue of the tenancy, either—
is a participating tenant in relation to a claim to exercise the right to collective enfranchisement under that Chapter; or
is one of the participating tenants on whose behalf the acquisition by the nominee purchaser has been made in pursuance of such a claim.
This subsection applies to a tenancy if the tenant, on the relevant date and in respect of the tenancy, is a qualifying tenant for the purposes of Chapter II of Part I of the 1993 Act (individual right to acquire new lease) who—
has on or before that date given notice under section 42 of that Act (notice by qualifying tenant of claim to exercise right); and
has not acquired a new lease before that date.
If no claim is made in respect of a qualifying tenancy before the claimant has ceased to be entitled to it in consequence of a lease being granted to him by the nominee purchaser or, as the case may be, under Chapter II of Part I of the 1993 Act, the claimant may make a claim in respect of the qualifying tenancy as if he were still entitled to it.
No claim shall be made by virtue of subsection (4) above after the claimant has ceased to be entitled to the lease referred to in that subsection, but such a claim may be made before the first claim day if it is made before the claimant has disposed of that lease and after he has made a contract for disposing of it.
Compensation shall not be payable before the first claim day on any claim made by virtue of subsection (5) above.
Any notice of a claim made by virtue of this section shall contain, in addition to the matters mentioned in section 3 above, a statement that it is made in respect of a qualifying tenancy as defined in this section and, if made by virtue of subsection (4) or (5) above, sufficient particulars to show that it falls within that subsection.
In relation to a claim made by virtue of subsection (4) above, section 4(4)(a) above shall have effect as if the reference to the date of service of notice of the claim were a reference to the relevant date.
In this section—
“the 1993 Act” means the Leasehold Reform, Housing and Urban Development Act 1993; and
“participating tenant”, “nominee purchaser” and “the acquisition by the nominee purchaser” shall be construed in accordance with sections 14, 15 and 38(2) of that Act respectively.
Where the whole of the claim period for a claim has expired before the commencement date, or less than two years of that period remains unexpired on that date, that period shall be treated as continuing until the end of two years from the commencement date.
Where on or after 17th October 1972 and before the commencement date a person— this Part of this Act shall have effect in relation to any claim made before the end of one year from the commencement date (being a claim in relation to which the relevant date falls before the disposal or the grant of the tenancy) as if that person were still entitled to the interest disposed of or the interest to which he was entitled prior to the grant of the tenancy.
has disposed of an interest in land which would have qualified for compensation under this Part of this Act if it had then been in force and a notice of claim had been served in respect of the interest immediately before the disposal; or
being entitled to such an interest as is mentioned in paragraph (a) above in land which is not a dwelling, has granted a tenancy thereof so that the interest remaining to him is not such an interest as aforesaid,
Any notice of a claim made by virtue of subsection (2) above shall specify, in addition to the matters mentioned in section 3 above, the date on which the interest was disposed of or, as the case may be, the date on which the tenancy was granted.
A claim may be made by virtue of subsection (2) above notwithstanding that the claim period has not begun but compensation shall not be payable on the claim before the beginning of that period.
In relation to a claim made by virtue of subsection (2) above section 4(4)(a) above shall have effect as if the reference to the date of service of notice of the claim were a reference to the date immediately preceding that on which the claimant disposed of the interest or granted the tenancy.
The responsible authority in relation to a highway or other public works shall keep a record and, on demand, furnish a statement in writing of—
the date on which the highway was first open to public traffic, or was first open to public traffic after completion of any particular alterations to the carriageway of the highway;
the date on which the public works were first used after completion, or were first used after completion of any particular alterations to those works;
in the case of public works other than a highway or aerodrome, the date on which there was a change of use in respect of the public works.
A certificate by the Secretary of State stating that runway or apron alterations have or have not been carried out at an aerodrome and the date on which an aerodrome at which any such alterations have been carried out was first used after completion of the alterations shall be conclusive evidence of the facts stated.
In this section references to alterations to the carriageway of a highway, to runway or apron alterations and to a change of use shall be construed in the same way as in section 9 above; and subsection (1) above shall not apply unless the date in question falls on or after the commencement date.
Any question of disputed compensation under this Part of this Act shall be referred to and determined by the Upper Tribunal
No such question arising out of a claim made before the first claim day shall be referred to The Tribunal before that day.
Where, in resisting a claim under this Part of this Act, a responsible authority contend that no enactment relating to the works in question confers immunity from actions for nuisance in respect of the use to which the claim relates, then if— no enactment relating to those works, being an enactment in force when the contention was made, shall afford a defence to that action in so far as it relates to those matters.
compensation is not paid on the claim; and
an action for nuisance in respect of the matters which were the subject of the claim is subsequently brought by the claimant against the authority,
Compensation under this Part of this Act shall carry interest, at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961, from— until payment.
the date of service of the notice of claim; or
if that date is before the first claim day, from the first claim day,
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In this Part of this Act—
" the appropriate highway authority " means—
“disabled person” means a person who is substantially and permanently handicapped by illness, injury or congenital infirmity, ... ;
a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or
except where paragraph (b) below applies, the highway authority who constructed the highway to which the claim relates or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of the Local Government Act 1985or the Local Government (Wales) Act 1994;
“improvement” includes alteration and enlargement; and
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“commencement date” means the date on which this Part of this Act comes into force;
“the first claim day” has the meaning given in section 3(2) above;
“public works” and “responsible authority” have the meaning given in section 1 above;
the Welsh Ministers, in relation to Wales;
“highway” includes part of a highway and,. . . , means a highway or part of a highway maintainable at the public expense as defined in section 329(1) of the Highways Act 1980
" highway authority ", in relation to Scotland, has the meaning assigned to it in the said Act of 1970 ;
For the purposes of sections 2(1), 11(1) and 14(2) above an interest acquired or disposed of, or a tenancy granted, pursuant to a contract shall be treated as acquired, disposed of or granted when the contract was made.
In the application of this Part of this Act to a highway which has not always since 17th October 1969 been a highway maintainable at the public expense as defined above— and no claim shall be made if the relevant date falls at a time when the highway was not so maintainable and the highway does not become so maintainable within three years of that date. . .
references to its being open to public traffic shall be construed as references to its being so open whether or not as a highway so maintainable;
for references to the highway authority who constructed it there shall be substituted references to the highway authority for the highway;
For the purposes of the Limitation Act 1939, a person’s right of action to recover compensation under this Part of this Act shall be deemed to have accrued on the first claim day.
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for the words from " highway which" to " defined above " and " highway so maintainable " there shall be substituted respectively the words " road which has not always since 17th October 1969 been a highway " and " highway ";
for the words " the highway was not so maintainable and the highway does not become so maintainable " there shall be substituted the words " the road was not a highway and the road does not become a highway ";
for the words " it becomes so maintainable " there shall be substituted the words " it becomes a highway ".
The Secretary of State may make regulations imposing a duty or conferring a power on responsible authorities to insulate buildings against noise caused or expected to be caused by the construction or use of public works or to make grants in respect of the cost of such insulation.
Regulations under this section may—
make provision as to the level of noise giving rise to a duty or power under the regulations and the area in which a building must be situated if a duty or power is to arise in respect of it;
specify the classes of public works and of buildings in respect of which a duty or power is to arise, and the classes of persons entitled to make claims, under the regulations;
specify the nature and extent of the work which is to be undertaken under the regulations and the expenditure in respect of which and the rate at which grants are to be made under the regulations;
make the carrying out of work or the making of grants under the regulations dependent upon compliance with conditions;
make provision as to the funds out of which expenses incurred by responsible authorities under the regulations are to be defrayed;
make provision for the settlement of disputes arising under the regulations.
Without prejudice to the generality of paragraph (a) of subsection (2) above, regulations made by virtue of that paragraph may provide for the relevant level of noise or the relevant area in a particular case to be determined by reference to a document published by or on behalf of the Secretary of State or by any other authority or body or in such other manner as may be provided in the regulations.
If regulations under this section impose a duty or confer a power to carry out, or make a grant in respect of the cost of, work in respect of a building which is subject to a tenancy on a claim in that behalf made by the landlord or the tenant, provision may also be made by the regulations for enabling the work to be carried out notwithstanding the withholding of consent by the other party to the tenancy.
Regulations under this section may authorise or require local authorities to act as agents for responsible authorities in dealing with claims and in discharging or exercising the duties or powers of responsible authorities under the regulations, and may provide for the making by responsible authorities of payments to local authorities in respect of anything done by them as such agents.
Regulations under this section may authorise the council of a London borough to contribute towards expenses incurred under the regulations by a responsible authority in respect of the insulation of buildings against noise caused or expected to be caused by the use of any highway in that borough in relation to which an order has been made under section 6 of the Road Traffic Regulation Act 1967 or section 6 of the Road Traffic Regulation Act 1984 (traffic regulation orders in Greater London).
Regulations under this section may contain such supplementary provisions as appear to the Secretary of State to be necessary or expedient and may make different provision with respect to different areas or different circumstances.
The power to make regulations under this section shall be exercisable by statutory instrument.
A draft of any regulations under this section shall be laid before Parliament and the first regulations shall not be made unless the draft has been approved by a resolution of each House of Parliament.
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In this section “public works” and “responsible authority” have the same meaning as in section 1 above except that “public works” does not include an aerodrome and except that “responsible authority”, in relation to a highway, includes any authority having power to make an order in respect of that highway under section 1 or 6 of the Road Traffic Regulation Act 1984(traffic regulation orders).
The Secretary of State may make regulations empowering responsible authorities to make a payment, not exceeding an amount specified in the regulations, in respect of any dwelling which—
is not a building;
is occupied by a person as his only or main residence; and
is affected or likely to be affected by noise caused by the construction or use of public works.
Regulations under this section may—
make provision as to the level of noise giving rise to a power under the regulations and the area in which a dwelling must be situated if a power is to arise in respect of it;
specify the classes of public works and of dwellings in respect of which a power is to arise, and the classes of persons entitled to make claims, under the regulations; and
make provision as to the funds out of which expenses incurred by responsible authorities under the regulations are to be defrayed.
The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsections (3), (7) and (12) of section 20 above apply for the purposes of this section as they apply for the purposes of that.
Subject to subsection (3) below, a highway authority may acquire land compulsorily or by agreement for the purpose of mitigating any adverse effect which the existence or use of a highway constructed or improved by them, or proposed to be constructed or improved by them, has or will have on the surroundings of the highway.
Subject to subsection (3) below, a highway authority may acquire by agreement— if the interest of the vendor is one which falls within section 192(3) to (5) of the Town and Country Planning Act 1971 (interests qualifying for protection under blight provisions) taking references to the date of service of a notice under section 193 of that Act as references to the date on which the purchase agreement is made.
land the enjoyment of which is seriously affected by the carrying out of works by the authority for the construction or improvement of a highway;
land the enjoyment of which is seriously affected by the use of a highway which the authority have constructed or improved,
The powers conferred by subsection (2)(b) above shall not be exercisable unless the date on which the highway or, as the case may be, the improved highway is first open to public traffic falls on or after 17th October 1971 and the powers conferred by subsections (1) and (2)(a) above shall not be exercisable unless that date falls on or after 17th October 1972 ; and—
if that date falls not later than one year after the passing of this Act—
the powers conferred by subsection (1) above to acquire land compulsorily and the powers conferred by subsection (2)(a) above shall not be exercisable unless the acquisition is begun before the end of one year after the passing of this Act;
the powers conferred by subsection (1) above to acquire land by agreement and the powers conferred by subsection (2)(b) above shall not be exercisable unless the acquisition is begun before the end of one year after the passing of this Act or one year after that date, whichever ends later ;
if that date falls more than one year after the passing of this Act—
the powers mentioned in paragraph (a)(i) above shall not be exercisable unless the acquisition is begun before that date ;
the powers mentioned in paragraph (a)(ii) above shall not be exercisable unless the acquisition is begun before the end of one year after that date.
Where under the powers of this section a highway authority have acquired, or propose to acquire, land forming part of a common, open space or fuel or field garden allotment and other land is required for the purpose of being given in exchange for the first-mentioned land, the authority may acquire that other land compulsorily or by agreement.
A power to acquire land compulsorily conferred by this section on a local highway authority shall be exercisable in any particular case on their being authorised by the Secretary of State to exercise it; and the Acquisition of Land (Authorisation Procedure) Act 1946 shall have effect—
in relation to the compulsory acquisition of land under this section by a local highway authority, as if this section had been in force immediately before the commencement of that Act;
in relation to the compulsory acquisition of land under this section by the Secretary of State, as if this section had been in force immediately before the commencement of that Act and as if this section were included among the enactments specified in section 1(1)(b) of that Act.
For the purposes of subsection (3) above the acquisition of any land is begun— and where the compulsory acquisition of any land under subsection (1) is begun within the time limited by subsection (3) above but is not proceeded with, any subsequent compulsory acquisition of that land under subsection (1) above shall be treated for the purposes of this section as begun within that time.
if it is compulsory, on the date on which the notice required by paragraph 3(1)(a) of Schedule 1 to the said Act of 1946 is first published;
if it is by agreement, on the date on which the agreement is made;
For the purpose of assessing the compensation payable on the compulsory acquisition of land under this section— and in section 222(11) of that Act (application of Compulsory Purchase Act 1965 to acquisition of land by agreement under Part X of the said Act of 1959) the reference to the said Part X shall include a reference to this section.
the land shall be treated as if it were being acquired for the construction of the highway or, as the case may be, the improvement in question ;
section 222(6) of the Highways Act 1959 (matters to be taken into account by Lands Tribunal) shall, so far as applicable, apply as it does in relation to compulsory acquisition under the provisions there mentioned;
Section 214(5) and (6) of the said Act of 1959 (acquisition of land for preserving view from or other amenities of a highway) shall cease to have effect; and in section 10(1) of that Act (delegation of functions relating to trunk roads) for the words " under subsection (5) or subsection (6) of section two hundred and fourteen of this Act or under section two hundred and fifteen thereof" there shall be substituted the words " under section 215 of this Act or under section 22 of the Land Compensation Act 1973 ".
References in the Highways Act 1971 to highway land acquisition powers shall include references to the powers exercisable under this section.
In this section references to the construction or improvement of a highway include references to the construction or improvement of a highway by virtue of an order under section 9 or 13 of the Highways Act 1959 or section 1 of the Highways Act 1971.
In the application of this section to Scotland—
for the references to sections 192(3) to (5) and 193 of the Town and Country Planning Act 1971 there shall be substituted respectively references to sections 181(3) to (5) and 182 of the Town and Country Planning (Scotland) Act 1972;
in subsection (4) for the words " open space or fuel or field garden allotment" there shall be substituted the words " or open space ";
for references to the Acquisition of Land (Authorisation Procedure) Act 1946 there shall be substituted references to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ;
for the reference to section 222(6) of the Highways Act 1959 there shall be substituted a reference to section 35(3) of the Roads (Scotland) Act 1970;
for subsection (8) there shall be substituted—;
in subsection (10) for the words from " 9 " to the end there shall be substituted " 3 or 14 of the Special Roads Act 1949 or section 15 of the Roads (Scotland) Act 1970 ".
A highway authority may carry out— works for mitigating any adverse effect which the construction, improvement, existence or use of a highway has or will have on the surroundings of the highway.
on land acquired by them under section 22 above ;
on any other land belonging to them;
an any highway for which they are the highway authority;
on any highway which they have been authorised to improve or construct by virtue of an order under section 9 or 13 of the Highways Act 1959, section 1 of the Highways Act 1971, section 3 or 14 of the Special Roads Act 1949 or section 15 of the Roads (Scotland) Act 1970,
Without prejudice to the generality of subsection (1) above, the works that may be carried out under that subsection include the planting of trees, shrubs or plants of any other description and the laying out of any area as grassland.
A. highway authority may develop or redevelop any land acquired, by them under section 22 above, or any other land belonging to them, for the purpose of improving the surroundings of a highway in any manner which they think desirable by reason of its construction, improvement, existence or use.
For the purpose of mitigating any adverse effect which the construction, improvement, existence or use of a highway has or will have on the surroundings of the highway, the highway authority may enter into an agreement with any person interested in land adjoining or in the vicinity of the highway for restricting or regulating the use of the land either permanently or during such period as may be specified in the agreement; and any such agreement may, in particular, make provision for the planting and maintenance of trees, shrubs or plants of any other description on the land and for restricting the lopping or removal of trees, shrubs or other plants on the land.
An agreement under this section may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the highway authority to be necessary or expedient for the purposes of the agreement.
Subject to subsection (4) below, the provisions of any agreement made trader this section with any person interested in land shall be binding on persons deriving title from that person in respect of the land.
No provision shall be enforceable by virtue of subsection (3) above against a purchaser for money or money's worth of a legal estate in the land unless before completion of the purchase the agreement has been registered in the register of local land charges by the proper officer of the council of the district or London borough in which the land is situated in such manner as may be prescribed by rules made for the purposes of this subsection under section 19 of the Land Charges Act 1925 ; and in this subsection " purchaser " and " purchase " have the same meaning as in that Act.
This section is without prejudice to section 52 of the Town and Country Planning Act 1971 (agreements regulating development or use of land).
In the application of this section to Scotland—
for subsection (4) there shall be substituted—;
for the reference to section 52 of the said Act of 1971 there shall be substituted a reference to section 50 of the Town and Country Planning (Scotland) Act 1972.
The purposes for which advances may be made by the Secretary of State under section 235(1) of the Highways Act 1959 or section 8 of the Development and Road Improvement Funds Act 1909 shall include the exercise by a highway authority of any powers conferred by sections 22 to 24 above.
Subject to the provisions of this section, a responsible authority may acquire land by agreement for the purpose of mitigating any adverse effect which the existence or use of any public works has or will have on the surroundings of the works.
Subject to the provisions of this section, a responsible authority may acquire by agreement— if the interest of the vendor is a qualifying interest.
land the enjoyment of which is seriously affected by the carrying out of works by the authority for the construction or alteration of any public works;
land the enjoyment of which is seriously affected by the use of any public works,
The powers conferred by subsection (2)(b) above shall not be exercisable unless the date on which the public works or, as the case may be, the altered public works, are first used falls on or after 17th October 1971 and the powers conferred by subsections (1) and (2)(a) above shall not be exercisable unless that date falls on or after 17th October 1972; and—
if that date falls not later than one year after the passing of this Act—
the powers conferred by subsections (1) and (2)(b) above shall not be exercisable unless the acquisition is begun before the end of one year after the passing of this Act or one year after that date, whichever ends later;
the powers conferred by subsection (2)(a) above shall not be exercisable unless the acquisition is begun before the end of one year after the passing of this Act;
if that date falls more than one year after the passing of this Act—
the powers mentioned in paragraph (a)(i) above shall not be exercisable unless the acquisition is begun before the end of one year after that date;
the powers mentioned in paragraph (a)(ii) above shall not be exercisable unless the acquisition is begun before that date.
Where the responsible authority— they may, subject to the provisions of this section, acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the public works if the interest of the vendor is a qualifying interest.
propose to carry out works on blighted land for the construction or alteration of any public works, and
are, in relation to the land, the appropriate authority,
For the purposes of subsection (3) above the acquisition of any land shall be treated as begun when the agreement for its acquisition is made.
In this section—
“qualifying interest” has the meaning given in section 149(2) of the Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made, and
“appropriate authority” and “blighted land” have the meanings given respectively in sections 169(1) and 149(1) of that Act.
This section applies only where the responsible authority have statutory powers to acquire land (whether compulsorily or by agreement) for the purposes of their functions but would not, apart from this section, have power to acquire land as mentioned in subsections (1) (2) and (2A) above.
In this section “public works” and “responsible authority” have the same meaning as in section 1 above except that “public works” does not include a highway or any works forming part of a statutory undertaking as defined in section 336(1) of the Town and Country Planning Act 1990.
A responsible authority may carry out— works for mitigating any adverse effect which the construction, alteration, existence or use of any public works has or will have on the surroundings of the works.
if they have power to acquire land under section 26 above, on any land acquired by them under that section;
on any other land belonging to them,
Without prejudice to the generality of subsection (1) above, the works that may be carried out under that subsection include the planting of trees, shrubs or plants of any other description and the laying out of any area as grassland.
A responsible authority may—
develop or redevelop any land acquired by them under section 26 above, or any other land belonging to them, for the purpose of improving the surroundings of public works in any manner which they think desirable by reason of the construction, alteration, existence or use of the works;
dispose of any land acquired by them under section 26 above.
This section applies only where the responsible authority are a body incorporated by or under any enactment and has effect only for extending the corporate powers of any such authority.
In this section “public works” and “responsible authority” have the same meaning as in section 1 above except that “public works” does not include a highway
This section has effect where works are carried out— and the carrying out of those works affects the enjoyment of a dwelling adjacent to the site on which they are being carried out to such an extent that continued occupation of the dwelling is not reasonably practicable.
by a highway authority for the construction or improvement of a highway; or
by a responsible authority for the construction or alteration of any public works other than a highway,
Subject to subsection (3) below, the highway authority or responsible authority, as the case may be, may pay any reasonable expenses incurred by the occupier of the dwelling in providing suitable alternative residential accommodation for himself and members of his household for the whole or any part of the period during which the works are being carried out.
No payment shall be made to any person under this section in respect of any expenses except in pursuance of an agreement made between that person and the authority concerned before the expenses are incurred; and no payment shall be so made except in respect of the amount by which the expenses exceed those which that person would have incurred if the dwelling had continued to be occupied.
In this section “public works” and “responsible authority” have the same meaning as in section 1 above.
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the compulsory acquisition of an interest in the dwelling;
the making of a housing order in respect of the dwelling;
he shall, subject to the provisions of this section and sections 32 and 32A below, be entitled to receive a payment (hereafter referred to as a “home loss payment”) from
where paragraph (a) above applies, the acquiring authority;
where paragraph (b) above applies, the authority who made the housing order;
where paragraph (c) above applies, the authority carrying out the improvement or redevelopment; ...
where paragraph (d) above applies, the housing association carrying out the improvement or redevelopment and
the carrying out of any improvement to a house or building on the land or of re-development on the land by a housing association which has previously acquired the land and at the date of the displacement is either a private registered provider of social housing or a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act);
where paragraph (e) or (f) above applies, the landlord.
where the land has been previously acquired by an authority possessing compulsory purchase powers or appropriated by a local authority and is for the time being held by the authority for the purposes for which it was acquired or appropriated, the carrying out of any improvement to the dwelling or of redevelopment on the land,
A person shall not be entitled to a home loss payment unless the following conditions have been satisfied throughout the period of one year ending with the date of displacement— but, if those conditions are satisfied on the date of displacement, a payment (referred to in this section and sections 32 and 33 below as a “ discretionary payment ”) may be made to him of an amount not exceeding the amount to which he would have been entitled if he had satisfied those conditions throughout that period.
he has been in occupation of the dwelling, or a substantial part of it, as his only or main residence; and
he has been in such occupation by virtue of an interest or right to which this section applies,
For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of the compulsory acquisition of an interest therein if he gives up his occupation thereof before the date on which the acquiring authority were authorised to acquire that interest, but, subject to that, it shall not be necessary for the acquiring authority to have required him to give up his occupation of the dwelling.
This section applies to the following interests and rights—
any interest in the dwelling;
a right to occupy the dwelling—
as a statutory tenant within the meaning of theRent (Agriculture) Act 1976 or the Rent Act 1977, or
under a contract to which section 19 of the Rent Act 1977 (restricted contracts) applies or would apply if the contract or dwelling were not excluded by section 19(3) to (5) or 144 of that Act
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a right to occupy the dwelling under a contract of employment.
a right to occupy the dwelling under a licence where—
it is a right to occupy as a protected occupier within the meaning of the Rent (Agriculture) Act 1976,
Part IV of the Housing Act 1985 (secure tenancies) applies to the licence, ...
the licence is an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 , or
Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies) applies to the licence,
the licence is a secure contract, or
the licence is an introductory standard contract.
For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of the carrying out of any improvement to the dwelling unless he is permanently displaced from it in consequence of the carrying out of that improvement.
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For the purposes of this section a person must not be treated as displaced from a dwelling in consequence only of the compulsory acquisition of part of a garden or yard or of an outhouse or appurtenance belonging to or usually enjoyed with the building which is occupied or is intended to be occupied as the dwelling.
Where an authority possessing compulsory purchase powers acquire the interest of any person in a dwelling by agreement, then, in relation to any other person who is displaced from the dwelling in consequence of the acquisition, subsections (1) to (4) above shall have effect as if the acquisition were compulsory and the authority (if not authorised to acquire the interest compulsorily) had been so authorised on the date of the agreement.
In this section “ a housing order ” means—
a prohibition order under section 20 or 21 of the Housing Act 2004, or
a demolition order under section 265 of the Housing Act 1985.
an undertaking accepted under section 16(4) of the said Act of 1957, section 60(2) of the said Act of 1969 or section 15(4)(i) of the said Act of 1966 ;
Where an interest in a dwelling is vested in trustees (other than a sole tenant for life within the meaning of the Settled Land Act 1925) and a person beneficially entitled (whether directly or derivatively) under the trusts is entitled or permitted by reason of his interest to occupy the dwelling, he shall be treated for the purposes of this section as occupying it by virtue of an interest in the dwelling. . . .
This section applies if the date of displacement is on or after 17th October 1972.
In this section—
In the case of a person who on the date of displacement is occupying, or is treated for the purposes of section 29 above as occupying, the dwelling by virtue of an interest in it which is an owner’s interest, the amount of the home loss payment shall be 10 per cent. of the market value of his interest in the dwelling or, as the case may be, the interest in the dwelling vested in trustees, subject to a maximum of £15,000 and a minimum of £1,500.
where the date of displacement is before 1st April 1973, an amount equal to the rateable value of the dwelling multiplied by seven;
where the date of displacement is on or after 1st April 1973, an amount equal to the rateable value of the dwelling multiplied by three ;
In any other case, the amount of the home loss payment shall be £1,500.
For the purposes of this section and section 32 below the market value of an interest in a dwelling— and any dispute as to the amount referred to in paragraph (b) above shall be determined by the Upper Tribunal.
in a case where the interest is compulsorily acquired, is the amount assessed for the purposes of the acquisition as the value of the interest (and in a case where the compulsory purchase order authorising the acquisition directs 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), the market value is the value assessed in accordance with that section); and
in any other case, is the amount which, if the interest were being compulsorily acquired in pursuance of a notice to treat served on the date of displacement, would be assessed for the purposes of the acquisition as the value of the interest,
if neither paragraph (a) nor paragraph (b) of this subsection applies to the dwelling, its rateable value shall be determined by the valuation officer in accordance with the General Rate Acts 1967 and 1970.
In determining for the purposes of this section and section 32 below the market value of an interest in a dwelling, the dwelling shall be taken to include any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that dwelling.
The Secretary of State may from time to time by regulations prescribe a different maximum or minimum for the purposes of subsection (1) above and a different amount for the purposes of subsection (2) above.
The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “ owner’s interest ” means the interest of a person who is an owner as defined in section 7 of the Acquisition of Land Act 1981.
This section applies where, by reason of the entitlement of one spouse or civil partner (“A”) to occupy a dwelling by virtue of an interest or right to which section 29 above applies, the other spouse or civil partner (“B”) acquires home rights (within the meaning of Part IV of the Family Law Act 1996) .
So long as— B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 30 below).
those home rights continue,
B is in occupation of the dwelling and A is not, and
B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies,
References in this section to a dwelling include a reference to a substantial part of it.
Subject to subsection (2) below, the amount of a home loss payment in Scotland shall be an amount equal to the rateable value of the dwelling multiplied by six, subject to a maximum of £1,500 and a minimum of £150.
The Secretary of State may from time to time by order prescribe a different multiplier and a different maximum or minimum for the purposes of subsection (1) above; and the power to make orders under this subsection shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of this section the rateable value of a dwelling shall be determined as follows—
if the dwelling consists of lands and heritages for which a rateable value is shown in the valuation roll in force on the date of displacement, it shall be that rateable value;
if the dwelling forms part only of such lands and heritages or consists or forms part of more than one unit of such lands and heritages, an apportionment or aggregation of the rateable value or values so shown shall be made by the assessor and the rateable value of the dwelling shall be taken to be the amount certified by him as being the amount which, on such an apportionment or aggregation, is properly attributable to the dwelling;
if neither paragraph (a) nor paragraph (b) of this subsection applies to the dwelling, its rateable value shall be determined by the assessor in accordance with the Valuation Acts.
This section shall be construed as one with the Valuation and Rating (Scotland) Act 1956.
No home loss payment or discretionary payment shall be made except on a claim in writing made by the claimant giving such particulars as the authority responsible for making the payment may reasonably require for the purpose of determining whether the payment should be made and, if so, its amount.
Where a person is entitled to a home loss payment, the payment shall be made on or before the latest of the following dates—
the date of displacement;
the last day of the period of three months beginning with the making of the claim; and
where the amount of the payment is to be determined in accordance with section 30(1) above, the day on which the market value of the interest in question is agreed or finally determined.
Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period shall be treated for the purposes of that subsection as including any immediately preceding period throughout which— and references in this subsection and subsection (3A) below to a dwelling include a reference to a substantial part of it.
he has resided in the dwelling as his only or main residence but without satisfying those conditions, and
another person or other persons have satisfied those conditions,
Where the amount of the payment is to be determined in accordance with section 30(1) above—
the acquiring authority may at any time make a payment in advance; and
if, on the later of the dates referred to in subsection (2)(a) and (b) above, the market value of the interest in question has not been agreed or finally determined, the acquiring authority shall make a payment in advance (where they have not already done so).
Where a person (“the deceased”) entitled to a home loss payment dies without having claimed it, a claim to the payment may be made, by any person, not being a minor, who—
throughout a period of not less than one year ending with the date of displacement of the deceased, has resided in the dwelling, or a substantial part of it, as his only or main residence; and
is entitled to benefit by virtue of testamentary dispositions taking effect on, or the law of intestate succession or the right of survivorship between joint tenants as applied to, the death of the deceased.
The amount of the payment in advance shall be the lesser of—
the maximum amount for the purposes of section 30(1) above,
10 per cent. of the amount agreed to be the market value of the interest in question or, if there is no such agreement, 10 per cent. of the acquiring authority’s estimate of that amount.
Where the claimant has successively been in occupation of or resided in different dwellings in the same building, being dwellings consisting of a room or rooms not constructed or structurally adapted for use as a separate dwelling, section 29(2) above and subsections (3) to (4) above shall have effect as if those dwellings were the same dwelling.
Where the amount of a payment in advance differs from the amount of the home loss payment, the shortfall or excess shall be paid by or, as the case may be, repaid to the acquiring authority when the market value of the interest in question is agreed or finally determined.
Where there are two or more persons entitled to make a claim to a home loss payment in respect of the same dwelling (whether by virtue of joint occupation or of subsection (4) above) the payment to be made on each claim shall be equal to the whole amount of the home loss payment divided by the number of such persons.
Where an interest in a dwelling is acquired by agreement by an authority possessing compulsory purchase powers, the authority may, in connection with the acquisition, make to the person from whom the interest is acquired a payment corresponding to any home loss payment or discretionary paymentwhich they would be required or authorised to make to him if the acquisition were compulsory and the authority had been authorised to acquire that interest before he gave up occupation of the dwelling.
Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period (or that period as extended under subsection (3) above) shall be treated for the purposes of section 29(2) above as including any immediately preceding period, or successive periods, throughout which he satisfied the conditions mentioned in section 29(2) above in relation to another dwelling or, as the case may be, other dwellings (applying subsection (3) above to determine the length of any period or periods).
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for the word " minor " there shall be substituted the words " person under the age of eighteen ";
in paragraph (b)—
for the words from " testamentary" to " tenants " there shall be substituted the words " a testamentary disposition or any other deed with testamentary effect taking effect on, or the law of intestate succession " , and
at the end there shall be added the following words— " or a right to jus relicti, jus relictae or legitim out of the deceased's estate. ".
For the purposes of the Limitation Act 1939 a person’s right of action to recover a home loss payment shall be deemed to have accrued on the date of displacement.
Where a landlord obtains possession by agreement of a dwelling subject to a secure tenancy within the meaning of Part IV of the Housing Act 1985 and— the landlord may make to any person giving up possession or occupation a payment corresponding to any home loss payment or discretionary payment which they would be required or authorised to make to him if an order for possession had been made on either of those grounds.
notice of proceedings for possession of the dwelling has been served, or might have been served, specifying ground 10 or 10A in Part II of Schedule 2 to that Act, or
the landlord has applied, or could apply, to the Secretary of State or the Regulator of Social Housing . . . for approval for the purposes of ground 10A of a redevelopment scheme including the dwelling, or part of it,
Where a landlord obtains possession by agreement of a dwelling in Wales subject to a tenancy which is a secure contract and— the landlord may make to any person giving up possession or occupation a payment corresponding to any home loss payment or discretionary payment which they would be required or authorised to make to that person if an order for possession had been made on either of those grounds.
notice of proceedings for possession of the dwelling has been served, or might have been served, specifying ground A or ground B of the estate management grounds in Part 1 of Schedule 8 to the Renting Homes (Wales) Act 2016 (anaw 1), or
the landlord has applied, or could apply, to the Welsh Ministers for approval for the purposes of estate management ground B of a scheme for the disposal and redevelopment of an area of land consisting of or including the whole or part of the dwelling,
Sections 29 to 32A above shall, so far as applicable, have effect in relation to a person residing in a caravan on a caravan site who is displaced from that site as they have effect in relation to a person displaced from a dwelling on any land but shall so have effect subject to the following modifications.
No home loss payment or discretionary payment shall be made to any person by virtue of this section except where no suitable alternative site for stationing a caravan is available to him on reasonable terms.
Subsection (1) of section 29 above shall have effect as if for the words preceding paragraph (a) there were substituted the words “Where a person residing in a caravan on a caravan site is displaced from that site in consequence of” and subsection (2) of that section shall have effect as if for paragraphs (a) and (b) there were substituted—
Section 30 above shall have effect as if the references to a person occupying a dwelling by virtue of an interest in it and to his interest in the dwelling were to a person occupying a caravan site by virtue of an interest in it and to that interest.
paragraph (b) were omitted ; and
in paragraphs (a) and (c) for the word " dwelling " there were substituted the words " caravan site together with a caravan ".
Section 32 above shall have effect—
as if in subsections (3) and (3A) the references to a dwelling were to a caravan site;
as if in subsection (4) for the words “resided in the dwelling, or a substantial part of it” there were substituted the words “resided in a caravan on the caravan site”; and
as if for subsection (5) there were substituted—
Sections 29 to 32A above shall have effect as if in any provision not modified as aforesaid for any reference to a dwelling or land there were substituted a reference to a caravan site.
In this section “caravan site” means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed.
This section applies to a person if—
the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition),
a notice falling within subsection (4) has been served on the person in relation to the land,
at the relevant time the notice has effect or is operative, and
the person has failed to comply with any requirement of the notice.
This section also applies to a person if—
the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition),
a copy of an order falling within subsection (5) has been served on the person in relation to the land, and
the order has not been quashed on appeal.
No payment may be made under section 29 to a person to whom this section applies.
These are the notices—
a notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land);
a notice under section 11 of the Housing Act 2004 (improvement notice relating to category 1 hazard);
a notice under section 12 of that Act (improvement notice relating to category 2 hazard);
a notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 138 of the Historic Environment (Wales) Act 2023 (asc 3) (repairs notice prior to notice of compulsory acquisition of listed building).
These are the orders—
an order under section 20 of the Housing Act 2004 (prohibition order relating to category 1 hazard);
an order under section 21 of that Act (prohibition order relating to category 2 hazard);
an order under section 43 of that Act (emergency prohibition orders);
an order under section 265 of the Housing Act 1985 (demolition order relating to category 1 or 2 hazard).
For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs—
in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—
the compulsory purchase order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;
the compulsory purchase order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;
a decision is made under section 13BA(2)(a) of that Act (decision that conditions subject to which order was confirmed have been met);
a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met);
in the case of a compulsory acquisition which is to be authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made;
in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served;
in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed.
In subsection (6), references to a compulsory acquisition are to the compulsory acquisition in consequence of which the person is displaced.
The appropriate national authority may by regulations amend subsections (4) and (5).
In this section—
The power to make regulations under subsection (8) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of—
either House of Parliament, in the case of regulations made by the Secretary of State;
Senedd Cymru, in the case of regulations made by the Welsh Ministers.
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Where land constituting or included in an agricultural unit is land in respect of which the person in occupation of the unit has an owner's interest, then if— he shall, subject to the provisions of this section and section 36 below, be entitled to receive a payment (hereafter referred to as a " farm loss payment") from the acquiring authority.
in consequence of the compulsory acquisition of his interest in the whole of that land (" the land acquired ") he is displaced from the whole of that land ; and
not more than three years after the date of displacement he begins to farm another agricultural unit (" the new unit") elsewhere in Great Britain,
In subsection (1) above "owner's interest" means a freehold interest or a tenancy granted or extended for a term of years certain of which not less than three years remain unexpired on the date of displacement.
For the purposes of this section a person is displaced from land in consequence of the compulsory acquisition of his interest therein if, and only if, he gives up possession thereof— and references in this section and section 35 below to the date of displacement are references to the date on which the person concerned gives up possession as aforesaid.
on being required to do so by the acquiring authority;
on completion of the acquisition; or
where the acquiring authority permit him to remain in possession of the land under a tenancy or licence of a kind not making him a tenant as defined in the Agricultural Holdings Act 1948, on the expiration of that tenancy or licence ;
No farm loss payment shall be made to any person unless on the date on which he begins to farm the new unit he is in occupation of the whole of that unit in right of a freehold interest therein or a tenancy thereof, not having been entitled to any such interest or tenancy before the date on which the acquiring authority were authorised to acquire his interest in the land acquired.
No farm loss payment shall be made by virtue of the displacement of a person from any land if he is entitled to a payment under section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 in consequence of the acquisition of an interest in, or the taking of possession of, that land.
No farm loss payment shall be made to any person displaced from land in consequence of the compulsory acquisition of his interest therein if the acquisition of his interest in the whole or any part of that land is in pursuance of the service by him of a blight notice within the meaning of section 192 of the Town and Country Planning Act 1971 or a notice under section 11 of the New Towns Act 1965.
In the application of this section to Scotland—
for subsection (2) there shall be substituted—
in subsection (3)(c) for the words " Agricultural Holdings Act 1948 " there shall be substituted the words " Agricultural Holdings (Scotland) Act 1949 ";
in subsection (4) for the words " a freehold interest" there shall be substituted the words " an interest as owner thereof ";
in subsection (6) for the words " section 192 of the Town and Country Planning Act 1971" and " the New Towns Act 1965 " there shall be substituted respectively the words " section 181 of the Town and Country Planning (Scotland) Act 1972 " and " the New Towns (Scotland) Act 1968 ".
This section applies if the date of displacement is on or after 17th October 1972.
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Subject to the provisions of this section, the amount of any farm loss payment shall be equal to the average annual profit derived from the use for agricultural purposes of the agricultural land comprised in the land acquired; and that profit shall be computed by reference to the profits for the three years ending with the date of displacement or, if the person concerned has then been in occupation for a shorter period, that period.
Where accounts have been made up in respect of the profits of the person concerned for a period or consecutive periods of twelve months and that period or the last of them ends not more than one year before the date of displacement, subsection (1) above shall have effect as if the date on which that period or the last of those periods ends were the date of the displacement.
Where the date of displacement is determined in accordance with section 34(3)(c) above and the person concerned has on that date been in occupation for more than three years, he may elect that the average annual profit shall, instead of being computed by reference to the profits for the years mentioned in subsection (1) above, be computed by reference to the profits for—
any three consecutive periods of twelve months for which accounts in respect of his profits have been made up, being periods for which he has been in occupation and the last of which ends on or after the date of completion of the acquisition ; or
if there are no such periods as aforesaid, any three consecutive years for which he has been in occupation and the last of which ends on or after the date mentioned in paragraph (a) above.
In calculating the profits mentioned in subsection (1) above there shall be deducted a sum equal to the rent that might reasonably be expected to be payable in respect of the agricultural land comprised in the land acquired if it were let for agricultural purposes to a tenant responsible for rates, repairs and other outgoings; and that deduction shall be made whether or not the land is in fact let and, if it is, shall be made to the exclusion of any deduction for the rent actually payable.
In calculating the profits mentioned in subsection (1) above there shall be left out of account profits from any activity if a sum in respect of loss of profits from that activity would fall to be included in the compensation, so far as attributable to disturbance, for the acquisition of the interest in the land acquired.
Where the value of the agricultural land comprised in the land acquired exceeds the value of the agricultural land comprised in the new unit the amount of the farm loss payment shall be proportionately reduced.
For the purposes of subsection (6) above the value of any land shall be assessed—
on the basis of its value as land used solely for agriculture and as for a freehold interest therein (or, in Scotland, an interest as owner thereof) with vacant possession;
by reference to the condition of the land and its surroundings and to prices current—
in the case of the land comprised in the land acquired, on the date of displacement;
in the case of land comprised in the new unit, on the date on which the person concerned begins to farm the new unit;
in accordance with rules (2) to (4) of the rules set out in section 5 of the Land Compensation Act 1961 or section 12 of the Land Compensation (Scotland) Act 1963;
without regard to the principal dwelling, if any, comprised in the same agricultural unit as that land.
The amount of a farm loss payment shall not be greater than the amount, if any, by which—
that payment, calculated apart from this subsection, together with compensation for the acquisition of the interest in the land acquired assessed on the assumptions mentioned in section 5(2), (3) and (4) above (including any sum included as compensation for disturbance), exceeds
the compensation actually payable for the acquisition of that interest.
Any dispute as to the amount of a farm loss payment shall be referred to and determined by the Lands Tribunal or, in Scotland, the Lands Tribunal for Scotland.
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Subject to subsection (7) below, no farm loss payment shall be made except on a claim in that behalf made by the person entitled thereto before the expiration of the period of one year beginning with the date on which the requirement in section 34(1)(b) above is complied with, and any such claim shall be in writing and shall be accompanied or supplemented by such particulars as the acquiring authority may reasonably require to enable them to determine whether that person is entitled to a payment and, if so, its amount.
Where the agricultural unit containing the land acquired is occupied for the purposes of a partnership firm sections 34 and 35 above shall have effect in relation to the firm and not the partners individually (any interest of a partner in the land acquired being treated as an interest of the firm) except that the requirements in section 34 as to the new unit shall be treated as complied with in relation to the firm as soon as they are complied with by any one of the persons who were members of the firm.
Where a person dies before the expiration of the period for making a claim to a farm loss payment and would have been entitled to such a payment if he had made a claim within that period, a claim to that payment may be made, before the expiration of that period, by his personal representative.
Where an interest in land is acquired by agreement by an authority possessing compulsory purchase powers, the authority may, in connection with the acquisition, make to the person from whom the interest is acquired a payment corresponding to any farm loss payment which they would be required to make to him if the acquisition were compulsory and the authority (if not authorised to acquire the interest compulsorily) had been so authorised on the date of the agreement.
Where a farm loss payment is made to any person the authority making the payment shall also pay any reasonable valuation or legal expenses incurred by that person for the purposes of the preparation and prosecution of his claim to the payment; but this subsection is without prejudice to the powers of the Lands Tribunal or the Lands Tribunal for Scotland in respect of the costs or expenses of proceedings before the Tribunal by virtue of section 35(9) above.
A farm loss payment shall carry interest, at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961 or, in Scotland, section 40 of the Land Compensation (Scotland) Act 1963, from the date mentioned in subsection (1) above until payment.
Where the date mentioned in subsection (1) above is before the passing of this Act the period within which a claim to a farm loss payment can be made shall be the period of one year beginning with the date of the passing of this Act.
This section applies to a person—
if he has a qualifying interest in land,
if the interest is acquired compulsorily, and
to the extent that he is not entitled to a home loss payment in respect of any part of the interest.
In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to payment of whichever is the lower of the following amounts—
2.5% of the value of the interest;
£25,000.
In a case where the qualifying interest is in land in Wales, a person to whom this section applies is entitled to payment of whichever is the lower of the following amounts—
7.5% of the value of his interest;
£75,000.
A payment under this section must be made by the acquiring authority.
An interest in land is a qualifying interest if it is a freehold interest or an interest as tenant and (in either case) it subsists for a period of not less than one year ending with whichever is the earliest of—
the date on which the acquiring authority takes possession of the land under section 11 of the Compulsory Purchase Act 1965 (entry to take possession of land);
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the vesting date (within the meaning of the Compulsory Purchase (Vesting Declarations) Act 1981) if a declaration is made under section 4 of that Act (general vesting declaration);
the date on which compensation is agreed between the person and the acquiring authority;
the date on which the amount of compensation is determined by the Upper Tribunal.
The compulsory acquisition of an interest in land includes acquisition of the interest in consequence of the service of—
a purchase notice under section 137 of the Town and Country Planning Act 1990 (right to require purchase of certain interests);
a notice under section 150 of that Act (purchase of blighted land).
The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition (including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored)); but this is subject to subsections (7) and (8).
If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.
If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.
This section applies to a person if—
he has a qualifying interest in land for the purposes of section 33A,
the land is agricultural land,
the interest is acquired compulsorily, and
he occupied the land for the period specified in section 33A(4).
In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
7.5% of the value of the interest;
the land amount;
the buildings amount.
But the maximum amount which may be paid to a person under subsection (1A) in respect of an interest in land is £75,000.
In a case where the qualifying interest is in land in Wales, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
2.5% of the value of his interest;
the land amount;
the buildings amount.
But the maximum amount which may be paid to a person under subsection (2) in respect of an interest in land is £25,000.
A payment under this section must be made by the acquiring authority.
The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition (including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored)); but this is subject to subsections (6) and (7).
If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.
If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.
In the case of land in England, the land amount is the greater of £900 and the amount found in accordance with the following Table— Area of the land Amount per hectare Not exceeding 100 hectares £300 per hectare or part of a hectare Exceeding 100 hectares £300 per hectare for the first 100 hectares; £150 per hectare for the next 300 hectares or part of a hectare.
In the case of land in Wales, the land amount is the greater of £300 and the amount found in accordance with the following Table— Area of the land Amount per hectare Not exceeding 100 hectares £100 per hectare or part of a hectare Exceeding 100 hectares (a) £100 per hectare for the first 100 hectares; (b) £50 per hectare for the next 300 hectares or part of a hectare.
In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.
In the case of land in Wales the buildings amount is £25 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.
The gross floor space must be measured externally.
This section applies to a person if—
he has a qualifying interest in land for the purposes of section 33A,
the land is not agricultural land,
the interest is acquired compulsorily, and
he occupied the land for the period specified in section 33A(4).
In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
7.5% of the value of the interest;
the land amount;
the buildings amount.
But the maximum amount which may be paid to a person under subsection (1A) in respect of an interest in land is £75,000.
In a case where the qualifying interest is in land in Wales, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
2.5% of the value of his interest;
the land amount;
the buildings amount.
But the maximum amount which may be paid to a person under subsection (2) in respect of an interest in land is £25,000.
A payment under this section must be made by the acquiring authority.
The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition (including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored)); but this is subject to subsections (6) and (7).
If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.
If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.
In the case of land in England, the land amount is the greater of—
£7,500;
£7.50 per square metre (or part of a square metre) of the area of the land.
But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (7A)(a) there is substituted £900.
In the case of land in Wales, the land amount is the greater of—
£2,500;
£2.50 per square metre (or part of a square metre) of the area of the land.
But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (8)(a) there is substituted £300.
In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross internal floor space of any buildings on the land.
In the case of land in Wales, the buildings amount is £25 per square metre (or part of a square metre) of the gross internal floor space of any buildings on the land.
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This section applies to a person if—
he is a person to whom section 33A, 33B or 33C applies,
a notice falling within subsection (4) has been served on him in relation to the land mentioned in that section,
at the relevant time the notice has effect or is operative, and
he has failed to comply with any requirement of the notice.
This section also applies to a person if—
he is a person to whom section 33A, 33B or 33C applies,
a copy of an order falling within subsection (5) has been served on him in relation to the land mentioned in that section, and
the order has not been quashed on appeal.
No payment may be made under section 33A, 33B or 33C to a person to whom this section applies.
These are the notices—
notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land);
notice under section 11 of the Housing Act 2004 (improvement notice relating to category 1 hazard);
notice under section 12 of that Act (improvement notice relating to category 2 hazard);
notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 138 of the Historic Environment (Wales) Act 2023 (repairs notice prior to compulsory notice of acquisition of listed building).
These are the orders—
an order under section 20 of the Housing Act 2004 (prohibition order relating to category 1 hazard);
an order under section 21 of that Act (prohibition order relating to category 2 hazard);
an order under section 43 of that Act (emergency prohibition orders);
an order under section 265 of the Housing Act 1985 (demolition order relating to category 1 or 2 hazard).
For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs—
in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—
the compulsory purchase order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;
the compulsory purchase order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;
a decision is made under section 13BA(2)(a) of that Act (decision that conditions subject to which order was confirmed have been met);
a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met);
in the case of a compulsory acquisition which is to be authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made;
in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served;
in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed.
In subsection (6)—
The Secretary of State may by regulations amend subsections (4) and (5).
This section applies for the purposes of sections 33A to 33C.
A claim for payment must be made in writing to the acquiring authority.
The claim must give such particulars as the authority may reasonably require for the purpose of deciding—
whether a payment is to be made;
the amount of any such payment.
For the purposes of the Limitation Act 1980 a person’s right of action to recover a payment must be taken to have accrued—
in the case of a claim under section 33A on the last day of the period specified in subsection (4) of that section;
in the case of a claim under section 33B or 33C on the date of his displacement from the land.
This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E insolvency proceedings are started in relation to the person.
Any of the following may make a claim instead of the person mentioned in subsection (1)—
a receiver, trustee in bankruptcy or the official receiver in the case of an individual;
an administrator, administrative receiver, liquidator or provisional liquidator or the official receiver in the case of a company or a partnership.
Insolvency proceedings are—
proceedings in bankruptcy;
proceedings under the Insolvency Act 1986 for the winding up of a company or an unregistered company (including voluntary winding up of a company under Part 4 of that Act);
proceedings for the winding up of a partnership.
This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E the person dies (the deceased).
A claim may be made by a person who—
occupied the land for a period of not less than one year ending with the date on which the deceased is displaced from the land, and
is entitled to benefit on the death of the deceased by virtue of a ground mentioned in subsection (3).
The grounds are—
a testamentary disposition;
the law of intestate succession;
the right of survivorship between joint tenants.
This section applies if a person is entitled in respect of the same interest in agricultural land to a payment both—
under section 33B of this Act, and
by virtue of section 12(1) of the Agriculture (Miscellaneous Provisions) Act 1968 (additional payments in consequence of compulsory acquisition of agricultural holding).
Payment may be made in respect of only one entitlement.
If the person makes a claim under both provisions he must be paid in respect of the entitlement which produces the greater amount.
Any dispute as to the amount of a payment to be made under section 33A, 33B or 33C must be determined by the Upper Tribunal.
The acquiring authority must make any payment required by section 33A not later than whichever is the latest of the following dates—
the last day of the period specified in section 33A(4);
the last day of the period of three months beginning with the day the claim is made;
the day on which the amount of the payment is determined.
The authority must make any payment required by section 33B or 33C not later than whichever is the latest of the following dates—
the date the person is displaced from the land;
the last day of the period of three months beginning with the day the claim is made;
the day on which the amount of the payment is determined.
If paragraph (c) of subsection (2) or (3) applies the authority may at any time make a payment in advance to the person entitled to a payment (the claimant).
If when the value of the interest is agreed or determined the amount of a payment made under subsection (4) differs from the payment required by section 33A, 33B or 33C—
the amount by which the advance payment exceeds the payment required must be repaid by the claimant to the authority;
the amount by which the payment required exceeds the advance payment must be paid by the authority to the claimant.
The acquiring authority must pay interest on the amount required to be paid at the rate prescribed by regulations under section 32 of the Land Compensation Act 1961.
Interest accrues from the date specified in paragraph (a) of subsection (2) or (3) (as the case may be).
The authority may, at the request of the person entitled to the payment, make a payment on account of the interest mentioned in subsection (6).
This section applies if—
an interest in land which is a qualifying interest for the purpose of section 33A is acquired by agreement by an authority which has power to acquire the interest compulsorily, and
the interest is acquired from a person who would be entitled to a payment under section 33A, 33B or 33C if the interest is acquired compulsorily.
The authority may make a payment to the person of an amount equal to the amount they would be required to pay if the interest is acquired compulsorily.
This section applies for the purposes of sections 33A to 33I.
The Secretary of State may by regulations substitute for any amount or percentage figure specified in these sections such other amount or percentage figure (as the case may be) as he thinks fit.
Except as provided in the following provisions of this section, a power to make regulations must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
This subsection applies to regulations under subsection (2) which substitute—
a percentage figure, or
an amount, in a case where the change in value condition is not satisfied.
A statutory instrument containing regulations to which subsection (4) applies must not be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.
The change in value condition is satisfied if the Secretary of State thinks that in the case of the substitution of an amount it is expedient to make the substitution in consequence of changes in the value of money or land.
Regulations under subsection (2) may make different provision for different purposes.
the acquisition of the land by an authority possessing compulsory purchase powers;
the making of a housing order in respect of a house or building on the land;
where the land has been previously acquired by an authority possessing compulsory purchase powers or appropriated by a local authority and is for the time being held by the authority for the purposes for which it was acquired or appropriated, the carrying out of any improvement to a house or building on the land or of redevelopment on the land,
A person shall not be entitled to a disturbance payment— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in any case, unless he is in lawful possession of the land from which he is displaced;
in a case within subsection (1)(a) above, unless either—
he has no interest in the land for the acquisition or extinguishment of which he is (or if the acquisition or extinguishment were compulsory would be) entitled to compensation under any other enactment; or
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in a case within subsection (1)(b) above, if he is entitled to a payment under section 584A(1) of the Housing Act 1985 (compensation payable in case of prohibition and demolition orders).
in a case within subsection (1)(d) above, unless the displacement occurred on or after 31st July 1974 (on which date the Housing Act 1974 was passed).
For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of any such acquisition improvement or redevelopment as is mentioned in paragraph (a), (c) or (d) of that subsection unless he was in lawful possession of the land— and a person shall not be treated as displaced in consequence of a housing order within paragraph (b) of that subsection unless he was in lawful possession as aforesaid at the time when the order was made.
in the case of land acquired under a compulsory purchase order, at the time when notice was first published of the making of the compulsory purchase order prior to its submission for confirmation or, where the order did not require confirmation, of the preparation of the order in draft;
in the case of land acquired under an Act specifying the land as subject to compulsory acquisition, at the time when the provisions of the Bill for that Act specifying the land were first published;
in the case of land acquired by agreement, at the time when the agreement was made;
Where a person is displaced from land in circumstances such that, apart from this subsection, he would be entitled to a disturbance payment from any authority and also to compensation from that authority under section 37 of the Landlord and Tenant Act 1954 (compensation from landlord where order for new tenancy of business premises precluded on certain grounds) he shall be entitled, at his option, to one or the other but not to both.
For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the carrying out of any improvement to a house or building unless he is permanently displaced in consequence of the carrying out of that improvement.
Where a person is displaced from any land as mentioned in subsection (1) above but is not entitled, as against the authority there mentioned, to a disturbance payment or to compensation for disturbance under any other enactment, the authority may, if they think fit, make a payment to him determined in accordance with section 38(1) to (3) below.
A disturbance payment shall carry interest, at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961. . . , from the date of displacement until payment.
This section does not apply to any land which is used for the purposes of agriculture.
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In this section “a housing order. . . ...”“improvement” and “redevelopment” have the same meaning as in section 29 above.
This section applies if the date of displacement is on or after 17th October 1972.
The amount of a disturbance payment shall be equal to—
the reasonable expenses of the person entitled to the payment in removing from the land from which he is displaced; and
if he was carrying on a trade or business on that land, the loss he will sustain by reason of the disturbance of that trade or business consequent upon his having to quit the land.
In estimating the loss of any person for the purposes of subsection (1)(b) above, regard shall be had to the period for which the land occupied by him may reasonably have been expected to be available for the purposes of his trade or business and to the availability of other land suitable for that purpose. This subsection has effect subject to section 46(7) below.
Where the displacement is from a dwelling in respect of which structural modifications have been made for meeting the special needs of a disabled person (whether or not the person entitled to the disturbance payment) then, if— for making those modifications, the amount of the disturbance payment shall include an amount equal to any reasonable expenses incurred by the person entitled to the payment in making, in respect of a dwelling to which the disabled person removes, comparable modifications which are reasonably required for meeting the disabled person’s special needs.
a local authority in England having functions under Part 1 of the Care Act 2014 or a local authority in Wales having functions under Part 4 of the Social Services and Well-being (Wales) Act 2014 , . . . , provided assistance, or
such an authority would, if an application had been made, have provided assistance,
Any dispute as to the amount of a disturbance payment shall be referred to and determined by the Upper Tribunal . . . .
Where a person is displaced from residential accommodation on any land in consequence of— and suitable alternative residential accommodation on reasonable terms is not otherwise available to that person, then, subject to the provisions of this section, it shall be the duty of the relevant authority to secure that he will be provided with such other accommodation.
the acquisition of the land by an authority possessing compulsory purchase powers;
the making of a housing order in respect of a house or building on the land;
where the land has been previously acquired by an authority possessing compulsory purchase powers or appropriated by a local authority and is for the time being held by the authority for the purposes for which it was acquired or appropriated, the carrying out of any improvement to a house or building on the land or of redevelopment on the land,
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Subsection (1) above shall not by virtue of paragraph (a) thereof apply to a person if the acquisition is in pursuance of the service by him of a blight notice within the meaning of section 149 of the Town and Country Planning Act 1990 . . .
Subsection (1) above shall not apply to any person who is a trespasser on the land or who has been permitted to reside in any house or building on the land pending its demolition or improvement.
Subsection (1) above shall not apply to any person to whom money has been advanced— for the purpose of enabling him to obtain accommodation in substitution for that from which he is displaced as mentioned in that subsection.
under section 41 below;
under the Small Dwellings Acquisition Acts 1899 to 1923 or section 43 of the Housing (Financial Provisions) Act 1958 or section 435 of the Housing Act 1985;
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by a development corporation or the new towns residuary body otherwise than under section 41 below,
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For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of any such acquisition improvement or redevelopment as is mentioned in paragraph (a) or (c) of that subsection unless he was residing in the accommodation in question— and a person shall not be treated as displaced in consequence of a housing order within paragraph (b) of that subsection unless he was residing in the accommodation in question at the time when the order was made.
in the case of land acquired under a compulsory purchase order, at the time when notice was first published of the making of the order prior to its submission for confirmation or, where the order did not require confirmation, of the preparation of the order in draft;
in the case of land acquired under an Act specifying the land as subject to compulsory acquisition, at the time when the provisions of the Bill for the Act specifying the land were first published;
in the case of land acquired by agreement, at the time when the agreement was made;
Subject to subsection (8) below, the ’relevant authority’ for the purpose of this section is the local housing authority within the meaning of the Housing Act 1985.
where the land is in a London borough, the council of that borough or the Greater London Council if they have agreed with that council to discharge the functions of the latter under this section;
where the land is in any other area or district, the local authority having functions in relation to that area under Part V of the Housing Act 1957 or that district under Part VII of the Housing (Scotland) Act 1966.
For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the carrying out of any improvement to a house or building unless he is permanently displaced from the residential accommodation in question in consequence of the carrying out of that improvement.
Where the land is in an area designated as the site of a new town—
paragraph (c) of subsection (1) above shall apply if the land on which the redevelopment is carried out has been previously acquired by the development corporation and is for the time being held either by that corporation or by the new towns residuary body;
if the authority by whom the land is acquired or redeveloped is the development corporation, that corporation shall, in a case falling within paragraph (a) or (c) of that subsection, be the relevant authority for the purposes of this section;
if the authority by whom the land is redeveloped is the new towns residuary body, that body shall, in a case falling within paragraph (c) of that subsection, be the relevant authority for the purposes of this section.
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In this section—
“a housing order . . . ...” “improvement” and “redevelopment” have the same meaning as in section 29 above.
“new towns residuary body” means—
in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 or the Greater London Authority so far as exercising its new towns and urban development functions; and
in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.
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Section 39 above shall, so far as applicable, have effect in relation to a person residing in a caravan on a caravan site who is displaced from that site as it has effect in relation to a person displaced from residential accommodation on any land but shall so have effect subject to the following modifications.
Subsection (1) of the said section 39 shall have effect—
as if for the words preceding paragraph (a) there were substituted the words “Where a person residing in a caravan on a caravan site is displaced from that site in consequence of”; and
as if for the words following paragraph (c) there were substituted the words “and neither suitable residential accommodation nor a suitable alternative site for stationing a caravan is available to that person on reasonable terms, then, subject to the provisions of this section, it shall be the duty of the relevant authority to secure that he will be provided with suitable residential accommodation”.
Subsection (6) of the said section 39 shall have effect as if in the words preceding paragraph (a) for the words “unless he was residing in the accommodation in question” there were substituted the words “unless he was residing in a caravan on the caravan site in question”.
The said section 39 shall have effect as if in any provision not modified as aforesaid for any reference to land there were substituted a reference to a caravan site.
In this section “caravan site” has the same meaning as in section 33 above.
Where a person displaced from a dwelling in consequence of any of the matters mentioned in subsection (1)(a), (b) or (c) of section 39 above— the relevant authority for the purposes of that section may advance money to him for the purpose of enabling him to acquire or construct the other dwelling.
is an owner-occupier of the dwelling; and
wishes to acquire or construct another dwelling in substitution for that from which he is displaced,
The power conferred by this section shall be exercisable subject to such conditions as may be approved by the Secretary of State and the following provisions shall apply with respect to any advance made in the exercise of that power.
The advance shall be made—
on terms providing for the payment of the principal— subject, in either case, to a provision for earlier repayment on the happening of a specified event;
at the end of a fixed period, with or without a provision allowing the authority to extend that period; or
upon notice given by the authority,
on such other terms as the authority may think fit having regard to all the circumstances.
An advance for the construction of a dwelling may be made by instalments from time to time as the works of construction progress.
The principal of the advance, together with interest thereon, shall be secured by a mortgage of the borrower’s interest in the dwelling, and the amount of the principal shall not exceed the value which, in accordance with a valuation duly made on behalf of the relevant authority, it is estimated that the borrower’s interest will bear or, as the case may be, will bear when the dwelling has been constructed.
Before advancing money under this section the relevant authority shall satisfy themselves that the dwelling to be acquired is or will be made, or that the dwelling to be constructed will on completion be, in all respects fit for human habitation.
While the payment of the principal of an advance made by a local authority under this section is not required in accordance with the terms of the advance, the local authority may suspend, with respect to so much of any sum borrowed by them as is referable to the advance or with respect to any sum paid in respect of the advance out of their Consolidated Loans Fund, any periodical provision for repayment that may be required by any enactment or by any scheme (whether made under section 55 of the Local Government Act 1958 or under any local enactment) by which the Fund was established.
The power conferred by this section on a relevant authority is without prejudice to any power to advance money exercisable by the authority under any other enactment.
In this section “owner-occupier”, in relation to any dwelling, means a person who occupies it on the date of displacement and either—
occupies it on that date in right of a freehold interest therein or a tenancy thereof granted or extended for a term of years certain of which not less than three years remain unexpired; or
if the displacement is in consequence of the matters mentioned in paragraph (c) of section 39(1) above, occupied it in right of such an interest or tenancy on the date on which the land was acquired or appropriated as mentioned in that paragraph.
In this section references to the construction of a dwelling include references to the acquisition of a building and its conversion into a dwelling and to the conversion into a dwelling of a building previously acquired.
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in subsection (5) for the reference to a mortgage there shall be substituted a reference to a heritable security ;
in subsection (6) for the words from "is or will" to the end there shall be substituted the words " meets or will meet the tolerable standard as determined for the purposes of the Housing (Scotland) Act 1969 by section 2 of that Act ";
in subsection (7) for the words from " or with respect " to the end there shall be substituted the words " any periodical provision for repayment that may be required by any enactment ";
in subsection (9)—
in paragraph (a) for the words from " a freehold interest" to " certain " there shall be substituted the words " an owner's interest or a lease " , and at the end there shall be added the following words " or by virtue of a tenancy or other interest to which the Crofters (Scotland) Acts 1955 and 1961 or the Small Landholders (Scotland) Acts 1886 to 1931 apply;
in paragraph (b) for the word " tenancy" there shall be substituted the words " lease or by virtue of such a tenancy or interest ".
Where a relevant authority within the meaning of section 39 above provide or secure the provision of accommodation for any person in pursuance of subsection (1)(a) or (c) of that section, then, if— the displacing authority shall make to the rehousing authority periodical payments, or if the rehousing authority so require a lump sum payment, by way of indemnity against any net loss in respect of the rehousing authority’s provision of that accommodation which may be incurred by that authority in any year during the period of ten years commencing with the year in which the accommodation is first provided.
the authority providing the accommodation (“the rehousing authority”) are not the same as the authority by whom the land in question is acquired or redeveloped (“the displacing authority”); and
the displacing authority are not an authority having functions under Part II of the Housing Act 1985 or (if they are such an authority) the land is acquired or redeveloped by them otherwise than in the discharge of those functions
For the purposes of subsection (1) above a local authority incur a net loss in respect of their provision of accommodation for a person whom they are rehousing—
if they rehouse him in a dwelling provided by them under Part II of the said Act 1985, , for the purpose of rehousing him; or
if—
they rehouse him in a Housing Revenue Account dwelling not so provided , and
provide under the said Part II in the year immediately preceding that in which he first occupies it, or in the period of three years commencing with the year in which he first occupies it, a dwelling of a similar type or size.
Where money has been advanced to a person as mentioned in section 39(4) above, then if— the displacing authority shall make to the lending authority a lump sum payment by way of indemnity against that loss.
the authority making the advance (“the lending authority”) are not the same as the displacing authority; and
the lending authority incur a net loss in respect of the making of the advance,
For the purposes of subsection (3) above, a lending authority incur a net loss in respect of the making of an advance to any person if—
he does not fully discharge his liability to the authority in respect of principal, interest and costs or expenses in accordance with the terms on which the advance is made; and
the deficiency exceeds the net proceeds arising to the authority on a sale of the interest on which the principal and interest is secured.
The Secretary of State may—
for the purposes of subsection (1) above from time to time determine a method to be used generally in calculating net losses incurred by rehousing authorities;
for the purposes of that subsection or subsection (3) above, determine the net loss incurred by a rehousing authority or lending authority in any particular case;
give directions as to the manner in which any payment under this section is to be made.
In subsection (2)— ’Housing Revenue Account dwelling’ means a dwelling which is within the authority’s Housing Revenue Account (within the meaning of Part VI of the Local Government and Housing Act 1989)
Where a person displaced from a dwelling in consequence of any of the events specified in paragraphs (a) to (d) of section 39(1)above— then, according to the nature of the event in consequence of which he was displaced, the acquiring authority, the authority who made the order, passed the resolution, accepted the undertaking or served the notice or the authority carrying out the improvement or redevelopment may pay any reasonable expenses incurred by him in connection with the acquisition, other than the purchase price.
has no interest in the dwelling or no greater interest therein than as tenant for a year or from year to year; and
wishes to acquire another dwelling in substitution for that from which he is displaced,
No payment shall be made under this section in respect of expenses incurred by any person in connection with the acquisition of a dwelling unless the dwelling is acquired not later than one year after the displacement and is reasonably comparable with that from which he is displaced.
For the purposes of subsection (2) above a dwelling acquired pursuant to a contract shall be treated as acquired when the contract is made.
Subsections (3) (6) and (6A) of section 39 above shall have effect in relation to subsection (1) above and to any provision of subsection (1) of that section as applied thereby.
Where land is acquired or taken from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land acquired or taken from him.
In this section “compensation for injurious affection” means compensation for injurious affection under section 63 or 121 of the Lands Clauses Consolidation Act 1845 or section 7 or 20 of the Compulsory Purchase Act 1965, and subsection (1) above shall apply with the necessary modifications to such compensation under the said section 7 as substituted by paragraph 6 of Schedule 19 to the Highways Act 1980, paragraph 7 of Schedule 3 to the Gas Act 1986 paragraph 3 of Schedule 9 to the Water Industry Act 1991 or of Schedule 18 to the Water Resources Act 1991 (compulsory acquisition of rights over land) or any corresponding enactment, including (except where otherwise provided) an enactment passed after this Act.
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This section applies to the assessment of compensation in respect of the compulsory acquisition of an interest in a dwelling which—
has been constructed or substantially modified to meet the special needs of a disabled person; and
is occupied by such a person as his residence immediately before the date when the acquiring authority take possession of the dwelling or was last so occupied before that date.
The compensation shall, if the person whose interest is acquired so elects, be assessed as if the dwelling were land which is devoted to a purpose of such a nature that there is no general demand or market for land for that purpose.
Where a person is carrying on a trade or business on any land and, in consequence of the compulsory acquisition of the whole of that land, is required to give up possession thereof to the acquiring authority, then if— the compensation payable to that person in respect of the compulsory acquisition of his interest in the land or, as the case may be, under section 121 of the Lands Clauses Consolidation Act 1845 or section 20 of the Compulsory Purchase Act 1965 (tenants from year to year etc.) shall, so far as attributable to disturbance, be assessed on the assumption that it is not reasonably practicable for that person to carry on the trade or business or, as the case may be, the part thereof the goodwill of which he has retained, elsewhere than on that land.
on the date on which he gives up possession as aforesaid he has attained the age of sixty; and
on that date the land is or forms part of a hereditament the annual value of which does not exceed the prescribed amount; and
that person has not disposed of the goodwill of the whole of the trade or business and gives to the acquiring authority the undertakings mentioned in subsection (3) below,
In subsection (1) above “the prescribed amount” means the amount which on the date mentioned in that subsection is the amount prescribed for the purposes of section 149(3)(a) of the Town and Country Planning Act 1990 (interests qualifying for protection under planning blight provisions) and “annual value” and “hereditament” have the meanings given in section 171 of that Act taking references to the date of service of a notice under section 150 of that Act as references to the date mentioned in subsection (1) above.
The undertakings to be given by the person claiming compensation are—
an undertaking that he will not dispose of the goodwill of the trade or business, or, as the case may be, of the part thereof the goodwill of which he has retained; and
an undertaking that he will not, within such area and for such time as the acquiring authority may require, directly or indirectly engage in or have any interest in any other trade or business of the same or substantially the same kind as that carried on by him on the land acquired.
If an undertaking given by a person for the purposes of this section is broken the acquiring authority may recover from him an amount equal to the difference between the compensation paid and the compensation that would have been payable if it had been assessed without regard to the provisions of this section.
This section shall apply to a trade or business carried on by two or more persons in partnership as if references to the person by whom it is carried on were references to all the partners and as if the undertakings mentioned in subsection (3) above were required to be given by all the partners.
This section shall apply to a trade or business carried on by a company— In this subsection “shareholder” means a person who is beneficially entitled to a share or shares in the company carrying voting rights and “minority shareholder” means a person who is so entitled to less than 50 per cent, of those shares.
as if subsection (1)(a) above required—
each shareholder, other than a minority shareholder, to be an individual who has attained the age of sixty on the date there mentioned; and
each minority shareholder to be an individual who either has attained that age on that date or is the spouse of a shareholder who has attained that age on that date; and
as if the undertakings mentioned in subsection (3)(b) above were required to be given both by the company and by each shareholder.
This section shall apply in relation to any disturbance payment assessed in accordance with section 38(1)(b) above as it applies in relation to the compensation mentioned in subsection (1) above, and shall so apply subject to the necessary modifications and as if references to the giving up of possession of land to the acquiring authority in consequence of its compulsory acquisition were references to displacement as mentioned in section 37 above.
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This section applies where—
in pursuance of an enactment providing for the acquisition or taking of possession of land compulsorily an acquiring authority—
acquires the interest of the landlord in land subject to a tenancy, or
acquires the interest of the tenant in, or takes possession of, land subject to a tenancy, and
before the authority acquired the interest or took possession of the land, the tenant under the tenancy was carrying on a trade or business on the land.
The principles in subsections (3) and (4) are to be applied in assessing the compensation payable by the authority to the landlord or the tenant in respect of the acquisition of the interest in or the taking of possession of the land or, as the case may be, under section 121 of the Lands Clauses Consolidation Act 1845 or section 20 of the Compulsory Purchase Act 1965 (tenants from year to year etc).
Regard must be had to—
the likelihood of the continuation or renewal of the tenancy,
in the case of a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (security of tenure for business tenants) applies, the right of the tenant to apply for the grant of a new tenancy,
the total period for which the tenancy may reasonably have been expected to continue, including after any renewal, and
the terms and conditions on which a tenancy may reasonably have been expected to be renewed or continued.
It is to be assumed that neither the acquiring authority nor any other authority possessing compulsory purchase powers have acquired or propose to acquire any interest in the land.
Subject to subsection (1A) below this section has effect where in pursuance of any enactment providing for the acquisition or taking of possession of land compulsorily an acquiring authority—
acquire the interest of the landlord in an agricultural holding or any part of it; or
acquire the interest of the tenant in, or take possession of, an agricultural holding or any part of it.
In assessing the compensation payable by the acquiring authority to the landlord in connection with any such acquisition of an interest as is mentioned in subsection (1)(a) above—
there shall be disregarded any right of the landlord to serve a notice to quit, and any notice to quit already served by the landlord, which would not be or would not have been effective if—
in Case B in Part I of Schedule 3 to the Agricultural Holdings Act 1986 (land required for non-agricultural use for which planning permission has been granted etc.) the reference to the land being required did not include a reference to its being required by an acquiring authority; and
in section 27(3)(f) of that Act (proposed termination of tenancy for purpose of land’s being used for non-agricultural use not falling within the said Case B the reference to the land’s being used did not include a reference to its being used by an acquiring authority; and
if the tenant has quitted the holding or any part of it by reason of a notice to quit which is to be so disregarded, it shall be assumed that he has not done so.
This section does not have effect where the tenancy of the agricultural holding is a tenancy to which, by virtue of section 4 of the Agricultural Tenancies Act 1995, the Agricultural Holdings Act 1986 does not apply.
In assessing the compensation payable by the acquiring authority to the tenant in connection with any such acquisition of an interest or taking of possession of land as is mentioned in subsection (1)(b) above (hereafter referred to as “the tenant’s compensation”), there shall be disregarded any right of the landlord to serve a notice to quit, and any notice to quit already served by the landlord, which would not be or would not have been effective if the said Case B and section 27(3)(f) were construed in accordance with subsection (2)(a)(i) and (ii) above.
Section 42 of the Agriculture (Miscellaneous Provisions) Act 1968 (tenant’scompensation to be assessed without regard to his prospects of remaining in possession after contractual date) and section 15(1) of that Act (effect on tenant’s compensation of provision enabling landlord to resume possession for non-agricultural use) shall cease to have effect.
The tenant’s compensation shall be reduced by an amount equal to any payment which the acquiring authority are liable to make to him, in respect of the acquisition or taking of possession in question, under section 12 of the said Act of 1968 (additional payments by acquiring authority in circumstances described in subsection (1)(b) above).
If the tenant’s compensation as determined in accordance with subsections (3) to (5) above is less than it would have been if those subsections had not been enacted, it shall be increased by the amount of the deficiency.
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in subsections (2) and (3), for the references to sections 24(2)(b) and 25(1)(e) of the Agricultural Holdings Act 1948 there shall be substituted respectively references to sections 25(2)(c) and 26(1)(e) of the Agricultural Holdings (Scotland) Act 1949;
after subsection (2)(a) there shall be inserted the following—
at the end of subsection (2)(b) there shall be inserted the following—and;
in subsection (3), after the word " disregarded " there shall be inserted the word " (a) " , and at the end there shall be added the words—and;
after subsection (6) there shall be inserted the following subsection—
In assessing the tenant’s compensation no account shall be taken of any benefit which might accrue to the tenant by virtue of section 60(2)(b) of the Agricultural Holdings Act 1986 (additional payments by landlord for distrubance); and in this subsection the reference to the said section 60(2)(b) does not include a reference to it as applied by section 12 of the Agricultural (Miscellaneous Provisions) Act 1968.
This section has effect where in pursuance of any enactment providing for the acquisition or taking of possession of land compulsorily an acquiring authority—
acquire the interest of the landlord in an agricultural holding which is a croft; or
take possession of a croft.
In assessing the compensation payable by the acquiring authority to the landlord of a croft in connection with any such acquisition of an interest as is mentioned in subsection (1)(a) above—
there shall be disregarded any right of the landlord to apply to the Scottish Land Court under section 12 of the Crofters (Scotland) Act 1955 for authority to resume the croft and any such authority already granted which would not be or would not have been effective if in that section the reference to resuming the croft did not include a reference to its being resumed for the purpose of its being required by the acquiring authority ; and
if the crofter has surrendered his croft under the said section 12 by reason of an authority which is to be so disregarded it shall be assumed that he has not done so.
In assessing the compensation payable by the acquiring authority to the crofter in connection with any such taking of possession of a croft as is mentioned in subsection (1)(b) above, there shall be disregarded any right of the landlord to apply to the Scottish Land Court under the said section 12 for authority to resume the croft or any such authority already granted which would not be or would not have been effective if the said section 12 were construed in accordance with subsection (2)(a) above.
If the compensation payable to the crofter as determined in accordance with subsection (3) above is less than it would have been if that subsection had not been enacted, it shall be increased by the amount of the deficiency.
This section shall apply to part of a croft as it applies to an entire croft.
This section shall apply to the holding or part of the holding of a landholder as it applies to a croft or part of a croft except that for any reference to a croft, crofter or section 12 of the Crofters (Scotland) Act 1955 there shall be substituted respectively a reference to a holding, landholder or section 2 of the Crofters Holdings (Scotland) Act 1886.
This section shall apply to the holding or part of the holding of a statutory small tenant as it applies to a croft or part of a croft except that—
for any reference to a croft, crofter or section 12 of the Crofters (Scotland) Act 1955 there shall be substituted respectively a reference to a holding, statutory small tenant or section 32(15) of the Small Landholders (Scotland) Act 1911;
in subsection (2)(b), for the words " crofter has surrendered his croft under the said section 12 " there shall be substituted the words " landlord has resumed the holding under the said section 32(15) ";
after subsection (3) there shall be inserted the following subsection—;
in subsection (4), for the words " subsection (3)" there shall be substituted the words " subsections (3) and (3A) ".
The amount of compensation payable in respect of the compulsory acquisition of an interest in land shall not be subject to any reduction on account of the fact that the acquiring authority have provided, or undertake to provide or arrange for the provision of, or another authority will provide, residential accommodation under any enactment for the person entitled to the compensation.
In assessing the compensation payable in respect of the compulsory acquisition of an interest in land which on the date of service of the notice to treat is subject to a tenancy, there shall be left out of account any part of the value of that interest which is attributable to, or to the prospect of, the tenant giving up possession after that date in consequence of being provided with other accommodation by virtue of section 39(1)(a) above; and for the purpose of determining the date by reference to which that compensation is to be assessed the acquiring authority shall be deemed, where the tenant gives up possession as aforesaid, to have taken possession on the date on which it is given up by the tenant.
Subsection (1) above shall apply in relation to any payment to which a person is entitled under Part III of this Act as it applies in relation to the compensation mentioned in that subsection taking references to the acquiring authority as references to the authority responsible for making that payment.
Subsection (2) above shall apply in relation to a case where a notice to treat is deemed to have been served by virtue of Part III of the Compulsory Purchase (Vesting Declarations) Act 1981 (general vesting declarations) as it applies in relation to a case where a notice to treat is actually served.
Where the Secretary of State proposes to make an order under section 1 of the New Towns Act 1981 designating any area as— and the purpose or main purpose, or one of the main purposes, for which the order is proposed to be made is the provision of housing or other facilities required in connection with or in consequence of the carrying out of any public development, he may, before making the order, give a direction specifying that development for the purposes of this section in relation to that area.
the site of a new town; or
an extension of the site of a new town,
Where the area mentioned in paragraph 3 or 3A in the first column of Schedule 1 to the Land Compensation Act 1961 (cases where land acquired forms part of site of new town or extension of site of new town) is an area to which a direction under this section relates, then, in the circumstances described in that paragraph— shall respectively include any increase or diminution in value, and any increase in value, which is attributable to the carrying out or the prospect of the public development specified in the direction.
the increase or diminution in value to be left out of account by virtue of section 6 of that Act (compensation to be assessed without regard to development attributable to designation of new town) or any rule of law relating to the assessment of compensation in respect of compulsory acquisition; and
the increase in value to be taken into account by virtue of section 7 of that Act (reduction of compensation where other land benefited by such development),
No direction shall be given under this section in relation to any area until the Secretary of State has prepared a draft of the order under section 1 of the said Act of 1981in respect of that area and has published the notice required by paragraph 2 of Schedule 1 to that Act.
Any direction under this section shall be given by order; and any order containing such a direction may be varied or revoked by a subsequent order.
The power to make orders under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “public development” means development (whether or not in the area designated under section 1 of the said Act of 1981) in the exercise of statutory powers by— and includes such development which has already been carried out when the direction in respect of it is given as well as such development which is then proposed.
a government department;
any statutory undertakers within the meaning of the Town and Country Planning Act 1990or any body deemed by virtue of any enactment to be statutory undertakers for the purposes of, or of any provision of, that Act; or
without prejudice to paragraph (b) above, any body having power to borrow money with the consent of a Minister,
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for any reference to section 1 of the New Towns Act 1965 and for the reference in subsection (3) to paragraph 2 of Schedule 1 to that Act there shall be substituted respectively a reference to section 1 of the New Towns (Scotland) Act 1968 and to paragraph 2 of Schedule 1 to that Act;
in subsection (2), for the references to sections 6 and 7 of the Land Compensation Act 1961 and to paragraphs 3 and 3A in the first column of Schedule 1 to that Act there shall be substituted respectively references to sections 13 and 14 of the Land Compensation (Scotland) Act 1963 and to paragraphs 3 and 3A in the first column of Schedule 1 to that Act;
in subsection (6)(b), for the reference to the Town and Country Planning Act 1971 there shall be substituted a reference to the Town and Country Planning (Scotland) Act 1972.
An acquiring authority may make an advance payment on account of compensation payable by them for the compulsory acquisition of an interest in land if a request has been made under subsection (2) after the compulsory acquisition has been authorised.
A request for advance payment must be made in writing by the person entitled to it (“the claimant”) and must include—
details of the claimant's interest in the land, and
information to enable the acquiring authority to estimate the amount of the compensation in respect of which the advance payment is to be made.
In a case where the compulsory acquisition is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority may not make an advance payment if they have not taken possession of the land, but must do so if they have.
Subject to subsection (6) below, the amount of any advance payment under this section shall be equal to 90 per cent. of the following amount, that is to say—
if the acquiring authority and the claimant have agreed on the amount of the compensation, the agreed amount;
in any other case, an amount equal to the compensation as estimated by the acquiring authority.
In all other cases, an acquiring authority must make an advance payment under subsection (1) if, before or after the request is made, the authority—
give a notice of entry under section 11(1) of the Compulsory Purchase Act 1965, or
execute a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of that land.
An advance payment required by subsection (1A) must be made—
before the end of the day on which the authority take possession of the land, or
if later, before the end of the period of two months beginning with the day on which the authority—
received the request for the advance payment, ...
received any further information required under subsection (2A)(b), or
received any further information required under section 52ZC(2)(b).
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Within 28 days of receiving a request, the acquiring authority must—
determine whether they have enough information to estimate the amount of compensation, and
if they need more information, require the claimant to provide it.
If the land is subject to a mortgage sections 52ZA and 52ZB apply.
Any advance payment on account of compensation in respect of an interest which is settled land for the purposes of the Settled Land Act 1925 shall be made to the persons entitled to give a discharge for capital money and shall be treated as capital money arising under that Act.
Before an acquiring authority make an advance payment under this section on account of compensation in respect of any interest in land they shall deposit with the council of the district or London borough or Welsh county or county borough in which the land is situated particulars of the payment to be made, the compensation and the interest in land to which it relates;. . .
An advance payment required by subsection (1B) must be made—
before the end of the day on which the notice of entry is given or the general vesting declaration is executed, or
if later, before the end of the period of two months beginning with the day on which the authority—
received the request for the advance payment, ...
received any further information required under subsection (2A)(b), or
received any further information required under section 52ZC(2)(b).
Where a local land charge is registered in the ... local land charges register pursuant to subsection (8A) above and the advance payment to which the charge relates is made to the claimant, then if thereafter the amount of the advance payment together with any amount paid under section 52A shall be set off against any sum payable by the authority to that other person in respect of the compulsory acquisition of the interest acquired or the compulsory acquisition or release of the interest created.
the claimant's interest in some or all of the land is acquired by another person, or
the claimant creates an interest in some or all of the land in favour of a person other than the acquiring authority,
Where, at any time after an advance payment has been made on the basis of the acquiring authority’s estimate of the compensation, it appears to the acquiring authority that their estimate was too low, they shall, if a request in that behalf is made in accordance with subsection (2) above, pay to the claimant the balance of the amount of the advance payment calculated as at that time.
Where an advance payment has been made under this section on account of any compensation—
section 76 of the Lands Clauses Consolidation Act 1845 and section 9 of the Compulsory Purchase Act 1965 (refusal of owner to convey on tender of compensation) shall have effect as if references to the compensation were references to the balance thereof remaining unpaid . . .
neither section 11(1) of the said Act of 1965 nor any bond under Schedule 3 to that Act or under section 85 of the said Act of 1845 (interest on compensation where possession is taken before payment) shall require the acquiring authority to pay interest, in respect of any time after the date of the advance payment, on so much of the compensation as corresponds to that payment.
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This section shall apply to compensation for the compulsory acquisition of a right over land as it applies to compensation for the compulsory acquisition of an interest in land, and shall so apply with the necessary modifications and as if references to taking possession of the land were references to first entering it for the purpose of exercising the right.
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in subsection (6) for any reference to a mortgage or mortgagee there shall be substituted respectively a reference to a heritable security or a heritable creditor ;
subsections (7) and (11) shall be omitted ;
for subsection (8) there shall be substituted the following subsection—;
in paragraph (c) of subsection (10) for the words from the beginning to " 1965 " there shall be substituted the words " section 75 of the Lands Clauses Consolidation (Scotland) Act 1845 " and in paragraph (b) of that subsection for the words from the beginning to " section 85 " there shall be substituted the words " no bond under section 84 ";
in subsection (12) after the words " a right" there shall be inserted the words " in or ".
Any particulars deposited pursuant to subsection (8) above shall be a local land charge and for the purposes of the Local Land Charges Act 1975 the council with whom any such particulars are deposited shall be treated as the originating authority as respects the charge thereby constituted.
Where the amount or aggregate amount of any payments under section 52 made on the basis of the acquiring authority's estimate of the compensation exceeds the compensation as finally determined or agreed, the excess is to be repaid.
If after any payment under section 52 has been made to any person it is discovered that the person was not entitled to it, the person must repay it.
If the notice to treat relating to an interest in land in relation to which an acquiring authority have made a payment to a claimant under section 52 is withdrawn or has ceased to have effect before the authority take possession of the land, the authority may by notice require the claimant to pay them an amount equal to the amount of the payment, unless another person has acquired the whole of the claimant's interest in the land.
Subsection (5) applies where—
a payment made to a claimant has been registered as a local land charge in accordance with section 52(8A),
the whole of the claimant's interest in land has subsequently been acquired by another person (a “successor”),
any notice to treat given in relation to the interest is withdrawn or ceases to have effect before the acquiring authority take possession of the land, and
the authority notify the successor that they are not going to give the successor a notice to treat (or a further notice to treat) for the interest.
The authority may by notice require the successor to pay them an amount equal to the amount of any payment made to the claimant under section 52.
A notice under subsection (3) or (5) must specify the date by which the claimant or successor must pay the amount.
The date mentioned in subsection (6) must be after the period of two months beginning with the day on which the authority give the notice under subsection (3) or (5).
Neither subsection (3) nor subsection (5) affects a right to compensation under section 31(3) or (3A) of the Land Compensation Act 1961 or section 5(2C)(b) of the Compulsory Purchase Act 1965.
This section applies if—
a request is made for an advance payment under section 52(1) in respect of land,
the authority is required by section 52(1A) or (1B) to make the advance payment, and
the land is subject to a mortgage the principal of which does not exceed 90% of the relevant amount.
The advance payment made to the claimant must be reduced by the amount the acquiring authority think will be required by them to secure the release of the interest of the mortgagee (or all the mortgagees if there is more than one).
The acquiring authority must pay to the mortgagee the amount the acquiring authority think will be required by them to secure the release of the mortgagee’s interest, if—
the claimant so requests, and
the mortgagee consents to the making of the payment.
If there is more than one mortgagee—
subsection (3) applies to each mortgagee individually, but
payment must not be made to a mortgagee before the interest of each mortgagee whose interest has priority to his interest is released.
The amount of the advance payment made to the claimant under section 52 and the amount of the payments made to mortgagees under this section must not in aggregate exceed 90% of the relevant amount.
Subsection (7) applies if—
the acquiring authority estimated the compensation,
it appears to the acquiring authority that their estimate was too low and they revise the estimate, and
a request is made by the claimant in accordance with section 52(2).
The provisions of subsections (2) to (5) must be re-applied on the basis of the revised estimate.
This section applies if—
a request is made for an advance payment under section 52(1) in respect of land,
the authority would be required by section 52(1A) or (1B) to make the advance payment if it were not for this section, and
the land is subject to a mortgage the principal of which exceeds 90% of the relevant amount.
No advance payment is to be made to the claimant.
But the acquiring authority must pay to the mortgagee the amount found under subsection (4), if—
the claimant so requests, and
the mortgagee consents to the making of the payment.
The amount is whichever is the lesser of—
90% of the value of the land;
the principal of the mortgagee’s mortgage.
The value of the land is the value—
agreed by the claimant and the acquiring authority, or (failing such agreement)
estimated by the acquiring authority.
For the purposes of subsection (5) the value of the land is to be calculated in accordance with rule 2 of section 5 of the Land Compensation Act 1961 (market value), whether or not compensation is or is likely to be assessed in due course in accordance with rule 5 of that section (equivalent re-instatement).
If there is more than one mortgagee, payment must not be made to a mortgagee until the interest of each mortgagee whose interest has priority to his interest is released.
But the total payments under subsection (3) must not in any event exceed 90% of the value of the land.
Subsection (10) applies if—
the acquiring authority estimated the compensation,
it appears to the acquiring authority that their estimate was too low and they revise the estimate,
the condition in section 52ZA(1)(c) would have been satisfied if the revised estimate had been used instead of their estimate, and
a request is made by the claimant in accordance with section 52(2).
The provisions of section 52ZA(2) to (5) must be applied on the basis of the revised estimate.
If— any balance found to be due to a mortgagee on the basis of the revised estimate is payable in accordance with this section.
the acquiring authority estimated the value of the land,
it appears to the acquiring authority that their estimate was too low and they revise the estimate, and
a request is made by the claimant in writing,
This section applies for the purposes of sections 52ZA and 52ZB.
Within 28 days of receiving a request for a payment under section 52ZA or 52ZB, the acquiring authority must—
determine whether they have enough information to give effect to section 52ZA or, as the case may be, 52ZB, and
if they need more information, require the claimant to provide it.
A request under section 52ZA(3) or 52ZB(3) must be made in writing and must be accompanied by the written consent of the mortgagee.
In a case where the compulsory acquisition to which the request relates is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority must make any payment under section 52ZA or 52ZB—
before the end of the day on which the authority take possession of the land, or
if later, before the end of the period of two months beginning with the day on which the authority—
received the request under section 52ZA(3) or 52ZB(3), ...
received any further information required under subsection (2), or
received any further information required under section 52(2A)(b).
In all other cases, the authority must make any payment under section 52ZA or 52ZB—
before the end of the day on which the notice of entry is given or the general vesting declaration is executed, or
if later, before the end of the period of two months beginning with the day on which the authority—
received the request under section 52ZA(3) or 52ZB(3), ...
received any further information required under subsection (2), or
received any further information required under section 52(2A)(b).
Subsections ... (8) to (9) of section 52 apply to a payment which may be or is made under section 52ZA or 52ZB as they apply to a payment which may be or is made under section 52.
The relevant amount is the amount of the compensation agreed or estimated as mentioned in section 52(3).
If the land is subject to more than one mortgage, the reference in sections 52ZA(1)(c) and 52ZB(1)(c) to the principal is to the aggregate of the principals of all of the mortgagees.
A payment made to a mortgagee under section 52ZA or 52ZB—
must be applied by the mortgagee in or towards the discharge of the principal, interest and costs and any other money due under the mortgage;
must be taken to be a payment on account of compensation and treated for the purposes of section 52(10) as if it were an advance payment made under section 52;
must be taken, with effect from the date of the payment, to reduce by the amount of the payment the amount in respect of which interest accrues for the purposes of section 11(1) of the Compulsory Purchase Act 1965 or any bond under section 85 of the Lands Clauses Compensation Act 1845;
must be taken into account for the purposes of determining any payments (or payments into court) which may be made for the purposes of sections 14 to 16 of the Compulsory Purchase Act 1965.
If the amount, or aggregate amount, of any payments under— on the basis of the acquiring authority’s estimate of the compensation exceed the compensation as finally determined or agreed, the excess must be repaid by the claimant.
sections 52 and 52ZA, or
section 52ZB,
No payment must be made to a mortgagee—
if any of the circumstances mentioned in subsection (10) applies, or
if the compulsory acquisition is only of a right over land.
The circumstances are—
payment has been made under section 14(2) of the Compulsory Purchase Act 1965;
a notice under section 14(3) of that Act has been given;
there is an agreement under section 15(1) or 16(1) of that Act or the matter has been referred to the Upper Tribunal under that section.
The claimant in relation to settled land for the purposes of the Settled Land Act 1925 is the persons entitled to give a discharge for capital money.
The appropriate national authority may by regulations impose requirements about the form and content of a request under section 52(2), 52ZA(3) or 52ZB(3).
In subsection (1) “appropriate national authority” means—
in relation to a request relating to the compulsory acquisition of land in England, the Secretary of State;
in relation to a request relating to the compulsory acquisition of land in Wales, the Welsh Ministers.
Regulations under subsection (1) may permit or require a person specified in the regulations to design a form to be used in making a request.
Regulations under subsection (1) may require an acquiring authority to supply, at specified stages of the compulsory acquisition process, copies of a form to be used in making a request.
Regulations under subsection (1) are to be made by statutory instrument.
A statutory instrument containing regulations under subsection (1) is subject to annulment—
in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament;
in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.
Where an acquiring authority have made a payment to a mortgagee under section 52ZA or 52ZB in relation to an interest in land and notify the claimant that the notice to treat relating to the interest is withdrawn or has ceased to have effect before the authority take possession of the land, the authority may by notice require the claimant to pay them an amount equal to the amount of the payment, unless another person has acquired the whole of the claimant's interest in the land.
Subsection (3) applies where—
a payment under section 52ZA or 52ZB has been registered as a local land charge in accordance with section 52(8A),
the whole of a claimant's interest in land has subsequently been acquired by another person (a “successor”),
any notice to treat given in relation to the interest is withdrawn or ceases to have effect before the authority take possession of the land, and
the acquiring authority notify the successor that they are not going to give the successor a notice to treat (or a further notice to treat) in relation to the interest.
The authority may by notice require the successor to pay them an amount equal to the amount of the payment.
A notice under subsection (1) or (3) must specify the date by which the claimant or successor must pay the amount.
The date mentioned in subsection (4) must be after the period of two months beginning with the day on which the authority give the notice under subsection (1) or (3).
Neither subsection (1) nor subsection (3) affects a right to compensation under section 31(3) or (3A) of the Land Compensation Act 1961 or section 5(2C)(b) of the Compulsory Purchase Act 1965.
This section applies where the compensation to be paid by the acquiring authority for the compulsory acquisition of any interest in land would (apart from this section) carry interest under section 11(1) of the Compulsory Purchase Act 1965 or any bond under ... section 85 of the Lands Clauses Consolidation Act 1845.
If the authority make a payment under section 52(1) after the date of entry to any person on account of the compensation—
they must at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount of the compensation agreed or estimated under section 52(3) (the total amount), and
the difference between the paid amount and the total amount is an unpaid balance for the purposes of this section.
The paid amount is—
the amount of the payment under section 52(1), or
if the land is subject to a mortgage, the aggregate of that amount and the amount of any payment made under section 52ZA(3).
If the authority make a payment under section 52(4A) above to any person on account of the compensation, they shall at the same time make a payment to him of accrued interest, for the period beginning with the date of entry, on—
the amount by reference to which the payment under section 52(4A) above was calculated; less
the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated.
Where the authority make a payment under section 52(4A) above on account of the compensation, the difference between— is an unpaid balance for the purposes of this section.
the amount of the payment; and
the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated,
If, on an anniversary of the date on which the authority made a payment to any person under section 52(1) above on account of the compensation— exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount.
the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be,
the aggregate amount of the accrued interest on any unpaid balances,
The acquiring authority shall, on paying the outstanding compensation, pay the amount of the accrued interest on the unpaid balance under subsection (2) above or, as the case may be, the aggregate amount of the accrued interest on any unpaid balances.
For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with—
the making of the payment under section 52(1) or, as the case may be, 52(4A) above; or
if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection.
For the purposes of this section—
interest accrues at the rate prescribed under section 32 of the Land Compensation Act 1961 or, in the case of a bond under section 85 of the Lands Clauses Consolidation Act 1845, at the rate specified in section 85; and
the amount by reference to which a payment under section 52(1) or (4A) was calculated is the amount referred to in section 52(3)(a) or (b) for the purposes of that calculation.
Where any payment has been made under section 52(1) above on account of any compensation, the acquiring authority is not required to pay interest under section 11(1) of the Compulsory Purchase Act 1965 or any bond ... under section 85 of the Lands Clauses Consolidation Act 1845.
Where the amount, or aggregate amount, of any payment under section 52 above made on the basis of the acquiring authority’s estimate of the compensation is greater than the compensation as finally determined or agreed and, accordingly, the interest paid under this section is excessive, the excess shall be repaid.
If after any interest has been paid to any person under this section on any amount it is discovered that he was not entitled to the amount, the interest shall be recoverable by the acquiring authority.
The Secretary of State may from time to time by order substitute another sum for the sum specified in subsection (5) above; and the power to make orders under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
If the acquiring authority are required by section 52(1A) or (1B) to make an advance payment of compensation but pay some or all of it late, the authority must pay interest on the amount which is paid late (“the unpaid amount”).
Interest under subsection (1) accrues on the unpaid amount for the period beginning with the day after the last day on which payment could have been made in accordance with section 52(4) or (4ZA).
If the amount of the advance payment is greater than the compensation as finally determined or agreed (“the actual amount”), the claimant must repay any interest paid under this section that is attributable to the amount by which the advance payment exceeded the actual amount.
The Treasury must by regulations specify the rate of interest for the purposes of subsection (1).
Regulations under subsection (4) may contain further provision in connection with the payment of interest under subsection (1).
Regulations under subsection (4) are to be made by statutory instrument.
A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
Where an acquiring authority serve notice to treat in respect of any agricultural land on a person (whether in occupation or not) having a greater interest in the land than as tenant for a year or from year to year, and that person has such an interest in other agricultural land comprised in the same agricultural unit as that to which the notice relates, the person on whom the notice is served (hereafter referred to as “the claimant”) may, within the period of two months beginning with the date of service of the notice to treat, serve on the acquiring authority a counter-notice—
claiming that the other land is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and
requiring the acquiring authority to purchase his interest in the whole of the other land.
Where a counter-notice is served under subsection (1) above the claimant shall also, within the period mentioned in that subsection, serve a copy thereof on any other person who has an interest in the land to which the requirement in the counter-notice relates, but failure to comply with this subsection shall not invalidate the counter-notice.
Subject to subsection (4) below, “other relevant land” in subsection (1) above means—
land comprised in the same agricultural unit as the land to which the notice to treat relates, being land in which the claimant does not have such an interest as is mentioned in that subsection; and
land comprised in any other agricultural unit occupied by him on the date of service of the notice to treat, being land in respect of which he is then entitled to a greater interest than as tenant for a year or from year to year.
Where an acquiring authority have served a notice to treat in respect of any of the other agricultural land mentioned in subsection (1) above or in respect of other relevant land as defined in subsection (3) above or such a notice is deemed to have been served by virtue of sections 137 to 144 of the Town and Country Planning Act 1990, then, unless and until that notice to treat is withdrawn, this section and section 54 below shall have effect as if that land did not form part of that other agricultural land or did not constitute other relevant land, as the case may be.
This section shall have effect in relation to a case where a notice to treat is deemed to have been served by virtue of any of the provisions of Part III of the Compulsory Purchase (Vesting Declarations) Act 1981 (general vesting declarations) as it has effect in relation to a case where a notice to treat is actually served, and section 54 below shall have effect accordingly.
This section is without prejudice to the rights conferred by sections 93 and 94 of the Lands Clauses Consolidation Act 1845, or section 8(2) and (3) of the Compulsory Purchase Act 1965 (provisions as to divided land).
If the acquiring authority do not within the period of two months beginning with the date of service of a counter-notice under section 53 above agree in writing to accept the counter-notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Upper Tribunal; and on any such reference the Tribunal shall determine whether the claim in the counter-notice is justified and declare the counter-notice valid or invalid in accordance with its determination of that question.
Where a counter-notice is accepted as, or declared to be, valid under subsection (1) above the acquiring authority shall be deemed—
to be authorised to acquire compulsorily, under the enactment by virtue of which they are empowered to acquire the land in respect of which the notice to treat was served, the claimant’s interest in the land to which the requirement in the counter-notice relates; and
to have served a notice to treat in respect of that land on the date on which the first-mentioned notice to treat was served.
A claimant may withdraw a counter-notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the counter-notice has been determined by the Upper Tribunal or at any time before the end of six weeks beginning with the date on which the compensation is so determined; and where a counter-notice is withdrawn by virtue of this subsection any notice to treat deemed to have been served in consequence thereof shall be deemed to have been withdrawn.
Without prejudice to subsection (3) above, the power conferred by section 31 of the Land Compensation Act 1961 to withdraw a notice to treat shall not be exerciseable in the case of a notice to treat which is deemed to have been served by virtue of this section.
The compensation payable in respect of the acquisition of an interest in land in pursuance of a notice to treat deemed to have been served by virtue of this section shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) above.
Where by virtue of this section the acquiring authority become, or will become, entitled to a lease of any land but not to the interest of the lessor— For the purposes of this subsection any terms as to surrender contained in the lease shall be disregarded.
the authority shall offer to surrender the lease to the lessor on such terms as the authority consider reasonable;
the question of what terms are reasonable may be referred to the Upper Tribunal by the authority or the lessor and, if at the expiration of three months after the date of the offer mentioned in paragraph (a) above, the authority and the lessor have not agreed on that question and that question has not been referred to the Tribunal by the lessor, it shall be so referred by the authority;
if that question is referred to the Tribunal, the lessor shall be deemed to have accepted the surrender of the lease at the expiration of one month after the date of the determination of the Tribunal or on such other date as the Tribunal may direct and to have agreed with the authority on the terms of surrender which the Tribunal has held to be reasonable.
Where the lessor refuses to accept any sum payable to him by virtue of subsection (6) above, or refuses or fails to make out his title to the satisfaction of the acquiring authority, they may pay into court any sum payable to the lessor by virtue of that subsection; and subsections (2) and (5) of section 9 of the Compulsory Purchase Act 1965 (deposit of compensation in cases of refusal to convey etc.) shall apply to that sum with the necessary modifications.
Where an acquiring authority who become entitled to the lease of any land as mentioned in subsection (6) above are a body incorporated by or under any enactment the corporate powers of the authority shall, if they would not otherwise do so, include power to farm that land.
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for any reference to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland;
in subsection (4), for the words " section 31 of the Land Compensation Act 1961" there shall be substituted the words " section 39 of the Land Compensation (Scotland) Act 1963 ";
in subsection (6), in paragraph (a), for the word " surrender " there shall be substituted the word " renounce ", and in paragraph (c) for the word " surrender " there shall be substituted the word " renunciation ";
in subsection (7), for the word "court" and for the words from " subsections (2) " to the end there shall be substituted respectively the words " the Bank within the meaning of section 3 of the Lands Clauses Consolidation (Scotland) Act 1845 " and the words " the following provisions of the said Act of 1845 shall apply to that sum with the necessary modifications—
section 75 so far as it relates to the opening of an account,
section 76 so far as it relates to the giving of a receipt,
section 77,
section 79 ".
Where an acquiring authority serve notice of entry under section 11(1) of the Compulsory Purchase Act 1965 on the person in occupation of an agricultural holding, being a person having no greater interest therein than as tenant for a year or from year to year, and the notice relates to part only of that holding, the person on whom the notice is served (hereafter referred to as “the claimant”) may, within the period of two months beginning with the date of service of the notice of entry, serve on the acquiring authority a counter-notice—
claiming that the remainder of the holding is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and
electing to treat the notice of entry as a notice relating to the entire holding.
Where a counter-notice is served under subsection (1) above the claimant shall also, within the period mentioned in that subsection, serve a copy thereof on the landlord of the holding, but failure to comply with this subsection shall not invalidate the counter-notice.
Subject to subsection (4) below, “other relevant land” in subsection (1) above means—
land comprised in the same agricultural unit as the agricultural holding; and
land comprised in any other agricultural unit occupied by the claimant on the date of service of the notice of entry, being land in respect of which he is then entitled to a greater interest than as tenant for a year or from year to year.
Where an acquiring authority have served a notice to treat in respect of land in the agricultural holding other than that to which the notice to entry relates or in respect of other relevant land as defined in subsection (3) above, then, unless and until that notice to treat is withdrawn, this section and section 56 below shall have effect as if that land did not form part of the holding or did not constitute other relevant land, as the case may be.
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If the acquiring authority do not within the period of two months beginning with the date of service of a counter-notice under section 55 above agree in writing to accept the counter-notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Upper Tribunal; and on any such reference the Tribunal shall determine whether the claim in the counter-notice is justified and declare the counter-notice valid or invalid in accordance with its determination of that question.
Where a counter-notice is accepted as, or declared to be, valid under subsection (1) above then, if before the end of twelve months after it has been so accepted or declared the claimant has given up possession of every part of the agricultural holding to the acquiring authority—
the notice of entry shall be deemed to have extended to the part of the holding to which it did not relate; and
the acquiring authority shall be deemed to have taken possession of that part in pursuance of that notice on the day before the expiration of the year of the tenancy which is current when the counter-notice is so accepted or declared.
Where the claimant gives up possession of an agricultural holding to the acquiring authority as aforesaid but the authority have not been authorised to acquire the landlord’s interest in, or in any of, the part of the holding to which the notice of entry did not relate (“the land not subject to compulsory purchase”)—
neither the claimant nor the authority shall be under any liability to the landlord by reason of the claimant giving up possession of the land not subject to compulsory purchase or the authority taking or being in possession of it;
immediately after the date on which the authority take possession of the land not subject to compulsory purchase they shall give up to the landlord, and he shall take, possession of that land;
the tenancy shall be treated as terminated on the date on which the claimant gives up possession of the holding to the acquiring authority or (if he gives up possession of different parts at different times) gives up possession as aforesaid of the last part, but without prejudice to any rights or liabilities of the landlord or the claimant which have accrued before that date;
any rights of the claimant against, or liabilities of the claimant to, the landlord which arise on or out of the termination of the tenancy by virtue of paragraph (c) above (whether under the contract of tenancy, under the Agricultural Holdings Act 1986 or otherwise) shall be rights and liabilities of the authority, and any question as to the payment to be made in respect of any such right or liability shall be referred to and determined by the Upper Tribunal;
any increase in the value of the land not subject to compulsory purchase which is attributable to the landlord’s taking possession of it under paragraph (b) above shall be deducted from the compensation payable in respect of the acquisition of his interest in the remainder of the holding.
Where a tenancy is terminated by virtue of subsection (3)(c) above, section 72 of the Agricultural Holdings Act 1986 (landlord’s right to compensation for deterioration of holding) shall have effect as if subsection (4) of that section required the landlord’s notice of intention to claim compensation to be served on the acquiring authority and to be so served within three months after the termination of the tenancy.
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for any reference to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland;
in subsection (3)(d) for the words from "contract" to " 1948 " there shall be substituted the words " lease, the Agricultural Holdings (Scotland) Act 1949, the Crofters (Scotland) Acts 1955 and 1961, the Small Landholders (Scotland) Acts 1886 to 1931 ";
in subsection (4), for the reference to section 58 of the Agricultural Holdings Act 1948 there shall be substituted a reference to section 59(1) of the Agricultural Holdings (Scotland) Act 1949 and for the word " proviso " there shall be substituted the words " said section 59(1) ".
Before taking possession of part only of an agricultural holding under section 85 of the Lands Clauses Consolidation Act 1845 ... or under Part III of the Compulsory Purchase (Vesting Declarations) Act 1981 (alternative procedures for taking possession of land) the acquiring authority shall serve notice of their intention to do so on the person in occupation of the holding, and sections 55 and 56 above shall have effect, subject to any necessary modifications, as if possession were being obtained pursuant to a notice of entry under section 11(1) of the said Act of 1965.
Sections 55 and 56 above shall have effect, subject to any necessary modifications, in relation to a notice of entry under paragraph 4 of Schedule 6 to the New Towns Act 1981 (provisions applicable to compulsory acquisitions under that Act) as they have effect in relation to a notice of entry under section 11(1) of the said Act of 1965.
Sections 55 and 56(1) and (2) above shall have effect, subject to any necessary modifications, in relation to a notice under section 584 of the Housing Act 1985 (power to enter and determine short tenancies of land acquired or appropriated for certain purposes of that Act) as they have effect in relation to a notice of entry under section 11(1) of the said Act of 1965.
Before taking possession of part only of an agricultural holding under section 84 or 114 of the Lands Clauses Consolidation (Scotland) Act 1845 (alternative procedures for taking possession of land) the acquiring authority shall serve notice of their intention to do so on the person in occupation of the holding, and sections 55 and 56 above shall have effect, subject to any necessary modifications, as if possession were being obtained pursuant to a notice of entry under paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.
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Sections 55 and 56 above shall have effect, subject to any necessary modifications, in relation to a notice of entry under paragraph 4 of Schedule 6 to the New Towns (Scotland) Act 1968 (provisions applicable to compulsory acquisitions under that Act) as they have effect in relation to a notice of entry under paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.
Sections 55 and 56(1), (2) and (5)(a) above shall have effect, subject to any necessary modifications, in relation to a notice under section 114 of the Housing (Scotland) Act 1966 (dispossession of tenant where local authority have agreed to purchase or have appropriated land for purposes of Part VII of that Act) as they have effect in relation to a notice of entry under paragraph 3 of Schedule 2 to the said Act of 1947.
In determining under ... ... section 166(2) of the Town and Country Planning Act 1990 whether— the Upper Tribunal shall take into account not only the effect of the severance but also the use to be made of the part proposed to be acquired and, in a case where the part is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.
part of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or
part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,
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under the said section 8(1) as substituted by paragraph 8 of Schedule 6 to the Highways Act 1971 or paragraph 14 of Schedule 2 to the Gas Act 1972 (compulsory acquisition of rights over land); or
under any provision corresponding to or substituted for the said section 8(1) which is contained in, or in an instrument made under, any other enactment including (except where otherwise provided) an enactment passed after this Act.
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for the reference in subsection (1) to the provisions there mentioned there shall be substituted a reference to paragraph 4 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and section 191(2) of, and paragraph 26 of Schedule 24 to, the Town and Country Planning (Scotland) Act 1972;
for the reference to the said section 8(1) as substituted by the provisions mentioned in subsection (2) (a) above there shall be substituted a reference to the said paragraph 4 as substituted by paragraph 24 of Schedule 2 to the Gas Act 1972 ;
for the reference to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland.
This section has effect where the person in occupation of an agricultural holding, being a person having no greater interest therein than as tenant for a year or from year to year, is served with a notice to quit the holding, and—
the notice is served after an acquiring authority have served notice to treat on the landlord of the holding or, being an authority possessing compulsory purchase powers, have agreed to acquire his interest in the holding; and
either—
section 26(1) of the Agricultural Holdings Act 1986 does not apply to the notice by virtue of Case B in Part I of Schedule 3 to that Act (land required for non-agricultural use for which planning permission has been granted etc.); or
the appropriate tribunal have consented to the operation of the notice and stated in the reasons for their decision that they are satisfied as to the matter mentioned in section 27(3)(f) of that Act (land required for non-agricultural use not falling within the said Case B.
If the person served with the notice to quit elects that this subsection shall apply to the notice and gives up possession of the holding to the acquiring authority on or before the date on which his tenancy terminates in accordance with the notice—
section 20 of the Compulsory Purchase Act 1965 (compensation for tenants from year to year etc.) and section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 shall have effect as if the notice to quit had not been served and the acquiring authority had taken possession of the holding in pursuance of a notice of entry under section 11(1) of the said Act of 1965 on the day before that on which the tenancy terminates in accordance with the notice to quit; and
the provisions of the Agricultural Holdings Act 1986 relating to compensation to a tenant on the termination of his tenancy shall not have effect in relation to the termination of the tenancy by reason of the notice to quit.
For the purposes of subsection (1), “appropriate tribunal” means—
where the holding (or the greater part of the holding) is in England, the First-tier Tribunal; and
where the holding (or the greater part of the holding) is in Wales, the Agricultural Land Tribunal.
No election under subsection (2) above shall be made or, if already made, continue to have effect in relation to any land (whether the whole or part of the land to which the notice to quit relates) if, before the expiration of that notice, an acquiring authority take possession of that land in pursuance of an enactment providing for the taking of possession of land compulsorily.
Any election under subsection (2) above shall be made by notice in writing served on the acquiring authority not later than the date on which possession of the holding is given up.
This section shall have effect in relation to a notice to quit part of an agricultural holding as it has effect in relation to a notice to quit an entire holding and references to a holding and the termination of the tenancy shall be construed accordingly.
A person served with a notice to quit part of an agricultural holding shall not be entitled, in relation to that notice, both to make an election under this section and to give a counter-notice under section 32 of the Agricultural Holdings Act 1986 (tenant’s right to cause notice to quit part of holding to operate as notice to quit entire holding).
The reference in subsection (1)(a) above to a notice to treat served by an acquiring authority includes a reference to a notice to treat deemed to have been so served under any of the provisions mentioned in section 53(5) above and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 293 of the Town and Country Planning Act 1990)..
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for subsection (1)0) there shall be substituted the following paragraph—;
in subsection (2)(a), for the references to section 20 of the Compulsory Purchase Act 1965 and 11(1) of that Act there shall be substituted respectively references to section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 and paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
in subsection (2)(b), for the references to the Agricultural Holdings Act 1948 and section 15(2) of the Agriculture (Miscellaneous Provisions) Act 1968 there shall be substituted respectively references to the Agricultural Holdings (Scotland) Act 1949 and section 15(3) of the said Act of 1968 ;
in subsection (6), for the reference to section 32 of the Agricultural Holdings Act 1948 there shall be substituted a reference to section 33 of the Agricultural Holdings (Scotland) Act 1949 ;
after subsection (7) there shall be inserted the following subsections—.
This section has effect where—
the person in occupation of an agricultural holding is a crofter and is required by an order of the Scottish Land Court under section 12 of the Crofters (Scotland) Act 1955 to surrender his croft; and
the crofter is so required—
after an acquiring authority have served notice to treat on the landlord of the croft or, being an authority possessing compulsory purchase powers, have agreed to acquire his interest in the croft, and
where the Court have been satisfied under the said section 12 that the landlord desires to resume the croft for a reasonable purpose which is a purpose other than an agricultural purpose.
If the crofter required by such an order to surrender his croft elects that this subsection shall apply to the order and gives up possession of the croft to the acquiring authority on or before the date on which the croft is required to be surrendered in accordance with the order—
section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 (compensation for tenants from year to year, etc.) shall have effect as if the crofter had not been so required to surrender his croft and the acquiring authority had taken possession of the croft in pursuance of a notice of entry under paragraph 3 of Schedule 2 to to Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 on the day before that on which the croft is required to be surrendered in accordance with the order; and
any provision of an order under section 12 of the Crofters (Scotland) Act 1955 relating to the compensation to a crofter shall not have effect in relation to the surrender of the croft by reason of the order.
No election under subsection (2) above shall be made or, if already made, continue to have effect in relation to any land to which such an order relates if, before the date on which the croft is required to be surrendered in accordance with the order, an acquiring authority take possession of that land in pursuance of an enactment providing for the taking of possession of land compulsorily.
Any election under subsection (2) above shall be made by notice in writing served on the acquiring authority not later than the date on which possession of the croft is given up.
This section shall have effect in relation to an order to surrender part of a croft as it has effect in relation to an order to surrender an entire croft and references to a croft shall be construed accordingly.
The reference in subsection (1)(b)(i) above to a notice to treat served by an acquiring authority includes a reference to a notice to treat deemed to have been so served under any of the provisions mentioned in section 53(5) above.
This section shall apply to a landholder as it applies to a crofter except that for any reference to a croft, crofter or section 12 of the Crofters (Scotland) Act 1955 there shall be substituted respectively a reference to a holding, landholder or section 2 of the Crofters Holdings (Scotland) Act 1886.
This section shall apply to a statutory small tenant subject to the modifications set out in Part I of Schedule 1 to this Act; and in accordance with this subsection this section shall have effect in relation to a statutory small tenant as set out in Part II of that Schedule.
Where a notice to quit in respect of which a person is entitled to make an election under section 59 above relates to part only of an agricultural holding and that person makes such an election within the period of two months beginning with the date of service of that notice, or, if later, the decision of the appropriate tribunal referred to in subsection (1)(b)(ii) of that section, he may also within that period serve a notice on the acquiring authority claiming that the remainder of the holding is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit.
If the acquiring authority do not within the period of two months beginning with the date of service of a notice under subsection (1) above agree in writing to accept the notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Upper Tribunal, and on any such reference the Tribunal shall determine whether the claim in the notice is justified and declare the notice valid or invalid in accordance with its determination of that question.
Where a notice under subsection (1) above is accepted as, or declared to be, valid under subsection (2) above then, if before the end of twelve months after it has been so accepted or declared the claimant has given up to the acquiring authority possession of the part of the holding to which the notice relates, section 20 of the Compulsory Purchase Act 1965 and section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 shall have effect as if the acquiring authority had taken possession of that part in pursuance of a notice of entry under section 11(1) of the said Act of 1965 on the day before the expiration of the year of the tenancy which is current when the notice is so accepted or declared.
Subsections (2) to (4) of section 55 and subsection (3) of section 56 above shall apply in relation to subsections (1) to (3) above and to a notice under subsection (1) above as they apply in relation to those sections and a counter-notice under subsection (1) of section 55, and shall so apply with the necessary modifications and as if any reference to the notice of entry were a reference to the notice to quit.
Where an election under section 59 above ceases to have effect in relation to any land by virtue of subsection (3) of that section any notice served by virtue of this section shall also cease to have effect in relation thereto.
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in subsection (1) for the reference to the Agricultural Land Tribunal there shall be substituted a reference to the Scottish Land Court;
in subsection (2) for any reference to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland;
in subsection (3) for the references to sections 11(1) and 20 of the Compulsory Purchase Act 1965 there shall be substituted respectively references to paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and section 114 of the Lands Clauses Consolidation (Scotland) Act 1845.
Where an order of the Scottish Land Court in respect of which a person is entitled to make an election under section 60 above relates to part only of a croft or holding and that person makes such an election within the period of two months beginning with the date of the making of the order, he may also within that period serve a notice on the acquiring authority claiming that the remainder of the croft or holding is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit.
If the acquiring authority do not within the period of two months beginning with the date of service of a notice under subsection (1) above agree in writing to accept the notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Lands Tribunal for Scotland, and on any such reference the Tribunal shall determine whether the claim in the notice is justified and declare the notice valid or invalid in accordance with its determination of that question.
Where a notice under subsection (1) above is accepted as, or declared to be valid under subsection (2) above then, if before the end of twelve months after it has been so accepted or declared the claimant has given up to the acquiring authority possession of the part of the croft or holding to which the notice relates, section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 shall have effect as if the acquiring authority had taken possession of that part in pursuance of a notice of entry under paragraph 3 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 on the day before the expiration of the year of the tenancy which is current when the notice is so accepted or declared.
Subsections (2) to (4) of section 55 and subsection (3) of section 56 above shall apply in relation to subsections (1) to (3) above and to a notice under subsection (1) above as they apply in relation to those sections and a counter-notice under subsection (1) of section 55, and shall so apply with the necessary modifications and as if in section 55(3)(b) for the words " service of the notice of entry " and in section 56(3) for the words " the notice of entry " there were substituted the words " the order of the Scottish Land Court ".
Where an election under section 60 above ceases to have effect in relation to any land by virtue of subsection (3) of that section any notice served by virtue of this section shall cease to have effect in relation thereto.
Subsection (3) above shall apply in the case of the holding of a statutory small tenant as if after the word " 1845 " there were inserted the words " and section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 ".
Compensation under section 68 of the Lands Clauses Consolidation Act 1845 or section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection where no land taken) shall carry interest, at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961, from the date of the claim until payment.
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At the end of section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 (construction of railway to be subject to that Act and Lands Clauses Consolidation (Scotland) Act 1845) there shall be added the following subsection—
Section 35 of the Roads (Scotland) Act 1970 (general provisions as to acquisition of land) shall have effect as if—
after subsection (1) there were inserted the following subsection—;
at the end there were added the following subsection—.
Subject to the provisions of this section, the Lands Clauses Consolidation (Scotland) Act 1845 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply subject to any necessary modifications to the compulsory acquisition under any enactment of a right in or over land by the creation of a new right as they apply to the compulsory acquisition of land under the enactment in question.
Section 61 of the said Act of 1845 (estimation of purchase money and compensation) shall apply to the compulsory acquisition of such a right as if for the words from " value " to " undertaking " there were substituted the words " extent (if any) to which the value of the land in or over which the right is to be acquired is depreciated by the acquisition of the right ".
In considering the extent of any material detriment to a house, building or manufactory or any extent to which the amenity or convenience of a house is affected, the Lands Tribunal for Scotland shall have regard not only to the right which is to be acquired in or over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase.
Nothing in this section shall affect the operation of any enactment which makes specific provision to the like effect as the provisions of this section.
In paragraph (a) of section 192(1) of the Act of 1971 (land indicated in a structure plan in force for the relevant district as land which may be required for the purposes of functions of public authorities or as land which may be included in an action area) the reference to a structure plan in force shall include a reference to—
a structure plan which has been submitted to the Secretary of State under section 7 of that Act;
proposals for alterations to a structure plan which have been submitted to the Secretary of State under section 10 of that Act;
modifications proposed to be made by the Secretary of State in any such plan or proposals as are mentioned in the preceding paragraphs, being modifications of which he has given notice in accordance with regulations under Part II of that Act.
In paragraph (b) of the said section 192(1) (land allocated for the purposes of functions of public authorities by a local plan in force for the relevant district and land defined in such a plan as the site of proposed development for the purposes of any such functions) the reference to a local plan in force shall include a reference to—
a local plan of which copies have been made available for inspection under section 12(2) of the Act of 1971 ;
proposals for alterations to a local plan of which copies have been made available for inspection, under section 15(3) of that Act;
modifications proposed to be made by the local planning authority or the Secretary of State in any such plan or proposals as are mentioned in the preceding paragraphs, being modifications of which notice has been given by the authority or the Secretary of State in accordance with regulations under Part II of that Act.
In section 138(1)(b) of the Town and Country Planning Act 1962 as it has effect by virtue of paragraph 58 of Schedule 24 to the Act of 1971 (provisions corresponding to section 192(1)(b) of the Act of 1971 pending coming into force of local plans) the reference to a development plan shall include a reference to—
proposals for alterations to a development plan submitted to the Secretary of State under paragraph 3 or 9 of Schedule 5 to the Act of 1971;
modifications proposed to be made by the Secretary of State in any such proposals, being modifications of which notice has been given by the Secretary of State by advertisement.
No blight notice shall be served by virtue of subsection (1) or (2) above at any time after the copies of the plan or proposals made available for inspection have been withdrawn under— but so much of the said section 10B as provides that a structure plan which has been withdrawn shall be treated as never having been submitted shall not invalidate any blight notice served by virtue of subsection (1)(a) above before the withdrawal of the structure plan.
section 8(6) or 12(5) of the Act of 1971 (directions by Secretary of State requiring further publicity); or
section 10B of that Act (withdrawal of structure plans);
No blight notice shall be served by virtue of this section after the relevant plan or alterations have come into force (whether in their original form or with modifications) or the Secretary of State has decided to reject or, in the case of a local plan, the local planning authority have decided to abandon the plan or alterations and notice of the decision has been given by advertisement.
Where an appropriate authority have served a counter-notice objecting to a blight notice served by virtue of this section, then, if the relevant plan or alterations come into force (whether in their original form or with modifications) the appropriate authority may serve on the claimant, in substitution for the counter-notice already served, a further counter-notice specifying different grounds of objection, and section 195 of the Act of 1971 (reference of objections to Lands Tribunal) shall have effect in relation to the further counter-notice as it has effect in relation to the counter-notice already served: Provided that a further counter-notice under this subsection shall not be served—
at any time after the end of the period of two months beginning with the date on which the relevant plan or alterations come into force; or
if the objection in the counter-notice already served has been withdrawn or the Lands Tribunal has already determined whether or not to uphold that objection.
References in subsections (1) to (3) above to anything done under any of the provisions there mentioned include references to anything done under those provisions as they apply by virtue of section 17 of, or paragraph 4 of Schedule 5 to, the Act of 1971 (default powers of Secretary of State).
In the application of this section to Greater London—
the reference to section 10 of the Act of 1971 shall include a reference to paragraph 6 of Schedule 4 to that Act;
for the reference to section 12(2) of that Act there shall be substituted a reference to paragraphs 12(2) and 13(2) of that Schedule;
for the reference to section 12(5) of that Act there shall be substituted a reference to paragraph 14(3) of that Schedule;
for the reference to section 15(3) of that Act there shall be substituted a reference to the said section 15(3) as substituted by paragraph 16(1), and to paragraph 16(4), of that Schedule.
In this section references to alterations to a local plan include references to its replacement, and references to alterations to a development plan include references to additions to it.
In relation to land tailing within section 192(1)(b) of the Act of 1971 or section 138(1)(b) of the Town and Country Planning Act 1962, as extended by this section, " the appropriate enactment" for the purposes of sections 192 to 207 of the Act of 1971 shall be determined in accordance with section 206(2) of that Act as if references therein to the development plan were references to any such plan, proposal or modifications as are mentioned in subsection (2)(a), (b) or (c) and subsection (3)(a) or (b) above.
In section 192(1)(d) of the Act of 1971 (land on or adjacent to line of highway proposed to be constructed etc. as indicated in an order or scheme which has come into operation under the provisions of Part II of the Highways Act 1959 relating to trunk roads or special roads or in an order which has come into operation under section 1 of the Highways Act 1971) the reference to an order or scheme which has come into operation as aforesaid shall include a reference to—
an order or scheme which has been submitted for confirmation to, or been prepared in draft by, the Secretary of State under the provisions of Part II of the said Act of 1959 relating to trunk roads or special roads and in respect of which a notice has been published under paragraph 1, 2 or 7 of Schedule 1 to that Act;
an order which has been submitted for confirmation to the Secretary of State under the said section 1 and in respect of which a notice has been published under paragraph 2 of that Schedule.
No blight notice shall be served by virtue of this section at any time after the relevant order or scheme has come into operation (whether in its original form or with modifications) or the Secretary of State has decided not to confirm or make the order or scheme.
Subsection (6) of section 68 above shall have effect in relation to a blight notice served by virtue of this section as it has effect in relation to a blight notice served by virtue of that section taking references to the relevant plan or alterations as references to the relevant order or scheme.
Section 192(1)(g) and (f) of the Act of 1971 (land in respect of which a compulsory purchase order is in force where a notice to treat has not been served) shall apply also to land in respect of which a compulsory purchase order has been submitted for confirmation to, or been prepared in draft by, a Minister and in respect of which a notice has been published under paragraph 3(1)(a) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946 or under any corresponding enactment applicable thereto.
No blight notice shall be served by virtue of this section at any time after the relevant compulsory purchase order has come into force (whether in its original form or with modifications) or the Minister concerned has decided not to confirm or make the order.
In relation to land falling within the said section 192(1)(g) or (i) by virtue of this section " the appropriate enactment" for the purposes of sections 192 to 207 of the Act of 1971 shall be the enactment which would provide for the compulsory acquisition of the land or of the rights over the land if the relevant compulsory purchase order were confirmed or made.
Section 192(1) of the Act of 1971 shall have effect as if the land specified therein included land which—
is land indicated in a plan (not being a development plan) approved by a resolution passed by a local planning authority for the purpose of the exercise of their powers under Part III of that Act as land which may be required for the purposes of any functions of a government department, local authority or statutory undertakers; or
is land in respect of which a local planning authority have resolved to take action to safeguard it for development for the purposes of any such functions or been directed by the Secretary of State to restrict the grant of planning permission in order to safeguard it for such development.
Paragraph (a) of the said section 192(1) shall not apply to land within subsection (1) above.
In relation to land falling within subsection (1) above " the appropriate enactment" for the purposes of sections 192 to 207 of the Act of 1971 shall be determined in accordance with section 206(2) of that Act as if references therein to the development plan were references to the resolution or direction in question.
Section 192(1) of the Act of 1971 shall have effect as if the land specified therein included land which—
is land within an area described as the site of a proposed new town in the draft of an order in respect of which a notice has been published under paragraph 2 of Schedule 1 to the New Towns Act 1965 ; or
is land within an area designated as the site of a proposed new town by an order which has come into operation under section 1 of the said Act of 1965.
No blight notice shall be served by virtue of subsection (1)(a) above at any time after the order there mentioned has come into operation (whether in the form of the draft or with modifications) or the Secretary of State has decided not to make the order.
Until such time as a development corporation is established for the new town, sections 192 to 207 of the Act of 1971 shall have effect in relation to land within subsection (1) above as if " the appropriate authority " and " the appropriate enactment" were the Secretary of State and subsection (4) below respectively.
Until such time as aforesaid the Secretary of State shall have power to acquire compulsorily any interest in land in pursuance of a blight notice served by virtue of subsection (1) above; and where he acquires an interest as aforesaid, then—
if the land is or becomes land within subsection (1)(b) above, the interest shall be transferred by him to the development corporation established for the new town ; and
in any other case, the interest may be disposed of by him in such manner as he thinks fit.
The Land Compensation Act 1961 shall have effect in relation to the compensation payable in respect of the acquisition of an interest by the Secretary of State under subsection (4) above as if the acquisition were by a development corporation under the New Towns Act 1965 and as if, in the case of land within subsection (1)(a) above, the land formed part of an area designated as the site of a new town by an order which has come into operation under section 1 of the said Act of 1965.
Section 11 of the said Act of 1965 (right to require development corporation to acquire land within area designated as the site of a new town) shall cease to have effect except in relation to any notice served under that section before the coming into force of this section.
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is land within an area declared to be a clearance area by a resolution under section 42 of the Housing Act 1957; or
is land surrounded by or adjoining an area declared as aforesaid to be a clearance area, being land which a local authority have determined to purchase under section 43 of that Act.
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In relation to land within subsection (1) above " the appropriate enactment" for the purposes of sections 192 to 207 of the Act of 1971 shall be section 43 of the Housing Act 1957.
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Where an interest in land is acquired in pursuance of a blight notice served by virtue of subsection (1)(a) above the compensation payable for the acquisition shall be assessed in accordance with section 59(2) of the said Act of 1957 (site value) and paragraph 2 of Schedule 2 to the Land Compensation Act 1961 shall not apply.
Where the land in which an interest is acquired as aforesaid comprises a house— and references in the said Schedules 2 and 5 to the date of the making of the compulsory purchase order and the date when the house was purchased compulsorily shall be respectively construed as references to the date of service of the blight notice and the date of acquisition in pursuance of that notice.
section 60 of, and Part I of Schedule 2 to, the said Act of 1957 (payments in respect of well-maintained houses) shall have effect as if the house had been made the subject of a compulsory purchase order under Part III of that Act as being unfit for human habitation;
Part II of Schedule 2 to the said Act of 1957 and Schedule 5 to the Housing Act 1969 (payments to owner-occupiers) shall have effect as if the house had been purchased at site value in pursuance of a compulsory purchase order made by virtue of the said Part III;
in section 192(1)(d) of the Act of 1971—
the reference to a power of compulsory acquisition conferred by any of the provisions there mentioned shall include a reference to the power of compulsory acquisition conferred by section 22(1) above ;
the reference to land required for purposes of construction, improvement or alteration as indicated in an order or scheme there mentioned shall include a reference to land required for the purposes of the said section 22(1).
Section 192(1) of the Act of 1971 shall have effect as if the land specified therein included land which—
is land shown on plans approved by a resolution of a local highway authority as land proposed to be acquired by them for the purposes of the said section 22(1); or
is land shown in a written notice given by the Secretary of State to the local planning authority as land proposed to be acquired by him for those purposes in connection with a trunk road or special road which he proposes to provide.
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In the said section 192(1)(g)—
in sub-paragraph (i) for the words from "made by" to " 1971" there shall be substituted the word " providing ";
in sub-paragraph (ii) for the words " highway authority " there shall be substituted the words " appropriate authority ".
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In section 194—
in subsection (4) for the words " is one of the enactments conferring highway land acquisition powers" there shall be substituted the words " confers power to acquire rights over land ";
in subsection (6), in paragraphs (a) and (b), after the word "acquire" there shall be inserted the words " or to acquire any rights over " and the words following paragraph (b) as far as the semi-colon shall be omitted.
Section 192(1) of the Act of 1971 shall have effect as if the land specified therein included land which—
either—
is within the outer lines prescribed by an order under section 159 of the Highways Act 1959 (orders prescribing minimum width of new streets); or
has a frontage to a highway declared to be a new street by an order under section 30 of the Public Health Act 1925 and lies within the minimum width of the street prescribed by any byelaws or local Act applicable by virtue of the order; and
is, or is part of—
a dwelling erected before, or under construction on, the date on which the order is made; or
the curtilage of any such dwelling.
The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of subsection (1) above shall not include those specified in section 194(2)(b) or (c) of the Act of 1971.
In relation to land within subsection (1) above " the appropriate authority " and " the appropriate enactment" for the purposes of sections 192 to 207 of the Act of 1971 shall be the highway authority for the highway in relation to which the order mentioned in that subsection was made and section 214(8) of the said Act of 1959 respectively.
This section shall not enable a blight notice to be served in respect of any land in which the appropriate authority have previously acquired an interest either in pursuance of a blight notice served by virtue of this section or by agreement in circumstances such that they could have been required to acquire it in pursuance of such a notice.
In section 193(1)(c) and section 201(1)(b) of the Act of 1971 (which require a person serving a blight notice to have made reasonable endeavours to sell his interest since the relevant date, that is to say, the date on which the land became blighted) the words " since the relevant date " and " since the relevant date (within the meaning of section 193 of this Act)" shall be omitted.
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In sections 193(1)(d) and 201(1)(c) of the Act of 1971 (which require a person serving a blight notice to have been unable to sell his interest except at a price lower than if the land had not been blighted) for the words from " he has been unable to sell" onwards there shall be substituted the words " in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in land of any of the specified descriptions, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land ".
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Where the whole or part of a hereditament or agricultural unit is comprised in land of any of the specified descriptions, and a person claims that— he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, the said sections 192 to 207.
he is the personal representative of a person (" the deceased ") who at the date of his death was entitled to an interest in that hereditament or unit; and
the interest was one which would have qualified for protection under sections 192 to 207 of the Act of 1971 if a notice under section 193 of that Act had been served in respect thereof on that date ; and
he has made reasonable endeavours to sell that interest; and
in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in land of any of the specified descriptions, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land; and
one or more individuals are (to the exclusion of any body corporate) beneficially entitled to that interest,
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Subsection (1) above shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the entirety of a hereditament or agricultural unit: Provided that this subsection shall not enable any person—
if the deceased was entitled to an interest in the entirety of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of the deceased's interest in part of the hereditament or unit; or
if the deceased was entitled to an interest only in part of the hereditament or agricultural unit, to make or serve any such claim or notice in respect of the deceased's interest in less than the entirety of that part.
Subject to sections 73(2) and 76(2) above and 80(2) below, the grounds on which objection may be made in a counter-notice under section 194 of the Act of 1971 to a notice under this section are those specified in paragraphs (a) to (c) of subsection (2) of that section and, in a case to which it applies, the grounds specified in paragraph (d) of that subsection and also the following grounds—
that the claimant is not the personal representative of the deceased or that, on the date of the deceased's death, the deceased was not entitled to an interest in any part of the hereditament or agricultural unit to which the notice relates;
that (for reasons specified in the counter-notice) the interest of the deceased is not such as is specified in subsection (1)0) above;
that the conditions specified in subsection (1)(c), (d) or (e) above are not fulfilled.
For the purpose of section 201(4) and (5) of the Act of 1971 (which prevent the service of concurrent blight notices under sections 193 and 201 of that Act) a notice served under this section shall be treated as a notice served under the said section 193.
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Where a blight notice is served in respect of an interest in the whole or part of an agricultural unit and on the date of service that unit or part contains land (hereafter referred to as " the unaffected area ") which does not fall within any of the specified descriptions as well as land (hereafter referred to as " the affected area ") which does so, the claimant may include in the notice—
a claim that the unaffected area is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and
a requirement that the appropriate authority shall purchase his interest in the whole of the unit or, as the case may be, in the whole of the part of it to which the notice relates.
Subject to section 80(3) below, " other relevant land " in subsection (1) above means—
land comprised in the remainder of the agricultural unit if the blight notice is served only in respect of part of it;
land comprised in any other agricultural unit occupied by the claimant on the date of service, being land in respect of which he is then entitled to an owner's interest as defined in section 203(4) of the Act of 1971.
The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of section 79 above shall include the grounds that the claim made in the notice is not justified.
Objection shall not be made to a blight notice served by virtue of section 79 above on the grounds mentioned in section 194(2)(c) of the Act of 1971 (part only of affected area proposed to be acquired) unless it is also made on the grounds mentioned in subsection (1) above; and the Lands Tribunal shall not uphold an objection to any such notice on the grounds mentioned in the said section 194(2)(c) unless it also upholds the objection on the grounds mentioned in subsection (1) above.
Where objection is made to a blight notice served by virtue of section 79 above on the grounds mentioned in subsection (1) above and also on those mentioned in the said section 194(2)(c), the Lands Tribunal, in determining whether or not to uphold the objection, shall treat that part of the affected area which is not specified in the counter-notice as included in " other relevant land " as defined in section 79(2) above.
If the Lands Tribunal upholds an objection but only on the grounds mentioned in subsection (1) above, the Tribunal shall declare that the blight notice is a valid notice in relation to the affected area but not in relation to the unaffected area.
If the Tribunal upholds an objection both on the grounds mentioned in subsection (1) above and on the grounds mentioned in the said section 194(2)(c) (but not on any other grounds) the Tribunal shall declare that the blight notice is a valid notice in relation to the part of the affected area specified in the counter-notice as being the part which the appropriate authority propose to acquire as therein mentioned but not in relation to any other part of the affected area or in relation to the unaffected area.
In a case falling within subsection (4) or (5) above, the Tribunal shall give directions specifying a date on which notice to treat (as mentioned in section 81 below and section 196 of the Act of 1971) is to be deemed to have been served.
Section 195(5) of the Act of 1971 shall not apply to any blight notice served by virtue of section 79 above.
In relation to a blight notice served by virtue of section 79 above, subsection (1) of section 196 of the Act of 1971 shall have effect as if for the words " or (in the case of an agricultural unit) the interest of the claimant in so far as it subsists in the affected area " there were substituted the words " or agricultural unit " and subsection (3) of that section shall not apply to any such blight notice.
Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 80(1) above, then if either— the appropriate authority shall be deemed to be authorised to acquire compulsorily under the' appropriate enactment the interest of the claimant in so far as it subsists in the affected area (but not in so far as it subsists in the unaffected area) and to have served a notice to treat in respect thereof on the date mentioned in subsection (3) below.
the claimant, without referring that objection to the Lands Tribunal, and before the time for so referring it has expired, gives notice to the appropriate authority that he withdraws his claim as to the unaffected area: or
on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 80(4) above,
The said date—
in a case falling within paragraph to) of subsection (2) above, is the date on which notice is given in accordance with that paragraph; and
in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 80(6) above.
Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 80(1) above and also on the grounds mentioned in section 194(2)(c) of the Act of 1971 then if either— the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the affected area specified in the counter-notice (but not in so far as it subsists in any other part of that area or in the unaffected area) and to have served a notice to treat in respect thereof on the date mentioned in subsection (5) below.
the claimant, without referring that objection to the Lands Tribunal, and before the time for so referring it has expired, gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the affected area specified in the counter-notice, and withdraws his claim as to the remainder of that area and as to the unaffected area; or
on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 80(5) above in respect of that part of the affected area,
The said date-to) in a case falling within paragraph—
of subsection (4) above, is the date on which notice is given in accordance with that paragraph ; and
in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 80(6) above.
The compensation payable in respect of the acquisition by virtue of this section of an interest in land comprised in— shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) above.
the unaffected area of an agricultural unit; or
if the appropriate authority have served a counter-notice objecting to the blight notice on the grounds mentioned in the said section 194(2)(c), so much of the affected area of the unit as is not specified in the counter-notice,
In relation to a blight notice served by virtue of section 79 above references to " the appropriate authority " and " the appropriate enactment" shall be construed as if the unaffected area of an agricultural unit were part of the affected area.
The provisions mentioned in section 200(2) of the Act of 1971 (operation of blight provisions where claimant dies after serving blight notice) shall include subsections (2) and (4) above.
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In section 192(6) of the Act of 1971 (definition of " blight notice ") there shall be added at the end the words " or section 78 of the Land Compensation Act 1973 ".
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In section 194(5) of the Act of 1971 (which requires a counter-notice to state the grounds of objection) after the words " section 201(6) of this Act" there shall be inserted the words " or section 78(3) or 80(1) of the Land Compensation Act 1973 ".
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In sections 192 to 207 of the Act of 1971 references to " these provisions " shall include references to this Part of this Act, and references to " the specified descriptions " shall include references to the descriptions contained in section 192(1)(a), (b), (d), (g) and (f) of that Act as extended by this Part of this Act and to the descriptions contained in sections 71, 72, 73, 74(2) and 76 above.
The Act of 1971 shall have effect as if this Part of this Act were included in the said sections 192 to 207.
Part I of this Act does not apply to any aerodrome in the occupation of a government department but, subject to that, references in that Part and in Part II of this act to public works and responsible authorities include references to any works or authority which, apart from any Crown exemption, would be public works or a responsible authority.
Parts III and IV of this Act apply in relation to the acquisition of interests in land (whether compulsorily or by agreement) by government departments being authorities possessing compulsory purchase powers, as they apply in relation to the acquisition of interests in land by such authorities who are not government departments.
There shall be paid out of moneys provided by Parliament—
any expenses incurred under this Act by any government department;
any increase attributable to this Act in the sums payable out of such moneys under any other Act.
Any communication required or authorised to be sent to a person under this Act may be sent to an email address or uploaded to a website at which the person has agreed in writing to receive communications for the purposes of the claim for compensation.
Any communication required or authorised under this Act to be sent to— may also be sent electronically by a method mentioned in subsection (3).
an acquiring authority, or
a responsible authority within the meaning of section 1,
The methods are—
sending the communication to an appropriate email address, or
uploading the communication to an appropriate website.
For the purposes of subsection (3)—
an email address or website is an appropriate one if the authority has—
provided the email address or details of the website to the sender for the purposes of communicating with them about the claim for compensation, 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 if the authority has previously used it for the purposes of communicating with the sender about the claim for compensation.
A communication 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 “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.
The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
In this Act—
" heritable security " means any security capable of being constituted over any interest in land by a disposition or assignation of that interest in security of any debt and of being recorded in the Register of Sasines;
“redevelopment” includes a change of use.
where paragraph (a) above applies, the acquiring authority;
where paragraph (b) above applies, the authority who made the housing order;
where paragraph (c) above applies, the authority carrying out the improvement or redevelopment; and
the carrying out of any improvement to the dwelling or of redevelopment on the land by a housing association which has previously acquired the land and at the date of the displacement is either a private registered provider of social housing or a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act);
where paragraph (d) above applies, the housing association carrying out the improvement or redevelopment.
the making of an order for possession on ground 10 or 10A in Part II of Schedule 2 to the Housing Act 1985;
the making of an order for possession of a dwelling subject to a tenancy which is a secure contract on ground A or ground B of the Estate Management Grounds in Part 1 of Schedule 8 to the Renting Homes (Wales) Act 2016 (anaw 1),
" landlord ", in relation to such a holding, has the same meaning as in the Agricultural Holdings (Scotland) Act 1949;
“agricultural unit” has the meaning given in section 171(1) of the Town and Country Planning Act 1990 ... ;
if and so far as the claim relates to depreciation that would not have been caused but for alterations to the carriageway of a highway, the highway authority who carried out the alterations or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of either of those Acts;
“housing association” has the same meaning as in the Housing Associations Act 1985 ... ;
“acquiring authority” and “authority possessing compulsory purchase powers” have the same meaning as in the Land Compensation Act 1961 ... ;
“agriculture”, “agricultural” and “agricultural land” have the meaning given in section 109 of the Agriculture Act 1947 ... , and references to the farming of land include references to the carrying on in relation to the land of any agricultural activities;
In this Act references to the council of a district are, until 1st April 1974, references to the council of a county district or county borough and, thereafter, to the council of a district within the meaning of the Local Government Act 1972; and references to a London borough and the council of a London borough include references to the City of London and the Common Council.
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Except where the context otherwise requires, references in this Act to any enactment are references to that enactment as amended, and include references to that enactment as extended or applied, by any other enactment, including this Act.
Her Majesty may by Order in Council—
extend this Act (other than Part V thereof), with such additions, exceptions and modifications as appear to Her Majesty to be expedient, to—
the provision, operation, management or use of public works in Northern Ireland under any enactment relating to a matter in respect of which the Parliament of Northern Ireland does not have power to make laws (in this section referred to as “a reserved enactment”); and
acquisitions of land in Northern Ireland by any department or body exercising powers of acquisition under a reserved enactment;
apply, with such additions, exceptions and modifications as appear to Her Majesty to be expedient, the provisions of Schedules 5 and 6 to the Roads Act (Northern Ireland) 1948 or Schedule 6 to the Local Government Act (Northern Ireland) 1972 to the acquisition, otherwise than by agreement, of land in Northern Ireland by any department or body exercising powers of acquisition under a reserved enactment.
An Order in Council under this section may include such provisions as appear to Her Majesty to be incidental to or consequential on any provision contained in such an Order by virtue of subsection (1) above.
An Order in Council under this section may be varied or revoked by a further Order in Council made thereunder.
This Act may be cited as the Land Compensation Act 1973.
Part I of this Act shall not come into force until the expiration of the period of one month beginning with the date on which this Act is passed.
Section 48 above does not affect any compensation which fell or falls to be assessed by reference to prices current on a date before the passing of this Act, and the other provisions of Part IV of this Act relating to the assessment of compensation do not affect any compensation which fell or falls to be assessed by reference to prices current on a date before 17th October 1972.
This Act, except section 88, does not extend to Northern Ireland and, except section 86 and Schedule 3, does not extend to Scotland.
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Section 60 above shall apply to a statutory small tenant subject to the following modifications—
for any reference to a croft, crofter or section 12 of the Crofters (Scotland) Act 1955 there shall be substituted respectively a reference to a holding, statutory small tenant or section 32(15) of the Small Landholders (Scotland) Act 1911 ;
in subsection (1), for the words from "crofter" in paragraph (a) to " so required " in paragraph (b) there shall be substituted the words " statutory small tenant and resumption of the holding is authorised by an order of the Scottish Land Court under section 32(15) of the Small Landholders (Scotland) Act 1911 ; and (b) the resumption is so authorised ";
in subsection (2), for the words "crofter required by such an order to surrender his croft " there shall be substituted the words " statutory small tenant, resumption of whose holding is authorised by such an order ";
in subsections (2) and (3), for the words " croft is required to be surrendered", wherever they occur, there shall be substituted the words " holding is authorised to be resumed ";
in subsection (2)(a), after the words " year, etc.) " there shall be inserted the words " and section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 " and for the words " the crofter had not been so required to surrender his croft" there shall be substituted the words " resumption of the holding had not been so authorised ";
for subsection (2)(b) there shall be substituted the following paragraph—;
in subsection (5), for the words "to surrender", wherever they occur, there shall be substituted the words " authorising resumption of ".
Section 83.
Section 86.