Land Compensation Act 1973

Part VI U.K. Supplementary Provisions

84 Application to Crown. E+W

(1) 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.

(2) 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.

85 Financial provisions. E+W

There shall be paid out of moneys provided by Parliament—

(a) any expenses incurred under this Act by any government department;

(b) any increase attributable to this Act in the sums payable out of such moneys under any other Act.

86 Repeals. E+W+S

The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Modifications etc. (not altering text)

C1 The text of Ss. 47(2), (3), 48(4), 86, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

87 General interpretation. E+W

(1) In this Act—

• “agriculture”, “agricultural” and “agricultural land” have the meaning given in section 109 of the M1 Agriculture Act 1947 F1 ... , and references to the farming of land include references to the carrying on in relation to the land of any agricultural activities;

• “agricultural holding” has the meaning given in section 1 of the [F2 Agricultural Holdings Act 1986] F1 ... and “landlord”, “tenant” and “notice to quit”, in relation to an agricultural holding, have the same meaning as in [F3 that Act];

• “agricultural unit” has the meaning given in [F4 section 171(1) of the Town and Country Planning Act 1990] F1 ... ;

• “acquiring authority” and “authority possessing compulsory purchase powers” have the same meaning as in the M2 Land Compensation Act 1961 F1 ... ;

• [F5 “ aerodrome ”has the same meaning as in the Civil Aviation Act 1982; ]

• F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “disabled person” means a person who is substantially and permanently handicapped by illness, injury or congenital infirmity, F1 ... ;

• “dwelling” means a building or part of a building occupied or (if not occupied) last occupied or intended to be occupied as a private dwelling F1 ... and F7 ... includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part;

• [F8 “housing association” has the same meaning as in the Housing Associations Act 1985 F9 ... ; ]

• [F10 “introductory standard contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 16 of that Act);]

• F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F10 “secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act);]

• “tenancy”, F1 ... otherwise than in relation to an agricultural holding, has the same meaning as in the M3 Landlord and Tenant Act 1954.

(2) 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 M4 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.

F12 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) 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.

Textual Amendments

F1 Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

F2 Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 56

F3 Words substituted by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II

F4 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(11)

F5 Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 12(3)

F6 Definitions repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II

F7 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)

F8 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)

F9 Words in s. 87(1) repealed (with savings) (1.10.1996) by S.I. 1996/2325, art. 4(1)-(3), Sch. 1 Pt. I

F10 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)

F11 Definitions repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

F12 s. 87(3) repealed by Highways Act 1980 (c. 66), Sch. 25

Marginal Citations

M1 1947 c. 48.

M2 1961 c. 33.

M3 1954 c. 56.

M4 1972 c. 70.

88 Northern Ireland. E+W+N.I.

(1) Her Majesty may by Order in Council—

(a) extend this Act (other than Part V thereof), with such additions, exceptions and modifications as appear to Her Majesty to be expedient, to—

(i) 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

(ii) acquisitions of land in Northern Ireland by any department or body exercising powers of acquisition under a reserved enactment;

(b) apply, with such additions, exceptions and modifications as appear to Her Majesty to be expedient, the provisions of Schedules 5 and 6 to the M5 Roads Act (Northern Ireland) 1948 or Schedule 6 to the M6 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.

(2) 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.

(3) An Order in Council under this section may be varied or revoked by a further Order in Council made thereunder.

Marginal Citations

M5 1948 c. 28 (N.I.)

M6 1972 c. 9 (N.I.)

89 Short title, commencement and extent. E+W

(1) This Act may be cited as the Land Compensation Act 1973.

(2) 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.

(3) 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.

(4) This Act, except section 88, does not extend to Northern Ireland [F13 and, except section 86 and Schedule 3, does not extend to Scotland].

Textual Amendments

F13 Words added by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II