Compulsory Purchase Act 1965

SCHEDULE 3 Alternative Procedure for obtaining Right of Entry

1 Before entering on any of the land the acquiring authority shall comply with the requirements of paragraphs 2 and 3 of this Schedule as respects each person interested in or entitled to sell and convey the land who has not given his consent to the entry (hereinafter referred to as " the owner ").

2 (1) The acquiring authority shall pay into court by way of security—

(a) the amount of compensation claimed by the owner, or

(b) a sum equal to the value of his interest as determined by a surveyor appointed in accordance with the following sub-paragraph.

(2) The surveyor shall be an able practical surveyor appointed by two justices of the peace acting together by an instrument in writing signed by them.

3 (1) The acquiring authority shall also give or tender to the owner a bond in a penal sum equal to the sum to be paid into court under paragraph 2 of this Schedule, conditioned for payment to the owner, or, as the case may be, for payment into court in accordance with this Act, of all the compensation which may be agreed or awarded, together with interest thereon at the rate prescribed under section 32 of the [1961 c. 33.] Land Compensation Act 1961 from the time of entry until the compensation is paid over, or paid into court, in accordance with this Act.

(2) The bond shall, where the acquiring authority are a corporation, be under their common seal or official seal.

(3) The bond shall be with two sufficient sureties, and, if the acquiring authority and the owner do not agree, the sureties shall be approved by two justices of the peace acting together.

4 (1) Money paid into court under paragraph 2 of this Schedule shall remain in court by way of security to him for the performance of the condition of the bond.

(2) If the money has been dealt with under section 6 of the [1965 c. 2.] Administration of Justice Act 1965, it shall be accumulated.

(3) When the condition of the bond is fully performed, the High Court may, on the application of the acquiring authority, order the money, or the proceeds of the securities in which it has been invested, together with the accumulation, to be paid to the acquiring authority.

(4) If the condition of the bond has not been fully performed, the High Court may order the money to be applied, in such manner as the court thinks fit, for the benefit of the person for whose security it was paid into court.

(5) Before Schedule 1 to the Administration of Justice Act 1965 comes into force sub-paragraph (2) of this paragraph shall not apply, but the money paid into court may, on the application of the acquiring authority, be ordered to be invested in accordance with rules of court and accumulated.