Metropolitan Police Act 1886

4 Purchase of land

(1) For the purpose of the purchase of land by the police receiver, the [8 & 9 Vict. c. 18.] Lands Clauses Consolidation Act, 1845, and the Acts amending the same, (in this section referred to as the Lands Clauses Acts), shall be incorporated with this Act, except the provisions relating to access to the special Act, and, except section one hundred and twenty-seven of the Lands Clauses Consolidation Act, 1845, relating to the sale of superfluous land, and in construing the Lands Clauses Acts for the purpose of this section, the special Act shall be construed to mean this Act, and the promoters of the undertaking shall be construed to mean the police receiver, and land shall be construed to include any right over land.

(2) The police receiver, before putting in force any of the powers of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement, shall—

(a) publish, once at the least during three consecutive weeks in the months of September, October and November, or any of them, in some one and the same newspaper circulating in the locality, an advertisement describing shortly the object for which the land is proposed to be taken, naming a place in the neighbourhood of the land proposed to be taken, where a plan of such land may be seen at all reasonable hours, and stating the quantity of such land, and shall further,

(b) during the month next following the month in which such advertisements are published, serve a notice in manner mentioned in this section on every owner or reputed owner, lessee, or reputed lessee, and occupier of such land, so far as such owners, lessees, and occupiers can be reasonably ascertained, defining in each case the land intended to be taken, and requiring an answer stating whether the person so served assents, dissents, or is neuter in respect of taking such land ; and

(c) where any person above-mentioned as required to be served is absent abroad or cannot be found, the notice may be served on his agent, or if no agent can be found, by leaving the same at the premises,

(d) Service of a notice on a person whether principal or agent may be made—

i. by delivery of the same personally to such person ; or

ii. by leaving the same at the usual or last known place of abode of such person, or by forwarding the same by post in a prepaid letter, addressed to the usual or last known place of abode of such person ; and

iii. one notice addressed to the occupier or occupiers of a house without naming him or them, and left at that house shall be deemed a notice served on that occupier, and on all the occupiers of that house,

iv. A notice required to be served on a number of persons having any right in common, in, over, or on land may be served on any three or more of such persons on behalf of all of such persons.

iv. Where a notice is served by post it shall be deemed to have been served at the time "when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the letter containing the same was properly addressed and put into the, post.

(3) Upon compliance as respects any land with the provisions contained in this section with, respect to advertisements and notices, the police receiver may, if he think fit, present a petition to the Secretary of State; the petition shall describe the said land, and state the purposes for which it is required, and the names of the owners and lessees, or reputed owners and lessees, and occupiers of land who have assented, dissented, or are neuter in respect of the taking of such land, or who have returned no answer to the notice, and shall pray for an order authorising the police receiver with reference to such land to put in force the powers of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement, and the petition shall be supported by such evidence as the Secretary of State may require.

(4) If, on consideration of the petition and proof of the publication of the proper advertisements and service of the proper notices, the Secretary of State thinks fit to proceed with the case, he may, if he thinks fit, appoint some person to inquire in the locality in which the land is situate respecting the propriety of making the order prayed for, and also direct such person to hold a. public inquiry, and if a public inquiry is held, the person holding the same shall have the same powers as an inspector of the Local Government Board has upon holding a local inquiry under the [38 & 39 Vict. c. 55.] Public Health Act, 1875.

(5) After such consideration and proof, and if there is an inquiry after receiving the report made upon such inquiry, the Secretary of State may make an order authorising the police receiver to put in force with reference to the land referred to in the petition, or such part thereof as is described" in such order, the powers of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement, or any of them, and that either absolutely or with such conditions and modifications as he may think fit, and it shall be the duty of the police receiver to serve a copy of any order so made in the manner and upon the persons in which and upon whom notices in respect of the land to which the order relates are required by this Act to be served,

(6) An order so made shall not be of any validity unless the same has been confirmed by Act of Parliament; and it shall be lawful for the Secretary of State, as soon as conveniently may be, to obtain such confirmation. If while the Bill confirming such order is pending in either House of Parliament a petition is presented. against the order, the Bill, so far as it relates to such order, may be referred to a Select Committee, and the petitioner shall be allowed to appear and oppose, as in the case of private Bills, and the Act confirming such order shall be deemed to be a public general Act of Parliament.

(7) An order made in pursuance of this section, when confirmed by Parliament with such modifications as seem fit to Parliament, shall have full effect.

(8) A Secretary of State, in case of refusing or modifying the order prayed for, may make such order as he thinks fit for the allowance of the reasonable costs, charges, and expenses which any person whose land was proposed to be taken has properly incurred in opposing the order.

(9) All costs, charges, and expenses incurred by the Secretary of State in relation to any order under this section shall, to such amount as the Treasury think proper to direct, and all costs, charges, and expenses of any person which are so allowed by the Secretary of State as aforesaid, shall be a charge upon the metropolitan police fund, and be paid to the Treasury or to such person respectively, by the police receiver, either in one payment or by annual instalments not exceeding five, and if by instalments together with interest after the yearly rate of four pounds in the hundred, to be computed from the date of any such direction of the Treasury, or allowance of such costs, charges, and expenses respectively upon so much of the principal sum due as may from time to time remain unpaid.

(10) Any land purchased in pursuance of any order under this section, confirmed by Act of Parliament, shall be purchased within three years after the passing of that Act.

(11) The provisions of this Act with respect to the purchase of land by the police receiver shall extend to the purchase of land of which such receiver is lessee or occupier in like manner as if another person were for the time being lessee or occupier of such land, save that the provisions with respect to the notices to, and the assent or dissent of, and the service of a copy of the order on, lessees and occupiers-shall not apply so far as respects the police receiver, and save that after an order under this section for purchasing such land is confirmed by Parliament, the police receiver may give notice to and purchase the estate, right, or interest of some one or more only of the parties interested in the land, but in that case he shall, if any other of such parties, by notice in writing, so requires him, purchase the estate, right, or interest in the land of such party.