Acquisition of Land Act 1981

7 Interpretation. E+W

(1) In this Act, except where the context otherwise requires—

• “acquiring authority”, in relation to a compulsory purchase, means the Minister, local authority or other person who may be authorised to purchase the land compulsorily,

• “compulsory purchase order” means an order under section 2(1) above,

• “confirming authority”, in relation to a compulsory purchase, means, where the acquiring authority is not a Minister, the Minister having power to authorise the acquiring authority to purchase the land compulsorily,

• “land”—

(a) includes messuages, tenements and hereditaments, and

(b) in relation to compulsory purchase under any enactment, includes anything falling within any definition of the expression in that enactment,

• [F1 “local authority” means—

[F2 (a) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

(aa) F3 . . .a combined fire authority, as defined in section 144 of the M1 Local Government Finance Act 1988;]

(b) a levying body within the meaning of section 74 of that Act;

(c) a body as regards which section 75 of that Act applies;

(d) any joint board or joint committee if all the constituent authorities are such authorities as are described in paragraphs (a) to (c); and

(e) the Honourable Society of the Inner Temple or the Honourable Society of the Middle Temple,]

• “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the M2 National Trust Act 1907,

• “owner” in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement, the unexpired term whereof exceeds three years [F4 and a person who would have power to sell and convey or release the land to the acquiring authority if a compulsory purchase order were operative],

• “prescribed”: see subsection (2) below.

(2) Anything which, by Part II or III of this Act, or Schedule 1 or 3 of this Act, is required or authorised to be prescribed shall be prescribed by regulations made by the Secretary of State by statutory instrument.

Subordinate Legislation Made

P1 s. 7 power exercised by S.I. 1982/6, 1990/613

Textual Amendments

F1 Definition substituted by S.I. 1990/776, art. 8 Sch. 3 Pt. I para. 23

F2 S. 7(1): in definition of “local authority” paras. (a)(aa) substituted (2.11.1992) for para. (a) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 52; S.I. 1992/2454, art. 2

F3 Words in definition in s. 7(1) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F4 Words in s. 7 (definition of "owner") inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 9; S.I. 1991/2067, art. 3.

Marginal Citations

M1 1988 c. 41.

M2 1907 c. cxxxvi.