Town and Country Planning Act 1971

Existing compulsory purchase orders

43 (1) Sections 112 and 113 of this Act shall not apply, and (notwithstanding their repeal by the Act of 1968) sections 67 and 68 of the Act of 1962 shall continue to apply to any land the acquisition of which was, immediately before 1st April 1969, authorised by a compulsory purchase order made by a local authority or statutory undertakers or by a Minister, or was then proposed to be authorised by such an order which had not been confirmed by a Minister or, as the case may be, had been prepared in draft by a Minister, but with respect to which a notice had then been published in accordance with paragraph 3(1)(a) of Schedule 1 to the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946.

(2) The validity of a compulsory purchase order made under section 67, 68 or 69 of the Act of 1962 shall not be affected by the repeal by the Act of 1968 of the section under which the order was made ; and a compulsory purchase order made (but not confirmed), or made in draft, before the repeal of that section took effect may be confirmed or made thereunder as if the Act of 1968 had not been passed.

44 In relation to a compulsory purchase order confirmed under Part I of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946, or made under Part II of that Schedule, before 1st January 1966, section 132(4) of this Act shall have effect—

(a) with the substitution for the words " the Compulsory Purchase Act 1965 in relation to " of the words "the Lands Clauses Acts as incorporated (by virtue of paragraph 1 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) Act 1946) with " ; and

(b) with the substitution in paragraph (b) for the words " section 10 of the said Act of 1965 to the acquiring authority " of the words "section 68 of the Lands Clauses Consolidation Act 1845, to the promoters of the underaking".

45 The repeals effected by the Act of 1962 shall not affect the validity of any order authorising the compulsory acquisition of any land—

(a) under section 37(2) of the Act of 1947 (which enabled the Minister of Works or the Postmaster-General, during the period before a development plan had become operative with respect to any area, to be authorised in certain circumstances to acquire land compulsorily);

(b) under section 38(2) of that Act (which enabled certain local authorities, during any such period, to be authorised in certain circumstances to acquire land compulsorily); or

(c) under subsection (3) of section 38 of that Act in a case where the power conferred by that subsection was exercisable in lieu of the exercise of the power conferred by subsection (2) thereof,

or of any notice served or other thing done in pursuance of any such order.

46 Any compulsory purchase order made or confirmed under Part I of the Act of 1944 (whether before or after the appointed day) shall, if in force immediately before the commencement of this Act, continue in force and shall have effect as if it had been made under the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946 as applied by Part VI of this Act.