Land Compensation Act 1961

1961 CHAPTER 33 9 and 10 Eliz 2

An Act to consolidate the Acquisition of Land (Assessment of Compensation) Act 1919, and certain other enactments relating to the assessment of compensation in respect of compulsory acquisitions of interests in land; to the withdrawal of notices to treat; and to the payment of additional compensation and of allowances in connection with such acquisitions or with certain sales by agreement of interests in land; with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949.

[22nd June 1961]

Modifications etc. (not altering text)

C1 Act applied (with modifications) (18.6.1992) by British Railways (No. 2) Act 1992 (c. xi), s. 35(3).

Act applied (with modifications)(29.1.1993) by 1993 c. i, s. 15(3)

Act applied (29.3.1993) by 1993 c. iv, s. 22(7)(with s. 22(6))

Act restricted (29.3.1993) by 1993 c. iv, s. 37(3)

Act applied (with modifications)(27.5.1993) by 1993 c. vii, s. 22(3)

Act applied (with modifications)(1.7.1993) by 1993 c. ix, s. 17(3)

Act applied (with modifications)(27.7.1993) by 1993 c. xv, s. 30(3)

Act modified (10.11.1993) by 1993 c. 28, s. 161(4), Sch. 19 paras.1,2; S.I. 1993/2762, art.3

Act applied (10.11.1993) by 1993 c. 28, ss. 169, Sch. 20 Pt. II para. 4(5); S.I. 1993/2762, art.3

Act applied (5.11.1993) by 1993 c. 42, s. 5, Sch. 4 para. 3(3)

Act applied (31.3.1994) by 1994 c. iv, Pt. II, s. 12(7) (with s. 28)

Act excluded (31.3.1994) by 1994 c. iv, Pt. III, s. 23(3) (with s. 28)

Act excluded (5.7.1994) by 1994 c. ix, s. 16(3) (with s. 20)

Act applied (21.7.1994) by 1994 c. xi, s. 33(3) (with s. 39)

Act applied (21.7.1994) by 1994 c. xv, s. 31(3) (with s. 47)

Act applied (21.7.1994) by 1994 c. xv, s. 61(3) (with s. 47)

Act applied (28.7.1998) by 1998 c. iv, s. 8(2)

Act applied (with modifications) (28.7.1998) by 1998 c. iv, s. 10(3)

Act applied (1.10.1998) by 1975 c. 70, Sch. 4 Pt. III, para. 5(5) (as inserted by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 39(2), 143(2)); S.I. 1998/2244, art. 4)

Act applied (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 1(5); S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c)

Act applied (22.3.2001) by 2001 c. ii, s. 7(2)

Act modified (30.4.2002) by S.I. 2002/1064, art. 17(3)

Act applied (with modifications) (30.4.2002) by S.I. 2002/1065, art. 17(3)

Act: Transfer of functions (1.7.1999) (W.) by S.I. 1999/672, art. 2(a), Sch. 1 (with art. 2 paras. (b)-(f))

C2 Act applied (16.3.1992) by Midland Metro (No. 2) Act 1992 (c. viii), s. 14(6).

C3 Act applied (with modifications) (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 27(2).

C4 Act applied (with modifications) (16.3.1992) by London Underground Act 1992 (c. iii), s. 25(3).

C5 Act applied (with modifications) (13.2.1992) by British Railways Act 1992 (c. i), s. 28(3).

C6 Act applied with modifications by Water Resources Act 1963 (c. 38), s. 67(2), Sch. 8 paras. 12—14, Land Commission Act 1967 (c. 1), s. 10(1), Sch. 3 and Development of Rural Wales Act 1976 (c. 75), s. 5(1), Sch. 3 para. 30(1); modified by Local Government, Planning and Land Act 1980 (c. 65), s. 141, Sch. 27 paras. 9, 10; extended by Land Compensation Act 1973 (c. 26), s. 72(5)

C7 Act modified by New Towns Act 1981 (c. 64, SIF 123:3), ss. 14(2), 16(5), Sch. 6 Pt. II, by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 66:1), s. 7(1)(a) and by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 4

C8 Act modified by Housing Act 1988 (c. 50, SIF 61), s. 76(5)(6), Sch. 9 Pt. II para. 6, British Railways Act 1989 (c. iii), s. 26(3) and Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 28, 54, Sch. 2 Pt. I para. 1(2), Pt. II para. 1(2), Pt. III para. 2

C9 Act applied (with modifications) by Housing Act 1985 (c. 68, SIF 61), s. 578 and Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 165(3)

C10 Act applied by Housing Act 1985 (c. 68, SIF 61), ss. 295(3), 307, Housing Act 1988 (c. 50, SIF 61), s. 78(2), Sch. 10 Pt. II para. 4(5), Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 236(5) and Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 51(5)

C11 Act amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 4, Sch. 1 Pt. I paras. 15(1), 18(2), Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 49, 54(1), and amended (prosp.) by ss. 27, 28 of that Act

C12 Act excluded by British Railways (London) Act 1988 (c. xi), s. 19(3) and Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 50(4)

C13 Act excluded by Heathrow Express Railway Act 1991 (c. vii), s. 33(3)

C14 Act modified by London Underground (Victoria) Act 1991 (c. x), s. 15(3)

C15 Act modified (25.11.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 44(9) (with s. 84(5)); S.I. 1991/2728, art. 2

C16 Act modified (28.11.1991) by London Underground (Safety Measures) Act 1991 (c. xviii), s. 20(3).

C17 Act modified (19.12.1991) by London Docklands Railway Act 1991 (c. xxiii), s. 10(3)

Act modified (1.4.1996) by 1990 c. 8, Sch. 2 Pt. 1A (as inserted by 1994 c. 19, s. 20(3), Sch. 5 Pt. II, para. 8 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2)

Act modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III, para. 17(2)(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Act modified (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 19(6)-(8), Sch. 4 paras. 1-5; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c)

C18 Act modified (28.9.2004 for E., 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 38 (with s. 111); S.I. 2004/2202, art. 2(c); S.I. 2005/2847, art. 2(a) (with art. 3(1)(2))

C19 Act modified (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), art. 30 (with art. 36(3))

C20 Act applied (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 2 para. 7(2); S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

C21 Act modified (29.12.2008) by Network Rail (Thameslink) (Land Acquisition) Order 2008 (S.I. 2008/3163), art. 10(3) (with art. 10(1)(2))

C22 Act modified (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), art. 39 (with Sch. 13 para. 14(2), Sch. 14 para. 19)

C23 Act modified (18.9.2009) by London Underground (Victoria Station Upgrade) Order 2009 (S.I. 2009/2364), art. 27

C24 Act modified (28.10.2009) by Network Rail (Reading) (Land Acquisition) Order 2009 (S.I. 2009/2728), art. 14(3)

C25 Act modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 22

C26 Act modified (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), art. 31 (with art. 51, Sch. 10 paras. 68, 85)

C27 Act modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), art. 27

C28 Act applied (with modifications) by 1990 c. 8, s. 165ZA(3) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 33)

C29 Act modified (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), art. 30(4) (with arts. 46-48, Sch. 8 para. 18)

C30 Act modified (12.8.2012) by The Hinkley Point (Temporary Jetty) (Land Acquisition) Order 2012 (S.I. 2012/1924), art. 8

C31 Act modified (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), art. 33 (with art. 42(2))

C32 Act modified (28.3.2013) by The Network Rail (Seaham Level Crossing) Order 2013 (S.I. 2013/533), art. 10

C33 Act applied (with modifications) (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 15, 18 (with art. 30)

C34 Act modified (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I. 2013/1933), art. 30(3)

C35 Act modified (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), art. 35(3) (with arts. 42, 43)

C36 Act modified (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), art. 31 (with arts. 57, 58, Sch. 11 para. 19)

C37 Act modified (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), art. 15

C38 Act modified (29.7.2014) by The Felixstowe Branch Line (Land Acquisition) Order 2014 (S.I. 2014/1821), art. 11(3)

C39 Act applied (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), art. 24(3) (with art. 31(2))

Act modified (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 38(3)

C40 Act applied (with modifications) (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), art. 33(3) (with Sch. 8 para. 45)

C41 Act modified (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), art. 30(3) (with art. 36(2))

C42 Act modified (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), art. 14(3)

C43 Act modified (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), art. 26(3) (with art. 44)

C44 Act modified (30.9.2015) by The Network Rail (Blackthorn and Piddington) (Land Acquisition) Order 2015 (S.I. 2015/1684), art. 9(3)

C45 Act applied (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), art. 21(3)

C46 Act modified (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), art. 28(3)

C47 Act applied (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), art. 38(4) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))

C48 Act applied (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), art. 36(3) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))

C49 Act modified (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), art. 30(3) (with art. 43)

C50 Act applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), art. 16(3)

C51 Act applied (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), art. 38(4) (with arts. 43, 44)

C52 Act modified (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), art. 36(3) (with arts. 43, 44)

C53 Act applied (with modifications) by 1981 c. 66, s. 7(1) (as substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 18 para. 3; S.I. 2017/75, reg. 3(k) (with reg. 5))

C54 Act modified (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), Sch. 7 para. 3

C55 Act applied (with modifications) (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), art. 31 (with Sch. 8 para. 20)

C56 Act applied (with modifications) (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), Sch. 3 para. 3 (with Sch. 8 para. 20)

C57 Act modified (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), art. 26(3) (with art. 32(2))

C58 Act applied (with modifications) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), Sch. 7 paras. 1, 2 (with art. 32(2))

Commencement Information

I1 Act wholly in force at 1.8.1961 see s. 42(2)

Part I E+W Determination of Questions of Disputed Compensation

Modifications etc. (not altering text)

C59 Pt. 1 (ss. 1-4) applied (with modifications) by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 13(3), Sch. 3 paras. 4, 5; applied by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 35, Sch. 2 paras. 4(3), 7(3), 13(9), 14(8), 16(8), Sch. 4 para 4(5), Sch. 5 Pt. 1II para. 6(2); applied by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 2(5), 3, Sch. 2 Pt. 1I para. 5(2), Sch. 3 paras 1(9), 2(5); applied (13.2.1992) by Severn Bridges Act 1992 (c. 3), ss. 2(6), 3, Sch. 2 Pt. 1I para. 4(2), Pt. 1II para. 7(7)(8), Sch. 3 para. 1(6).

Pt. 1 (ss. 1-4) applied (21.7.1994) by 1994 c. xi, ss. 19(3), 20(4), 23(7), 29(3), 34(6), 41(3) (with s. 39)

Pt. 1 (ss. 1-4) applied (21.7.1994) by 1994 c. xv, ss. 10(2)(b), 22(g), 27(3), 34(7), 61(2)(3) (with s. 47)

Pt. 1 (ss. 1-4) applied (11.11.1996) by S.I. 1996/2714, arts. 10(4), 18(6), 21(5), 28(3), 29(6), 32(4), 40(4)

Pt. 1 (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 2, Sch. 2 para. 8(2)(3)

Pt. 1 (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 2, Sch. 2 para. 10(8)

Pt. 1 (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 3(3)

Pt. 1 (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 6, Sch. 5 para. 1(5)(6)

Pt. 1 (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 6, Sch. 5 para. 4(7)(8)

Pt. 1 (ss. 1-4) applied (18.12.1996) by 1996 c.61, s. 6, Sch. 5 para. 5(3)

Pt. 1 (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 7(4)(5)

Pt. 1 (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 44, Sch. 12 Pt. 1I, para. 3(6)

Pt. 1 (ss. 1-4) applied (10.2.1997) by S.I. 1997/264, arts. 7(4), 14(10), 15(5), 16(6), 20(3), 24(3)

Pt. 1 (ss. 1-4) applied (21.5.1997) by S.I. 1997/1266, arts. 11(5), 19(6), 21(5), 30(6), 33(4) (with art. 41)

Pt. 1 (ss. 1-4) applied (27.8.1998) by S.I. 1998/1936, art. 11(6), 19(6), 21(1), 32(6), 33(7), 36(4) (with art. 45)

Pt. 1 (ss. 1-4) applied (13.1.1999) by S.I. 1998/3269, art. 9(5), 16(7), 18(4), 27(3)

Pt. 1 (ss. 1-4) applied (19.2.1999) by S.I. 1999/537, art. 10(6)

Pt. 1 (ss. 1-4) applied (30.4.1999) by S.I. 1999/1306, arts. 1, 12(5), 14(6), 15(7), 21(3)

Pt. 1 (ss. 1-4) applied (18.5.1999) by S.I. 1999/1664, arts. 8(4), 9(6), 10(7) (with art. 18)

Pt. 1 (ss. 1-4) applied (20.8.1999) by S.I. 1999/2336, arts. 8(3), 9(7), 17(6), 20(3)

Pt. 1 (ss. 1-4) applied (23.8.1999) by S.I. 1999/2981, arts. 6(5), 13(10), 14(5), 20(6), 21(7), 24(3), 25(2), 27

Pt. 1 (ss. 1-4) applied (3.6.1999) by S.I. 1999/1555, art. 7(2)

Pt. 1 (ss. 1-4) applied (24.12.1999) by S.I. 2000/428, art. 8(4)

Pt. 1 (ss. 1-4) applied (29.3.2001) by S.I. 2001/1347, arts. 11(6), 19(10), 21(5), 27(3), 28(6), 29(7), 32(3) (with arts. 15, 37, 38(2))

Pt. 1 (ss. 1-4) applied (2.3.2001) by S.I. 2001/1368, arts. 10(3), 13(4)

Pt. 1 (ss. 1-4) applied (2.3.2001) by S.I. 2001/1369, arts. 8(3), 11(4)

Pt. 1 (ss. 1-4) applied (18.7.2001) by S.I. 2001/2870, art. 10(7)

Pt. 1 (ss. 1-4) applied (24.7.2001) by S.I. 2001/3627, arts. 11(6), 27(6), 29(10), 32(5)(6), 40(3), 41(6), 42(7)(8), 45(4), 55(3)(4)

Pt. 1 (ss. 1-4) applied (9.11.2001) by S.I. 2001/3682, arts. 7(4)(5), 15(10), 16(5), 22(3), 26(3)(4) (with Sch. 12 para. 2)

Pt. 1 (ss. 1-4) applied (30.4.2002) by S.I. 2002/1065, arts. 7(11), 8(4), 14(6), 15(7), 19(3)

Pt. 1 (ss. 1-4) applied (12.8.2002) by S.I. 2002/1943, arts. 8(4), 9(7) (with art.9(8)(9))

Pt. 1 (ss. 1-4) applied (31.5.2002) by S.I. 2002/1327, arts. 10(2)(subjet to Sch. 2, para. 5), 15(5), 26(4)

Pt. 1 (ss. 1-4) applied (14.3.2002) by S.I. 2002/412, arts. 13(5), 19(3), 22(2), 28(3), (with saving in art. 38)

Pt. 1 (ss. 1-4) applied (31.12.2002) by S.I. 2002/3127, art. 7(3) (with arts. 16, 17)

C60 Pt. 1 (ss. 1-4) applied (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 7(4), 9(2), 13(8), 30(6) (with art. 40)

C61 Pt. 1 (ss. 1-4) applied (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 7(4), 8(5), 9(5), 11(2), 12(8), 20(10), 21(5), 27(3), 28(7), 31(3) (with art. 38)

C62 Pt. 1 (ss. 1-4) applied (2.4.2004) by Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 1, 10(6), 19(10), 21(5), 29(3), 30(8) (with arts. 30(9), 31(7), 32(5), 35(4)(5), Sch. 12 para. 2)

C63 Pt. 1 (ss. 1-4) applied (19.11.2004) by Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), arts. 1, 6(6), 7(5), 21(5)(6) (with art. 38)

C64 Pt. 1 (ss. 1-4) applied (28.1.2005) by East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), arts. 1, 9(3)

C65 Pt. 1 (ss. 1-4) applied (11.2.2005) by Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 11(6), 19(8), 22(10), 25(5), 35(3), 36(6), 37(7), 40(4), 71(8) (with arts. 65, 66)

C66 Pt. 1 (ss. 1-4) applied (22.3.2005) by Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), arts. 12, 13(6), 21(6), 23(6), 24(10), 26(5), 28(3), 33(3)(4), 34(6), 35(7), 36(8), 39(3), Sch. 10 para. 2 (with arts. 23(7), 24(9)(11), 34(7), 35(8), 39(4)(8), 51)

C67 Pt. 1 (ss. 1-4) applied (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 9(5), 10(6), 12(8), 18(2)

C68 Pt. 1 (ss. 1-4) applied (22.7.2005) by Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 12(2), 20(6), 21(10), 23(5), 29(3), 30(6), 31(7), 32(7), 35(3) (with arts. 21(11), 29(4), 30(7), 31(8), 35(4), 35(8), 47)

C69 Pt. 1 (ss. 1-4) applied (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), arts. 1, 41(4)

C70 Pt. 1 (ss. 1-4) applied (26.8.2005) by River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 14(10), 16(5), 27(6), 28(7), 31(4), 32(3) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

C71 Pt. 1 (ss. 1-4) applied (8.10.2005) by Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005 (S.I. 2005/2786), arts. 1, 15(4)(5), 19(6)(7), 22

C72 Pt. 1 (ss. 1-4) applied (25.11.2005) by Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 12(7), 20(10), 22(5), 29, 30(6), 31(7), 34(4), 38(4) (with arts. 3(5), 15(3))

C73 Pt. 1 (ss. 1-4) applied (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 10(4), 19(5), 27(3), 28(6), 29(7), 32(4), 43(3) (with arts. 19(6), 28(7), 52)

C74 Pt. 1 (ss. 1-4) applied (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 9(4)

C75 Pt. 1 (ss. 1-4) applied (14.9.2006) by The Borough of Poole (Poole Harbour Opening Bridges) Order 2006 (S.I. 2006/2310), arts. 1, 5(6), 8(4), 15(10), 16(5), 23(6), 24(7), 27, 28(2) (with arts. 23(7), 24(8), 28(3), 40, Sch. 7 para. 12)

C76 Pt. 1 (ss. 1-4) applied (22.11.2006) by Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 1, 10(6), 11(6), 16(10), 18(5), 26(3), 27(6), 28(7), 31(4), 34(4) (with arts. 27(7), 28(8), 31(5), 43)

C77 Pt. 1 (ss. 1-4) applied (13.12.2006) by Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 9(6), 10(7), 16(10), 17(5), 23(3), 24(6), 27(3), 33(3)

C78 Pt. 1 (ss. 1-4) applied (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 15(8), 16(8), 22(10), 23(5), 28(3), 29(6), 32(3) (with arts. 34, 35(2))

C79 Pt. 1 (ss. 1-4) applied (19.3.2007) by Ouseburn Barrage Order 2007 (S.I. 2007/608), arts. 1, 6(3)(4), 7(4)(5), 28(7), 31(4) (with arts. 46-48, Sch. 5 para. 2, Sch. 6 para. 23)

C80 Pt. 1 (ss. 1-4) applied (23.8.2007) by Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), arts. 1, 9(6), 10(6), 14(5), 16(10), 18(5), 25(3), 26(6), 27(7), 30(4), 32(4) (with arts. 3(6), 12(3))

C81 Pt. 1 (ss. 1-4) applied (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 12(3) (with arts. 19, 28, Sch. 3 para. 13(2))

C82 Pt. 1 (ss. 1-4) applied (17.12.2007) by Felixstowe Dock and Railway Company (Land Acquisition) Order 2007 (S.I. 2007/3345), arts. 1(1), 7(2)

C83 Pt. 1 (ss. 1-4) applied (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 22(5), 32(2) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

C84 Pt. 1 (ss. 1-4) applied (21.5.2008) by Teesport (Land Acquisition) Order 2008 (S.I. 2008/1238), arts. 1(1), 6(6), 8(4)

C85 Pt. 1 (ss. 1-4) applied (22.7.2008) by Crossrail Act 2008 (c. 18), s. 8(8), Sch. 2 paras. 7(2), 9(8), 10(6), Sch. 3 para. 3(3), Sch. 5 paras. 1(5), 3(3), 4(7), 5(4)

C86 Pt. 1 (ss. 1-4) applied (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 8(6), 10(6), 17(6), 18(3), 20(10), 21(5), 26, 27(6), 28(7), 32(4), 35(3) (with arts. 21(6), 32(5), 36(3))

C87 Pt. 1 (ss. 1-4) applied (29.12.2008) by Network Rail (Thameslink) (Land Acquisition) Order 2008 (S.I. 2008/3163), arts. 1, 12(3)

C88 Pt. 1 (ss. 1-4) applied (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 11(6), 12(6), 20(5), 22(10), 25(5), 35(3)(5), 36(6), 37(7), 41(4), 51(3), 76(8) (with arts. 25(6), 37(8), 41(5), 45(2), 51(3), Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)

C89 Pt. 1 (ss. 1-4) applied (18.9.2009) by London Underground (Victoria Station Upgrade) Order 2009 (S.I. 2009/2364), arts. 1, 8(3), 9(8), 14(10), 16(5), 23(3), 24(6), 25(7), 29(4), 35(7)

C90 Pt. 1 (ss. 1-4) applied (28.10.2009) by Network Rail (Reading) (Land Acquisition) Order 2009 (S.I. 2009/2728), arts. 1, 9(3), 10(6), 11(3), 12(7), 16(4)

C91 Pt. 1 (ss. 1-4) applied (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 20(7), 24(3), 27(3)

C92 Pt. 1 (ss. 1-4) applied (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), arts. 1(1), 8(5), 12(3)

C93 Pt. 1 (ss. 1-4) applied (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 8(6), 9(6), 15(10), 16(5), 17(4), 25(3), 28(6), 29(7), 33(4), 48(3) (with art. 51, Sch. 10 paras. 68, 85)

C94 Pt. 1 (ss. 1-4) applied (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 9(4), 10(6), 15(5), 23(3), 24(7), 25(7), 29(4), 32(3)

C95 Pt. 1 (ss. 1-4) applied (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), arts. 1, 6(8), 7(5), 27(6), 28(7), 32(4) (with arts. 46-48, Sch. 8 para. 18)

C96 Pt. 1 (ss. 1-4) applied (12.8.2012) by The Hinkley Point (Temporary Jetty) (Land Acquisition) Order 2012 (S.I. 2012/1924), arts. 1, 9(3)

C97 Pt. 1 (ss. 1-4) applied (16.8.2012) by The Hinkley Point Harbour Empowerment Order 2012 (S.I. 2012/1914), arts. 1(1), 19(5), 20(3) (with arts. 34, 35, 37, 40)

C98 Pt. 1 (ss. 1-4) applied (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 11(7), 13(10), 15(5), 19(5), 23(6)(7), 27(3) (with arts. 23(7), 26(2))

C99 Pt. 1 (ss. 1-4) applied (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 13(4), 15(6), 19(4), 21(5), 25(5), 29(4)(5), 30(6), 36(3) (with art. 35(2))

C100 Pt. 1 (ss. 1-4) applied (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 9(6), 10(6), 15(4), 17(3), 20(10), 21(5), 28(3), 29(6), 30(7), 35(4), 40(3) (with art. 42(2))

C101 Pt. 1 (ss. 1-4) applied (28.3.2013) by The Network Rail (Seaham Level Crossing) Order 2013 (S.I. 2013/533), arts. 1, 3(4), 8(6), 12(3)

C102 Pt. 1 (ss. 1-4) applied (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 15(8), 17(5), 22(10), 23(5), 28(4), 32(4), 33(6), 34(7), 41(3), 42(4) (with arts. 28(5), 33(7)(11), 34(8), 48, 68, 79)

C103 Pt. 1 (ss. 1-4) applied (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 15(5), 19(5), 22(4), 23(7), 24(7) (with arts. 11, 12)

C104 Pt. 1 (ss. 1-4) applied (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 1, 12(5), 13(3), 16(4), 17(3) (with arts. 17(4), 30)

C105 Pt. 1 (ss. 1-4) applied (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I. 2013/1933), arts. 1, 8(3), 9(5), 14(10), 15(5), 16(4), 26(3), 27(7), 28(7), 32(4), 35(3)

C106 Pt. 1 (ss. 1-4) applied (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), arts. 1, 13(6), 19(7), 21(10), 23(5), 31(3), 32(6), 33(7), 37(4) (with arts. 31(5), 32(7), 33(8), 38(2), 42, 43)

C107 Pt. 1 (ss. 1-4) applied (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 17(5), 25(6), 30(3), 31(4)

C108 Pt. 1 (ss. 1-4) applied (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 14(5), 18(5), 24(7), 28(3) (with arts. 24(8), 27(2), 39, Sch. 10 para. 4)

C109 Pt. 1 (ss. 1-4) applied (with modifications) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 23(6) (with arts. 16(2), 23(7), 27(2), 39, Sch. 10 para. 4)

C110 Pt. 1 (ss. 1-4) applied (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), arts. 1, 10(7), 11(6), 16(5), 18(10), 20(5), 27(3), 28(7), 29(7), 33(4), 41(3) (with arts. 57, 58, Sch. 9 para. 2, Sch. 11 para. 19)

C111 Pt. 1 (ss. 1-4) applied (9.1.2014) by The National Grid (King’s Lynn B Power Station Connection) Order 2013 (S.I. 2013/3200), arts. 1, 16(10), 17(5), 18(4), 24(4), 25(7), 26(7), 30(3) (with arts. 16(9), 20(2), 24(5), 25(8), 26(8))

C112 Pt. 1 (ss. 1-4) applied (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 7(10), 13(6)

C113 Pt. 1 (ss. 1-4) applied (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 11(4), 13(5), 17(4), 19(5), 23(5), 27(5)(6), 28(6), 29(6), 30(7), 35(3) (with art. 34(2))

C114 Pt. 1 (ss. 1-4) applied (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), arts. 1, 12(4), 14(6), 18(10), 19(5), 20(7)(b), 26(5), 30(4), 31(6), 32(7), 37(3) (with art. 35)

C115 Pt. 1 (ss. 1-4) applied (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), arts. 1, 10(5), 18(4), 22(4), 23(6), 24(7), 32(3) (with arts. 23(7), 37, 38, Sch. 9 para. 19)

C116 Pt. 1 (ss. 1-4) applied (24.7.2014) by The Daventry International Rail Freight Interchange Alteration Order 2014 (S.I. 2014/1796), arts. 1, 18(5), 22(4), 26(3) (with arts. 22(5), 24(2), 26(4)(5), Sch. 6 para. 3)

C117 Pt. 1 (ss. 1-4) applied (29.7.2014) by The Felixstowe Branch Line (Land Acquisition) Order 2014 (S.I. 2014/1821), arts. 1, 7(3), 8(6), 9(7)

C118 Pt. 1 (ss. 1-4) applied (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 16(4), 21(6), 26(4), 30(4), 31(6), 32(7), 37(3), 38(4) (with arts. 7(6), 12, 13, 26(5), 30(5), 31(7), 32(8), Sch. 12 Pt. 1 para. 19, Pt. 2 para. 6, Pt. 3 para. 5, Pt. 4 para. 4, Pt. 5 para. 4)

C119 Pt. 1 (ss. 1-4) applied (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 8(2), 14(10), 21(6), 22(7), 26(5), 30(3) (with arts. 21(7), 22(8), 26(6), 31(2))

C120 Pt. 1 (ss. 1-4) applied (18.9.2014) by The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 (S.I. 2014/2269), arts. 1, 11(6), 12(5), 16(10), 17(5), 21(5), 25(4), 26(6), 30(3) (with arts. 21(6), 28)

Pt. 1 appled (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 13(5), 15(5), 20(10), 21(10), 22(7), 25(3), 26(4), 27(7), 28(3), 29(4), 35(7), 36(7)

C121 Pt. 1 (ss. 1-4) applied (2.10.2014) by The North Killingholme (Generating Station) Order 2014 (S.I. 2014/2434), arts. 1, 10(6), 15(5), 16(3), 18(4), 20(4), 24(4), 25(6), 26(7), 31(3), 32(10) (with arts. 5, 6, 13, 16(4), 32(9), Sch. 8 Pt. 1 para. 6, Pt. 3 paras. 4(3), 6, 17, Pt. 5 para. 9)

C122 Pt. 1 (ss. 1-4) excluded (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 28(3) (with art. 33)

C123 Pt. 1 (ss. 1-4) applied (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 11(3), 14(5), 19(5), 24(3) (with art. 33)

C124 Pt. 1 (ss. 1-4) applied (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 15(5), 16(3), 18(4), 20(4), 23(4), 24(6), 25(7), 32(3) (with art. 28(8))

C125 Pt. 1 (ss. 1-4) applied (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), arts. 1, 12(6), 13(6), 17(10), 18(6), 22(5), 26(4), 27(6), 28(7), 33(3)

C126 Pt. 1 (ss. 1-4) applied (23.10.2014) by The South Hook Combined Heat and Power Plant Order 2014 (S.I. 2014/2846), arts. 1, 11(5)

C127 Pt. 1 (ss. 1-4) applied (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), arts. 1, 10(6), 13(3), 18(10), 20(5), 21(3), 29(3), 30(8), 31(8), 35(4) (with arts. 18(9), 29(5), 30(9), 31(9), 35(5), Sch. 8 para. 45)

C128 Pt. 1 (ss. 1-4) applied (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I. 2014/3331), arts. 1, 8(6), 13(5), 16(6), 18(4), 22(4)(5), 23(7), 24(7), 27(5), 28(4) (with arts. 37, 38)

C129 Pt. 1 (ss. 1-4) applied (2.2.2015) by The Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015 (S.I. 2015/23), arts. 1, 10(6), 19(5), 23(8), 24(5), 29(6), 30(7), 34(3) (with arts. 10(7), 24(6))

C130 Pt. 1 (ss. 1-4) applied (with modifications) (2.2.2015) by The Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015 (S.I. 2015/23), arts. 1, 28(4)

C131 Pt. 1 (ss. 1-4) applied (25.2.2015) by The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015 (S.I. 2015/129), arts. 1, 12(6), 13(5), 17(10), 18(5), 23(5), 27(4)(5), 28(6), 29(7), 33(3) (with art. 31)

C132 Pt. 1 (ss. 1-4) applied (26.2.2015) by The Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015 (S.I. 2015/147), arts. 1, 12(6), 13(5), 17(10), 18(5), 21(4), 22(5), 27(4), 28(6), 29(7), 35(3) (with arts. 17(9), 22(6), 27(5), 28(7), 29(8))

C133 Pt. 1 (ss. 1-4) applied (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 14(5), 18(10), 19(6), 21(4), 24(6), 25(4), 28(4)(b), 29(6), 30(7), 36(4), 38(3) (with arts. 8(5), 18(9), 25(5), 28(5), 29(7), 30(8), 40, 41, Sch. 12 Pt. 1 paras. 4, 9(2), 10, Pt. 2 paras. 4(2)(3), 19, Pt. 3 para. 3, Pt. 4 paras. 3, 4, 16)

C134 Pt. 1 (ss. 1-4) applied (1.4.2015) by The Knottingley Power Plant Order 2015 (S.I. 2015/680), arts. 1, 11(4), 16(5), 21(8), 22(4), 26(4), 27(6), 28(7), 34(3) (with arts. 7(6), 22(5)(7), 27(7), 28(8), 31, Sch. 8 para. 10)

C135 Pt. 1 (ss. 1-4) applied (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), arts. 1, 6(3), 7(5), 21(3)

C136 Pt. 1 (ss. 1-4) applied (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 11(4), 12(6), 18(10), 19(5), 20(3), 26(4)(5), 27(6), 28(7), 32(5), 35(3) (with art. 36(2))

C137 Pt. 1 (ss. 1-4) applied (9.6.2015) by The White Moss Landfill Order 2015 (S.I. 2015/1317), arts. 1, 10(5), 11(3), 16(3) (with arts. 5, 16(4)(5))

C138 Pt. 1 (ss. 1-4) excluded (9.6.2015) by The White Moss Landfill Order 2015 (S.I. 2015/1317), arts. 1, 15(2) (with art. 5)

C139 Pt. 1 (ss. 1-4) applied (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), arts. 1, 12(6), 14(6), 18(10), 19(5), 24(5), 28(4)(5), 29(6), 30(7), 35(3), 36(5) (with art. 24(6))

C140 Pt. 1 (ss. 1-4) modified (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 41(3) (with arts. 51, 53)

C141 Pt. 1 (ss. 1-4) applied (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 10(5), 14(10), 15(5), 24(3), 25(5), 26(4), 28(4), 32(4)(5), 33(6), 34(7), 36(2), (with arts. 51, 53)

C142 Pt. 1 (ss. 1-4) modified (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), arts. 1, 23(6) (with arts. 23(7), 44)

C143 Pt. 1 (ss. 1-4) applied (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), arts. 1, 16(10), 17(5), 18(3), 19(4), 24(7), 32(4), 33(4), 37(3) (with arts. 20, 23, 32(5), 33(5), 44)

C144 Pt. 1 (ss. 1-4) modified (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 27(7) (with arts. 27(8), 30)

C145 Pt. 1 (ss. 1-4) modified (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 27(6), 28(7), 32(3) (with art. 27(5))

C146 Pt. 1 (ss. 1-4) applied (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 16(5), , 22(5), 26(4), (with arts. 22(6), 26(5))

C147 Pt. 1 (ss. 1-4) applied (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 15(5), 21(5), 25(4), 26(6), 31(3) (with arts. 21(6), 25(5), 26(11), 30)

C148 Pt. 1 (ss. 1-4) applied (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 15(5), 19(10), 20(6), 25(6), 28(4), 29(6), 30(7), 36(4), 38(3) (with arts. 8, 20(7), 24(2), 28(5), 29(7), 30(8), 35, 40, 41, Sch. 12 para. 2)

C149 Pt. 1 applied (30.9.2015) by The Network Rail (Blackthorn and Piddington) (Land Acquisition) Order 2015 (S.I. 2015/1684), arts. 1, 7(6)

C150 Pt. 1 applied (30.9.2015) by The Network Rail (Blackthorn and Piddington) (Land Acquisition) Order 2015 (S.I. 2015/1684), arts. 1, 11(5)

C151 Pt. 1 applied (19.11.2015) by The Ferrybridge Multifuel 2 Power Station Order 2015 (S.I. 2015/1832), arts. 1(2), 15(5)(6)

C152 Pt. 1 applied (19.11.2015) by The Ferrybridge Multifuel 2 Power Station Order 2015 (S.I. 2015/1832), arts. 1(2), 14(4)

C153 Pt. 1 applied (19.11.2015) by The Ferrybridge Multifuel 2 Power Station Order 2015 (S.I. 2015/1832), arts. 1(2), 13(7)

C154 Pt. 1 applied (with modifications) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 18(6) (with art. 24(2))

C155 Pt. 1 applied (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 23(5) (with art. 23(6))

C156 Pt. 1 applied (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 26(3)

C157 Pt. 1 applied (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 19(7)

C158 Pt. 1 applied (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 10(5)

C159 Pt. 1 applied (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 9(10)

C160 Pt. 1 applied (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 30(4)

C161 Pt. 1 applied (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 18(10)

C162 Pt. 1 applied (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 26(6)

C163 Pt. 1 applied (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 12(5)

C164 Pt. 1 applied (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 19(6) (with art. 19(7))

C165 Pt. 1 applied (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 25(3)

C166 Pt. 1 applied (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 13(6)

C167 Pt. 1 applied (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), arts. 1, 23(5)

C168 Pt. 1 applied (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), arts. 1, 13(4)

C169 Pt. 1 applied (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), arts. 1, 31(6)

C170 Pt. 1 applied (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), arts. 1, 11(6) (with art. 32)

C171 Pt. 1 applied (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), arts. 1, 30(4)(5)

C172 Pt. 1 applied (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), arts. 1, 37(3)

C173 Pt. 1 applied (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 42(4) (with art. 32)

C174 Pt. 1 applied (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 31(7) (with arts. 31(8), 32)

C175 Pt. 1 applied (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 18(5) (with art. 32)

C176 Pt. 1 applied (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 28(4) (with arts. 28(5), 32)

C177 Pt. 1 applied (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 41(3) (with art. 32)

C178 Pt. 1 applied (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 39(5) (with art. 32)

C179 Pt. 1 applied (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 29(8) (with arts. 21(2), 29(9), 32)

C180 Pt. 1 applied (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 17(10) (with art. 32)

C181 Pt. 1 applied (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 13(6) (with art. 32)

C182 Pt. 1 applied (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 22(5) (with arts. 22(6), 37)

C183 Pt. 1 applied (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 16(10) (with art. 37)

C184 Pt. 1 applied (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 26(4) (with arts. 26(5), 37)

C185 Pt. 1 applied (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 12(5) (with art. 37)

C186 Pt. 1 applied (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 32(3) (with art. 37)

C187 Pt. 1 applied (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 28(7) (with art. 37)

C188 Pt. 1 applied (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 17(5) (with art. 37)

C189 Pt. 1 applied (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 27(6) (with art. 37)

C190 Pt. 1 applied (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 11(5) (with art. 37)

C191 Pt. 1 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 24(4) (with arts. 24(5), 39)

C192 Pt. 1 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 29(7) (with art. 39)

C193 Pt. 1 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 28(4) (with arts. 28(5), 39)

C194 Pt. 1 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 18(6) (with art. 39)

C195 Pt. 1 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 23(7) (with art. 39)

C196 Pt. 1 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 30(7) (with art. 39)

C197 Pt. 1 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 38(4) (with art. 39)

C198 Pt. 1 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 13(5) (with art. 39)

C199 Pt. 1 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 37(3) (with art. 39)

C200 Pt. 1 applied (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 31(7) (with arts. 4, 5(3))

C201 Pt. 1 applied (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 14(5) (with arts. 4, 5(3))

C202 Pt. 1 applied (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 13(6) (with arts. 4, 5(3))

C203 Pt. 1 applied (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 18(10) (with arts. 4, 5(3))

C204 Pt. 1 applied (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 30(6) (with arts. 4, 5(3))

C205 Pt. 1 applied (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 25(5) (with arts. 4, 5(3))

C206 Pt. 1 applied (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 37(4) (with arts. 4, 5(3))

C207 Pt. 1 applied (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 19(5) (with arts. 4, 5(3))

C208 Pt. 1 applied (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 29(4) (with arts. 4, 5(3))

C209 Pt. 1 applied (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 36(3) (with arts. 4, 5(3))

C210 Pt. 1 applied (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 29(3) (with arts. 29(4), 39)

C211 Pt. 1 applied (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 16(10) (with art. 39)

C212 Pt. 1 applied (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 24(3) (with arts. 24(4)(5), 39)

C213 Pt. 1 applied (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 25(6) (with art. 39)

C214 Pt. 1 applied (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 26(7) (with arts. 26(8), 39)

C215 Pt. 1 applied (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 18(5) (with art. 39)

C216 Pt. 1 applied (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 11(4) (with art. 39)

C217 Pt. 1 applied (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 26(3) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))

C218 Pt. 1 applied (2.8.2016) by The Meaford Gas Fired Generating Station Order 2016 (S.I. 2016/779), arts. 1, 23(4) (with art. 23(5))

C219 Pt. 1 applied (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 12(6) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))

C220 Pt. 1 applied (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 34(7) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))

C221 Pt. 1 applied (2.8.2016) by The Meaford Gas Fired Generating Station Order 2016 (S.I. 2016/779), arts. 1, 29(3)

C222 Pt. 1 applied (2.8.2016) by The Meaford Gas Fired Generating Station Order 2016 (S.I. 2016/779), arts. 1, 25(6)

C223 Pt. 1 applied (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 33(6) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))

C224 Pt. 1 applied (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 21(10) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))

C225 Pt. 1 applied (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 32(3)(5) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))

C226 Pt. 1 applied (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 22(5) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))

C227 Pt. 1 applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 15(10) (with arts. 35, 36)

C228 Pt. 1 applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 30(6) (with arts. 35, 36)

C229 Pt. 1 applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 30(17) (with arts. 35, 36)

C230 Pt. 1 applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 16(5) (with arts. 35, 36)

C231 Pt. 1 applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 24(6) (with arts. 35, 36)

C232 Pt. 1 applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 29(4) (with arts. 29(5), 35, 36)

C233 Pt. 1 applied (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), arts. 1, 31(3) (with art. 35)

C234 Pt. 1 applied (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), arts. 1, 28(7) (with arts. 28(7), 35)

C235 Pt. 1 applied (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), arts. 1, 26(4) (with art. 35)

C236 Pt. 1 applied (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), arts. 1, 27(6) (with arts. 27(7)(8)(11), 35)

C237 Pt. 1 applied (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), arts. 1, 23(4) (with arts. 23(5), 35)

C238 Pt. 1 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 25(4) (with arts. 37, 38)

C239 Pt. 1 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 30(3) (with arts. 37, 38)

C240 Pt. 1 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 26(8) (with arts. 37, 38)

C241 Pt. 1 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 19(8) (with arts. 37, 38)

C242 Pt. 1 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 11(6) (with arts. 37, 38)

C243 Pt. 1 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 21(4) (with arts. 21(5), 37, 38)

C244 Pt. 1 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 27(7) (with arts. 37, 38)

C245 Pt. 1 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 17(5) (with arts. 37, 38)

C246 Pt. 1 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 31(4) (with arts. 37, 38)

C247 Pt. 1 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 16(10) (with arts. 37, 38)

C248 Pt. 1 applied (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 19(6) (with art. 43)

C249 Pt. 1 applied (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 23(5) (with art. 43)

C250 Pt. 1 applied (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 41(7) (with art. 43)

C251 Pt. 1 applied (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 36(4) (with art. 43)

C252 Pt. 1 applied (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 28(7) (with art. 43)

C253 Pt. 1 applied (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 14(5) (with art. 43)

C254 Pt. 1 applied (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 27(6) (with art. 43)

C255 Pt. 1 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 36(4)

C256 Pt. 1 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 28(6)

C257 Pt. 1 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 35(3)

C258 Pt. 1 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 19(5)

C259 Pt. 1 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 29(7)

C260 Pt. 1 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 14(7)

C261 Pt. 1 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 27(4)

C262 Pt. 1 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 16(4)

C263 Pt. 1 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 18(10)

C264 Pt. 1 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 13(4)

C265 Pt. 1 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 23(5)

C266 Pt. 1 applied (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts. 1(2), 24(7) (with arts. 24(8), 39, 40, Sch. 8 para. 19)

C267 Pt. 1 applied (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts. 1(2), 19(5) (with arts. 19(6), 39, 40, Sch. 8 para. 19)

C268 Pt. 1 applied (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts. 1(2), 9(6) (with arts. 39, 40, Sch. 8 para. 19)

C269 Pt. 1 applied (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts. 1(2), 13(6) (with arts. 39, 40, Sch. 8 para. 19)

C270 Pt. 1 applied (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts. 1(2), 25(7) (with arts. 25(8), 39, 40, Sch. 8 para. 19)

C271 Pt. 1 applied (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts. 1(2), 34(6) (with arts. 39, 40, Sch. 8 para. 19)

C272 Pt. 1 applied (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts. 1(2), 22(4) (with arts. 39, 40, Sch. 8 para. 19)

C273 Pt. 1 applied (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 14(6) (with arts. 43, 44)

C274 Pt. 1 applied (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 34(7) (with arts. 43, 44)

C275 Pt. 1 applied (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 13(6) (with arts. 43, 44)

C276 Pt. 1 applied (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 33(6) (with arts. 43, 44)

C277 Pt. 1 applied (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 22(10) (with arts. 43, 44)

C278 Pt. 1 applied (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 24(5) (with arts. 43, 44)

C279 Pt. 1 applied (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 32(3) (with art. 32(4)(5), 43, 44)

C280 Pt. 1 applied (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 20(9) (with arts. 43, 44)

C281 Pt. 1 applied (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 16(4), 70(1)

C282 Pt. 1 applied (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 9(8), 70(1)

C283 Pt. 1 applied (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 16 para. 9(5)

C284 Pt. 1 applied (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 55(6)(a), 70(1)

C285 Pt. 1 applied (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), arts. 1, 13(5)

C286 Pt. 1 applied (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), arts. 1, 26(8)

C287 Pt. 1 applied (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), arts. 1, 32(3)

C288 Pt. 1 applied (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), arts. 1, 17(10)

C289 Pt. 1 applied (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), arts. 1, 24(3) (with art. 24(4))

C290 Pt. 1 applied (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), arts. 1, 27(6)

C291 Pt. 1 applied (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), arts. 1, 22(4)

C292 Pt. 1 applied (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), arts. 1, 19(3)

C293 Pt. 1 applied (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), arts. 1, 25(3) (with art. 25(4))

C294 Pt. 1 applied (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), arts. 1, 18(5)

C295 Pt. 1 applied (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 11(3), 13(6), 18(5), 22(6), 23(5) (with arts. 25, 31)

C296 Pt. 1 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 30(4) (with art. 30(5))

C297 Pt. 1 modified (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 31(4)

C298 Pt. 1 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 19

C299 Pt. 1 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 18(5)

C300 Pt. 1 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 22(4)

C301 Pt. 1 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 27(6) (with art. 27(11))

C302 Pt. 1 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 28(7)

C303 Pt. 1 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 17(10)

C304 Pt. 1 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 13(8)

C305 Pt. 1 modified (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 33(3)

C306 Pt. 1 applied (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), arts. 1, 24(5) (with art. 24(6))

C307 Pt. 1 applied (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), arts. 1, 16(6)

C308 Pt. 1 applied (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), arts. 1, 25(5)

C309 Pt. 1 applied (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), arts. 1, 27(7) (with art. 27(8))

C310 Pt. 1 applied (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), arts. 1, 26(6) (with art. 25(7)(12))

C311 Pt. 1 applied (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), arts. 1, 31(3)

C312 Pt. 1 applied (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 30(7) (with art. 22)

C313 Pt. 1 applied (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 38(4) (with art. 22)

C314 Pt. 1 applied (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 28(8) (with arts. 22, 28(9))

C315 Pt. 1 applied (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 13(6) (with art. 22)

C316 Pt. 1 applied (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 27(4)(5) (with art. 22)

C317 Pt. 1 applied (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 29(8) (with arts. 22, 29(12))

C318 Pt. 1 applied (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 18(5) (with art. 22)

C319 Pt. 1 applied (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 17(10) (with arts. 17(9), 22)

C320 Pt. 1 applied (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 18(4) (with arts. 5(9), 18(5), 36, 37, Sch. 8 para. 34)

C321 Pt. 1 applied (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 22(4) (with arts. 36, 37, Sch. 8 para. 34)

C322 Pt. 1 applied (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 23(6) (with arts. 5(9), 36, 37, Sch. 8 para. 34)

C323 Pt. 1 applied (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 31(3) (with arts. 36, 37, Sch. 8 para. 34)

C324 Pt. 1 applied (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 24(7) (with arts. 5(9), 24(8), 36, 37, Sch. 8 para. 34)

C325 Pt. 1 applied (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 10(6) (with Sch. 8 para. 20)

C326 Pt. 1 applied (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 32(4) (with art. 32(5), Sch. 8 para. 20)

C327 Pt. 1 applied (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 29(7) (with Sch. 8 para. 20)

C328 Pt. 1 applied (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 16(10) (with Sch. 8 para. 20)

C329 Pt. 1 applied (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 13(3) (with Sch. 8 para. 20)

C330 Pt. 1 applied (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 28(6) (with Sch. 8 para. 20)

C331 Pt. 1 applied (with modifications) (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 27(3)(5) (with Sch. 8 para. 20)

C332 Pt. 1 applied (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 19(3) (with Sch. 8 para. 20)

C333 Pt. 1 applied (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 18(5) (with Sch. 8 para. 20)

C334 Pt. 1 applied (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 9(4) (with Sch. 8 para. 20)

C335 Pt. 1 applied (15.11.2017) by The Network Rail (Summerway Overbridge) Order 2017 (S.I. 2017/1027), arts. 1, 4(6) (with art. 4(7))

C336 Pt. 1 applied (15.11.2017) by The Network Rail (Summerway Overbridge) Order 2017 (S.I. 2017/1027), arts. 1, 3(2)

C337 Pt. 1 applied (15.11.2017) by The Network Rail (Summerway Overbridge) Order 2017 (S.I. 2017/1027), arts. 1, 6(2)

C338 Pt. 1 applied (8.12.2017) by The Network Rail (Closure of Abbots Ripton Level Crossing) Order 2017 (S.I. 2017/1074), arts. 1, 7(10)

C339 Pt. 1 applied (8.12.2017) by The Network Rail (Closure of Abbots Ripton Level Crossing) Order 2017 (S.I. 2017/1074), arts. 1, 11(3)

C340 Pt. 1 applied (8.12.2017) by The Network Rail (Closure of Abbots Ripton Level Crossing) Order 2017 (S.I. 2017/1074), arts. 1, 5(4) (with art. 5)

C341 Pt. 1 applied (8.12.2017) by The Network Rail (Closure of Abbots Ripton Level Crossing) Order 2017 (S.I. 2017/1074), arts. 1, 9(6) (with art. 9(7))

C342 Pt. 1 applied (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 24(7) (with arts. 24(8), 32(2))

C343 Pt. 1 applied (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 9(4)(5) (with art. 32(2))

C344 Pt. 1 applied (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 16(10) (with art. 32(2))

C345 Pt. 1 applied (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 17(5) (with arts. 17(6), 32(2))

C346 Pt. 1 applied (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 10(6) (with art. 32(2))

C347 Pt. 1 applied (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 27(5) (with arts. 27(6), 32(2))

C348 Pt. 1 applied (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 31(3) (with art. 32(2))

C349 Pt. 1 applied (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 23(6) (with art. 32(2))

C350 Pt. 1 applied (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 19(10) (with arts. 4, 18(9), 37)

C351 Pt. 1 applied (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 38(3) (with arts. 4, 37)

C352 Pt. 1 applied (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 14(5) (with arts. 4, 37)

C353 Pt. 1 applied (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 30(4) (with arts. 4, 30(5), 37)

C354 Pt. 1 applied (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 20(5) (with arts. 4, 37)

C355 Pt. 1 applied (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 15(6) (with arts. 4, 37)

C356 Pt. 1 applied (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 31(6) (with arts. 4, 31(7), 37)

C357 Pt. 1 applied (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 39(4) (with arts. 4, 37)

C358 Pt. 1 applied (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 26(5) (with arts. 4, 37)

C359 Pt. 1 applied (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 32(7) (with arts. 4, 32(8), 37)

1 [F1 Upper Tribunal to assess] compensation in respect of land compulsorily acquired. E+W

Where by or under any statute (whether passed before or after the passing of this Act) land is authorised to be acquired compulsorily, any question of disputed compensation and, where any part of the land to be acquired is subject to a lease which comprises land not acquired, any question as to the apportionment of the rent payable under the lease, shall be referred to the [F2 Upper Tribunal] and shall be determined by the Tribunal in accordance with the following provisions of this Act.

Textual Amendments

F1 Words in s. 1 heading substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 37(a) (with Sch. 5)

F2 Words in s. 1 substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 37(b) (with Sch. 5)

F3 2 Procedures on references under s. 1. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 2 omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 38 (with Sch. 5)

F4 3 Consolidation of proceedings on claims in respect of several interests in the same land. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 3 omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 38 (with Sch. 5)

4 Costs. E+W

[F5 (A1) In any proceedings on a question referred to the Upper Tribunal under section 1 of this Act—

(a) the following subsections apply in addition to section 29 of the Tribunals, Courts and Enforcement Act 2007 (costs or expenses) and provisions in Tribunal Procedure Rules relating to costs; and

(b) to the extent that the following subsections conflict with that section or those provisions, that section or those provisions do not apply.]

(1) Where either—

(a) the acquiring authority have made an unconditional offer in writing of any sum as compensation to any claimant and the sum awarded by the [F6 Upper Tribunal] to that claimant does not exceed the sum offered; or

(b) the [F6 Upper Tribunal] is satisfied that a claimant has failed to deliver to the acquiring authority, in time to enable them to make a proper offer, a notice in writing of the amount claimed by him, containing the particulars mentioned in subsection (2) of this section;

the [F6 Upper Tribunal] shall, unless for special reasons it thinks proper not to do so, order the claimant to bear his own costs and to pay the costs of the acquiring authority so far as they were incurred after the offer was made or, as the case may be, after the time when in the opinion of the [F6 Upper Tribunal] the notice should have been delivered.

(2) The notice mentioned in subsection (1) of this section must state the exact nature of the interest in respect of which compensation is claimed, and give details of the compensation claimed, distinguishing the amounts under separate heads and showing how the amount claimed under each head is calculated.

(3) Where a claimant has delivered a notice as required by paragraph (b) of subsection (1) of this section and has made an unconditional offer in writing to accept any sum as compensation, then, if the sum awarded to him by the [F7 Upper Tribunal] is equal to or exceeds that sum, the [F7 Upper Tribunal] shall, unless for special reasons it thinks proper not to do so, order the acquiring authority to bear their own costs and pay the costs of the claimant so far as they were incurred after his offer was made.

(4) The [F8 Upper Tribunal] may in any case disallow the cost of counsel.

(5) Where the [F9 Upper Tribunal] orders the claimant to pay the costs, or any part of the costs, of the acquiring authority, the acquiring authority may deduct the amount so payable by the claimant from the amount of the compensation payable to him.

F10 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 4(A1) inserted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 39(a) (with Sch. 5)

F6 Words in s. 4(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 39(b) (with Sch. 5)

F7 Words in s. 4(3) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 39(b) (with Sch. 5)

F8 Words in s. 4(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 39(b) (with Sch. 5)

F9 Words in s. 4(5) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 39(b) (with Sch. 5)

F10 S. 4(6) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 39(c) (with Sch. 5)

Modifications etc. (not altering text)

C360 S. 4 applied (with modifications) by Acts listed in Chronological Table of the Statutes, Local Government, Planning and Land Act 1980 (c. 65), s. 167(9), National Heritage Act 1983 (c. 47, SIF 3, 78), s. 36(10) and Mineral Workings Act 1985 (c. 12, SIF 86), ss. 7(13), 8(11); applied by Electricity Act 1989 (c. 29, SIF 44:1), ss. 10(1), 112(3), Sch. 4 paras. 7(4), 11(3), Sch. 17 para. 35(1); applied (with modifications) by Water Act 1989 (c. 15, SIF 130), ss. 153(1), 155, Sch. 19 paras. 6(4)(7), 11, Sch. 20 para. 8(6), (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

C361 S. 4 applied (with modifications) (1.12.1991) by the Water Industry Act 1991 (c. 56, SIF 130), ss. 167, 180, 223(2), Sch. 11 para. 8(6), Sch. 12 para. 3(1) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

S. 4 applied (with modifications) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 61 (5), 62(5), 168(3), 177, 225(2), Sch. 7 para. 5, Sch. 19 para. 8(6), Sch. 21 para. 3(1) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

S. 4 applied (with modifications) (30.10.1994) by S.I. 1994/2716, art. 92(4)

S. 4 applied (with modifications) (30.10.1994) by S.I. 1994/2716, reg. 96(3)

S. 4 applied (1.6.1997) by S.I. 1997/1160, reg. 14(6)

S. 4 applied (with modifications) (1.10.1998) by 1975 c. 70, Sch. 4 Pt. 1V, para. 15(4) (as inserted by 1998 c.38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4)

S. 4 applied (with modifications) (1.4.1999) by S.I. 1999/481, reg. 8(4)

S. 4 applied (with modifications) (29.4.1999) by S.I. 1999/1006, reg. 7, Sch. para. 6

S. 4 applied (with modifications) (26.3.2001) by 2000 c. 26, s. 95, Sch. 6 para. 5(2); S.I. 2000/2957, art. 2(3), Sch. 3

S. 4 applied (with modifications) (1.4.2000) by S.I. 2000/227, reg. 6, Sch. 2 para. 6(4)

S. 4 applied (with modifications) (W.) (1.7.2001) by S.I. 2001/2197, reg. 6, Sch. 2 para. 6(4)

C362 S. 4 applied (with modifications) (W.) (10.12.2006) by The Contaminated Land (Wales) Regulations 2006 (S.I. 2006/2989), reg. 1(1), Sch. 2 para. 6(4)

C363 S. 4 applied (with modifications) (26.11.2008 for specified purposes, 1.3.2010 in so far as not already in force) by Planning Act 2008 (c. 29), ss. 165(6), 241(1), 241(8) (with s. 226); S.I. 2010/101, art. 3(j) (with art. 6)

C364 S. 4 applied (with modifications) (E.) (1.3.2009) by Environmental Damage (Prevention and Remediation) Regulations 2009 (S.I. 2009/153), reg. 1(1), Sch. 6 para. 7(2)

C365 S. 4 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 28(8)(b) (with reg. 125)

C366 S. 4 modified (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 32(3) (with reg. 125)

C367 S. 4 applied (with modifications) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 5 para. 7 (with reg. 1(2), Sch. 4)

C368 S. 4 applied (with modifications) (1.10.2011) by The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (S.I. 2011/2055), regs. 1, 61(5)

C369 S. 4 applied (with modifications) (E.) (6.4.2012) by The Town and Country Planning (Tree Preservation)(England) Regulations 2012 (S.I. 2012/605), regs. 1(1), 24(9) (with reg. 24(10))

C370 S. 4 modified by S.I. 2006/1380, Sch. 2 para. 6(4) (as substituted (6.4.2012) by The Contaminated Land (England) (Amendment) Regulations 2012 (S.I. 2012/263), regs. 1, 2(4))

C371 S. 4 applied (with modifications) by S.I. 2006/2989, Sch 2 para. 6(4) (as substituted (W.) (6.4.2012) by The Contaminated Land (Wales) (Amendment) Regulations 2012 (No. 283), regs. 1(1), 2(4)(c))

C372 S. 4 applied (with modifications) (E.) (19.7.2015) by The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810), reg. 1(1), Sch. 6 para. 7(2) (with regs. 4-8)

C373 S. 4 applied (with modifications) (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 176(3), 216(3); S.I. 2016/733, reg. 3(h)

C374 S. 4 applied (with modifications) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 5 para. 7(4) (with regs. 1(3), 77-79, Sch. 4)

C375 S. 4 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 30(8)(b)

C376 S. 4 modified (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 34(3)

C377 S. 4(1)(a) applied (with modifications) by 1985 c. 68, s. 584B(6) (as substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 31; S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.))

C378 S. 4(4)-(6) applied (with modifications) by 1985 c. 68, s. 584B(6) (as substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 31; S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.))

Part II E+W Provisions determining amount of compensation

Modifications etc. (not altering text)

C379 Pt. II (ss. 5-16) applied (with modifications) (16.1.1995) by 1995 c. i, s. 9(3) (with ss. 34, 35)

General provisions E+W

5 Rules for assessing compensation. E+W

Compensation in respect of any compulsory acquisition shall be assessed in accordance with the following rules:

(1) No allowance shall be made on account of the acquisition being compulsory:

(2) The value of land shall, subject as hereinafter provided, be taken to be the amount which the land if sold in the open market by a willing seller might be expected to realise:

[F11 (2A) The value of land referred to in rule (2) is to be assessed in the light of the no-scheme principle set out in section 6A.]

(3) The special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from F12 . . . the requirements of any authority possessing compulsory purchase powers:

(4) Where the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the occupants of the premises or to the public health, the amount of that increase shall not be taken into account:

(5) Where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, if the [F13 Upper Tribunal] is satisfied that reinstatement in some other place is bona fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement:

(6) The provisions of rule (2) shall not affect the assessment of compensation for disturbance or any other matter not directly based on the value of land:

and the following provisions of this part of this Act shall have effect with respect to the assessment.

Textual Amendments

F11 S. 5(2A) inserted (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(2), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4)

F12 Words in s. 5(3) repealed (25.9.1991, subject to the restrictions referred to in S.I. 1991/2067, art. 4, Sch. 2 Pt. I para. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), ss. 70(a), 84(6), Sch. 15 Pt. I para. 1, Sch. 19 Pt. III (with s. 84(5)); S.I. 1991/2067, art. 3

F13 Words in s. 5 substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 40 (with Sch. 5)

Modifications etc. (not altering text)

C380 S. 5 applied (with modifications) by Acts listed in Chronological Table of the Statutes; and s. 5 modified by: Agriculture Act 1967 (c. 22), s. 50(8); Leasehold Reform Act 1967 (c. 88), ss. 29, 30, Sch. 4 para. 3(5); S.I. 1976/1218, art. 4; and Highways Act 1980 (c. 66), s. 261(6)

C381 S. 5 applied (with modifications) by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 36(10), Water Act 1989 (c. 15, SIF 130), s. 155, Sch. 20 para 8(7) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58), Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 136(1)(a) and Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 43(5), Sch. 2 para. 4(a)

C382 S. 5 applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167, 180, 223(2), Sch. 11 para. 8(7), Sch. 12 para. 3(2) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

S. 5 applied (with modifications) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 61(6), 177, 225(2), Sch. 7 para. 5, Sch. 21 para. 3(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

S. 5 applied (with modifications) (30.10.1994) by S.I. 1994/2716, regs. 91(5), 96(4)

S. 5 applied (with modifications) (1.4.1999) by S.I. 1999/481, reg. 7(2)

S. 5 applied (29.4.1999) by S.I. 1999/1006, reg. 7, Sch. para. 5

S. 5 applied (with modifications) (1.8.2000) by S.I. 2000/1973, reg. 12(13), Sch. 6 para. 6(2)

S. 5 applied (1.4.2000) by S.I. 2000/227, reg. 6, Sch. 2 para. 5(2)

S. 5 applied (with modifications) (W.) (1.7.2001) by S.I. 2001/2197, reg. 6, Sch. 2 para. 5(2)

C383 S. 5 applied by 1985 c. 68, s. 584B(5) (as substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 31; S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.))

C384 S. 5 applied (with modifications) (E.) (4.8.2006) by Contaminated Land (England) Regulations 2006 (S.I. 2006/1380), reg. 1(1), Sch. 2 para. 5(2)

C385 S. 5 applied (with modifications) (W.) (10.12.2006) by The Contaminated Land (Wales) Regulations 2006 (S.I. 2006/2989), reg. 1(1), Sch. 2 para. 5(2)

C386 S. 5 applied (with modifications) (E.) (1.3.2009) by Environmental Damage (Prevention and Remediation) Regulations 2009 (S.I. 2009/153), reg. 1(1), Sch. 6 para. 6(1)

C387 S. 5 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 28(6) (with reg. 125)

C388 S. 5 applied (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 32(4) (with reg. 125)

C389 S. 5 applied (with modifications) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 5 para. 6 (with reg. 1(2), Sch. 4)

C390 S. 5 modified (E.) (19.7.2015) by The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810), reg. 1(1), Sch. 6 para. 6(1) (with regs. 4-8)

C391 S. 5 applied (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 5 para. 6(2) (with regs. 1(3), 77-79, Sch. 4)

C392 S. 5 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 30(6)

C393 S. 5(2)(4) applied (5.11.1993) by 1993 c. 42, s. 21, Sch. 7 para. 16(2)(a)

[F14 5A Relevant valuation date E+W

(1) If the value of land is to be assessed in accordance with rule (2) in section 5, the valuation must be made as at the relevant valuation date.

(2) No adjustment is to be made to the valuation in respect of anything which happens after the relevant valuation date.

(3) If the land is the subject of a notice to treat, the relevant valuation date is the earlier of—

(a) the date when the acquiring authority enters on and takes possession of the land, and

(b) the date when the assessment is made.

(4) If the land is the subject of a general vesting declaration, the relevant valuation date is the earlier of—

(a) the vesting date, and

(b) the date when the assessment is made,

and “ general vesting declaration ” and “ vesting date ” have the meanings given in section 2 of the Compulsory Purchase (Vesting Declarations) Act 1981.

(5) If the acquiring authority enters on and takes possession of part of the land—

(a) specified in a notice of entry, or

(b) in respect of which a payment into court has been made,

the authority is deemed, for the purposes of subsection (3)(a), to have entered on and taken possession of the whole of that land on that date.

[F15 (5A) If—

(a) the acquiring authority enters on and takes possession of land in pursuance of a notice of entry given as mentioned in paragraph 12 of Schedule 2A to the Compulsory Purchase Act 1965 (“the original land”),

(b) the acquiring authority are subsequently required by a determination under paragraph 27 of Schedule 2A to the Compulsory Purchase Act 1965 to take additional land, and

(c) the acquiring authority enters on and takes possession of that additional land,

the authority is deemed for the purposes of subsection (3)(a) to have entered on and taken possession of the additional land when it entered on and took possession of the original land.]

[F16 (5B) If—

(a) the land is the subject of a general vesting declaration, and

(b) the vesting date is different for different parts of the land,

the first of the vesting dates is deemed for the purposes of subsection (4)(a) to be the vesting date for the whole of the land.]

(6) [F17 Subsections (5), (5A) and (5B) also apply] for the purposes of calculating interest under the following enactments—

(a) section 11(1) of the Compulsory Purchase Act 1965;

F18 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 85 of the Lands Clauses Consolidation Act 1845;

(d) section 52A of the Land Compensation Act 1973,

and references there to the date or time of entry are to be construed accordingly.

(7) An assessment by the [F19 Upper Tribunal] is treated as being made on the date certified by the Tribunal as—

(a) the last hearing date before it makes its determination, or

(b) in a case to be determined without an oral hearing, the last date for making written submissions before it makes its determination.

(8) Nothing in this section affects—

(a) any express provision in any other enactment which requires the valuation of land subject to compulsory acquisition to be made at a particular date;

(b) the valuation of land for purposes other than the compulsory acquisition of that land (even if the valuation is to be made in accordance with the rules in section 5).

(9) In this section—

(a) a notice of entry is a notice under section 11(1) of the Compulsory Purchase Act 1965;

(b) a payment into court is a payment into court F20 ... under section 85 of the Lands Clauses Consolidation Act 1845.]

Textual Amendments

F14 S. 5A inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 103(2); S.I. 2004/2593, art. 2(a)

F15 S. 5A(5A) inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 17 para. 4(2); S.I. 2017/75, reg. 3(g)

F16 S. 5A(5B) inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 18 para. 9; S.I. 2017/75, reg. 3(k)

F17 Words in s. 5A(6) substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 17 para. 4(3); S.I. 2017/75, reg. 3(g)

F18 S. 5A(6)(b) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 1(a); S.I. 2016/733, reg. 3(j)

F19 Words in s. 5A(7) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 41 (with Sch. 5)

F20 Words in s. 5A(9)(b) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 1(b); S.I. 2016/733, reg. 3(j)

Modifications etc. (not altering text)

C394 S. 5A modified (30.4.2015) by Energy Act 2013 (c. 32), ss. 124(6)(a), 156(1) (with s. 130); S.I. 2015/817, art. 2(a)

C395 S. 5A(5A) modified (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), art. 1, Sch. 6 para. 2(2) (with arts. 4, 37)

F21 6 Disregard of actual or prospective development in certain cases. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Ss. 6A-6E substituted for ss. 6-9 (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(3), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4 and regs. 6, 7 which amend the new s. 6E(2)(b)(c))

[F21 6A No-scheme principle E+W

(1) The no-scheme principle is to be applied when assessing the value of land in order to work out how much compensation should be paid by the acquiring authority for the compulsory acquisition of the land (see rule 2A in section 5).

(2) The no-scheme principle is the principle that—

(a) any increase in the value of land caused by the scheme for which the authority acquires the land, or by the prospect of that scheme, is to be disregarded, and

(b) any decrease in the value of land caused by that scheme or the prospect of that scheme is to be disregarded.

(3) In applying the no-scheme principle the following rules in particular (the “no-scheme rules”) are to be observed.

(4) Rule 1: it is to be assumed that the scheme was cancelled on the relevant valuation date.

(5) Rule 2: it is to be assumed that no action has been taken (including acquisition of any land, and any development or works) by the acquiring authority wholly or mainly for the purposes of the scheme.

(6) Rule 3: it is to be assumed that there is no prospect of the same scheme, or any other project to meet the same or substantially the same need, being carried out in the exercise of a statutory function or by the exercise of compulsory purchase powers.

(7) Rule 4: it is to be assumed that no other projects would have been carried out in the exercise of a statutory function or by the exercise of compulsory purchase powers if the scheme had been cancelled on the relevant valuation date.

(8) Rule 5: if there was a reduction in the value of land as a result of—

(a) the prospect of the scheme (including before the scheme or the compulsory acquisition in question was authorised), or

(b) the fact that the land was blighted land as a result of the scheme,

that reduction is to be disregarded.

(9) In this section—

• “blighted land” means land of a description listed in Schedule 13 to the Town and Country Planning Act 1990;

• “relevant valuation date” has the meaning given by section 5A.

(10) See also section 14 for assumptions to be made in respect of planning permission.

Textual Amendments

F21 Ss. 6A-6E substituted for ss. 6-9 (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(3), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4 and regs. 6, 7 which amend the new s. 6E(2)(b)(c))

Modifications etc. (not altering text)

C396 S. 6A modified by 1999 c. 29, ss. 403A(9), 403B(9) (as inserted (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 36(2), 46(1); S.I. 2017/936, reg. 3(f))

6B Lower compensation if other land gains value E+W

(1) This section applies where—

(a) a person is entitled to compensation for the compulsory acquisition of land (the “original land”) for the purposes of a scheme,

(b) on the date the notice to treat is served in respect of the original land, the person is entitled to an interest in other land (the “other land”) which is contiguous or adjacent to the original land,

(c) the person is entitled to the interest in the other land in the same capacity as the person is entitled to the interest in the original land, and

(d) the person's interest in the other land has increased in value as a result of the scheme.

(2) The amount of compensation to which the person is entitled in respect of the compulsory acquisition of the original land is to be reduced by the amount of the increase in the value of the person's interest in the other land as at the relevant valuation date (determined in accordance with section 5A).

(3) An amount by which the other land increases in value may not be set off against compensation payable to the person (for the original land or otherwise) in accordance with subsection (2) more than once.

(4) If the other land is subsequently subject to compulsory acquisition for the purposes of the scheme mentioned in subsection (1), the compensation to which the person is entitled for the other land includes the amount which was deducted from the person's compensation for the original land in accordance with subsection (2) (despite the no-scheme principle).

(5) If part only of the other land is subject to compulsory acquisition, the compensation to which the person is entitled by virtue of subsection (4) is to be reduced accordingly.

(6) Subsections (4) and (5) apply in relation to a person (a “successor”) who derives title from the person mentioned in that subsection as if the original land had been acquired from the successor.

(7) This section does not apply in relation to compensation which is to be assessed in accordance with section 261 of the Highways Act 1980 (benefit to vendor to be taken into account in assessing compensation on certain compulsory acquisitions for highway purposes).

Textual Amendments

F21 Ss. 6A-6E substituted for ss. 6-9 (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(3), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4 and regs. 6, 7 which amend the new s. 6E(2)(b)(c))

6C Increased compensation if other land loses value E+W

(1) This section applies where—

(a) land (the “original land”) belonging to a person is acquired for the purposes of a scheme,

(b) as a result of the acquisition of the original land the person receives compensation for injurious affection in relation to other land, and

(c) the other land is subsequently subject to compulsory acquisition for the purposes of that scheme.

(2) The compensation to which the person is entitled as a result of the compulsory acquisition of the other land is to be reduced by the amount which the person received in compensation for injurious affection in relation to the other land as a result of the acquisition of the original land.

(3) Subsection (2) applies in relation to a person (a “successor”) who derives title from the person mentioned in that subsection as if the compensation for injurious affection had been paid to the successor.

Textual Amendments

F21 Ss. 6A-6E substituted for ss. 6-9 (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(3), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4 and regs. 6, 7 which amend the new s. 6E(2)(b)(c))

6D Meaning of “scheme” etc. E+W

(1) For the purposes of sections 6A, 6B and 6C, the “scheme” in relation to a compulsory acquisition means the scheme of development underlying the acquisition (subject to subsections (2) to (5)).

(2) Where the acquiring authority is authorised to acquire land in connection with the development of an area designated as—

(a) an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980,

(b) a new town by an order under section 1 of the New Towns Act 1981, or

(c) a Mayoral development area by a designation under section 197 of the Localism Act 2011,

the scheme is the development of any land for the purposes for which the area is or was designated.

(3) Where land is acquired for regeneration or redevelopment which is facilitated or made possible by a relevant transport project, the scheme includes the relevant transport project (subject to section 6E).

(4) For the purposes of subsection (3) and section 6E—

(a) a “relevant transport project” means a transport project carried out in the exercise of a statutory function or by the exercise of compulsory purchase powers (regardless of whether it is carried out before, after or at the same time as the regeneration or redevelopment), and

(b) where different parts of the works comprised in such a transport project are first opened for use on different dates, each part is to be treated as a separate relevant transport project.

(5) If there is a dispute as to what is to be taken to be the scheme (the “underlying scheme”) then, for the purposes of this section, the underlying scheme is to be identified by the Upper Tribunal as a question of fact, subject as follows—

(a) the underlying scheme is to be taken to be the scheme provided for by the Act, or other instrument, which authorises the compulsory acquisition unless it is shown (by either party) that the underlying scheme is a scheme larger than, but incorporating, the scheme provided for by that instrument, and

(b) except by agreement or in special circumstances, the Upper Tribunal may permit the acquiring authority to advance evidence of such a larger scheme only if that larger scheme is one identified in the following read together—

(i) the instrument which authorises the compulsory acquisition, and

(ii) any documents made available with it.

(6) In the application of no-scheme rule 3 in relation to the acquisition of land for or in connection with the construction of a highway (the “scheme highway”) the reference in that rule to “any other project” includes a reference to any other highway that would meet the same or substantially the same need as the scheme highway would have been constructed to meet.

Textual Amendments

F21 Ss. 6A-6E substituted for ss. 6-9 (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(3), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4 and regs. 6, 7 which amend the new s. 6E(2)(b)(c))

6E Further provisions in relation to relevant transport projects E+W

(1) This section has effect for the purposes of section 6D(3).

(2) The scheme referred to in that section includes the relevant transport project only if—

(a) regeneration or redevelopment was part of the published justification for the relevant transport project,

(b) the works comprised in the relevant transport project are first opened for use after the period of 5 years beginning with 22nd September 2017,

(c) the instrument authorising the compulsory acquisition of the land which is acquired for regeneration or redevelopment was made or prepared in draft on or after 22nd September 2017,

(d) the compulsory acquisition of that land is authorised before the end of the period of 5 years beginning with the day on which the works comprised in the relevant transport project are first opened for use, and

(e) that land is in the vicinity of land comprised in the relevant transport project.

(3) In assessing compensation payable to a person in respect of the compulsory acquisition of that land, the scheme is to be treated as if it did not include the relevant transport project if the person acquired the land—

(a) after plans for the relevant transport project were announced, but

(b) before 8 September 2016.

(4) Subsections (5) and (6) set out how subsection (2)(b) should be applied if a claim for compensation is made by a person (the “claimant”)—

(a) during the period of 5 years mentioned in that subsection, and

(b) before the works are first opened for use.

(5) Compensation is to be assessed on the basis that the works will first be opened for use after the period of 5 years unless the acquiring authority confirms that, in the authority's opinion, the works will first be opened during that period (in which case compensation is to be assessed on the basis that the works will first be opened for use during that period).

(6) If the basis on which compensation was assessed proves to be incorrect—

(a) the claimant's entitlement to any compensation which the claimant has already been awarded is not affected,

(b) the acquiring authority must give the claimant a notice informing the claimant that the basis on which the compensation was assessed was incorrect,

(c) the claimant may make a further claim for compensation in respect of the compulsory acquisition, and

(d) for the purposes of the Limitation Act 1980, the further claim for compensation accrues on the day the claimant receives the notice.]

Textual Amendments

F21 Ss. 6A-6E substituted for ss. 6-9 (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(3), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4 and regs. 6, 7 which amend the new s. 6E(2)(b)(c))

F21 7 Effect of certain actual or prospective development of adjacent land in same ownership. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Ss. 6A-6E substituted for ss. 6-9 (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(3), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4 and regs. 6, 7 which amend the new s. 6E(2)(b)(c))

F21 8 Subsequent acquisition of adjacent land and acquisition governed by enactment corresponding to s. 7. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Ss. 6A-6E substituted for ss. 6-9 (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(3), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4 and regs. 6, 7 which amend the new s. 6E(2)(b)(c))

F21 9 Disregard of depreciation due to prospect of acquisition by authority possessing compulsory purchase powers. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Ss. 6A-6E substituted for ss. 6-9 (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(3), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4 and regs. 6, 7 which amend the new s. 6E(2)(b)(c))

Special Cases E+W

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 E+W

Textual Amendments

F22 S. 10 repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II

[10A F23 Expenses of owners not in occupation. E+W

Where, in consequence of any compulsory acquisition of land—

(a) the acquiring authority acquire an interest of a person who is not then in occupation of the land; and

(b) that person incurs incidental charges or expenses in acquiring, within the period of one year beginning with the date of entry, an interest in other land in the United Kingdom,

the charges or expenses shall be taken into account in assessing his compensation as they would be taken into account if he were in occupation of the land.]

Textual Amendments

F23 S. 10A inserted (25.9.1991, subject to the restrictions referred to in S.I. 1991/2067, art. 4, Sch. 2 Pt. I para. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70(a), Sch. 15 Pt. I para.2 (with s. 84(5)); S.I. 1991/2067, art.3

11 Land of statutory undertakers. E+W

In relation to compulsory acquisitions of interest in land which has been acquired by statutory undertakers (within the meaning of [F24 the Town and Country Planning Act 1971]) for the purposes of their undertaking, the provisions of this Act shall have effect subject to the provisions of subsection (5) of section forty-five of that Act (which makes special provision as to the compensation payable in respect of certain acquisitions of land so acquired).

Textual Amendments

F24 Words substituted by virtue of Town and Country Planning Act 1971 (c. 78), Sch. 24 para. 2

Modifications etc. (not altering text)

C397 S. 11 extended by Post Office Act 1969 (c. 48), Sch. 4 para. 93(1) and by Civil Aviation Act 1982 (c. 16, SIF 9), s. 19(2), Sch. 2 para. 4

C398 S. 11 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(g) (with s. 106); S.I. 2001/869, art. 2

12 Outstanding right to compensation for refusal etc. of planning permission. E+W

(1) Where, in the case of any compulsory acquisition, a planning decision or order has been made before the service of the notice to treat, and in consequence of the decision or order any person is entitled (subject to the making and determination of a claim in accordance with the relevant provisions, and to the effect of any direction by the Minister under section twenty-three or section forty-five of the M1 Town and Country Planning Act 1954) to compensation for depreciation of the value of an interest in land which consists of or includes the whole or part of the relevant land, then if—

(a) no notice stating that the compensation has become payable has been registered before the date of service of the notice to treat (whether or not a claim for compensation has been made); but

(b) such a notice is registered on or after that date;

the compensation payable in respect of the compulsory acquisition shall be assessed as if the said notice had been registered before the date of service of the notice to treat and had remained on the register of local land charges on that date.

(2) In this section any reference to compensation for depreciation of the value of an interest in land is a reference to compensation payable either—

(a) under Part II or Part V of the M2 Town and Country Planning Act 1954, in respect of depreciation of the value of that interest, or

(b) under subsection (1) of section twenty-two of the M3 Town and Country Planning Act 1947, in respect of loss or damage consisting of depreciation of the value of that interest;

any reference to registration is a reference to registration in the register of local land charges under subsection (5) of section twenty-eight of the Act of 1954, or under the provisions of that subsection as applied by section thirty-nine or section forty-six of that Act; and “the relevant provisions”, in relation to compensation under the said Part II or the said Part V, means the provisions of the said Part II, or those provisions as applied by the said Part V, and, in relation to compensation under the said subsection (1), means the provisions of regulations made under the said Act of 1947 with respect to claims for compensation under that subsection.

Modifications etc. (not altering text)

C399 References to Town and Country Planning Act 1954 (c. 72), ss. 23, 28(5) and 39 and Pts. II and V to be construed as references to Town and Country Planning Act 1971 (c. 78), ss. 36, 158(5) and 166 and Pt. VIII: ibid., Sch. 24 Pts. I, VII

C400 S. 12 applied (with modifications) (30.10.1994) by S.I. 1994/2716, reg. 97

C401 Reference to Town and Country Planning Act 1947 (c. 51), s. 22(1) to be construed as reference to Town and Country Planning Act 1971 (c. 78), s. 166: ibid., Sch. 24 para. 2

Marginal Citations

M1 1954 c. 72.

M2 1954 c. 72.

M3 1947 c. 51.

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25 E+W

Textual Amendments

F25 S. 13 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

Modifications etc. (not altering text)

C402 S. 13 applied (2.4.2004) by Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 1, 31(10)

C403 S. 13 applied (25.11.2005) by Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 31(10) (with arts. 3(5), 15(3))

Assumptions as to planning permission E+W

[F26 14 Taking account of actual or prospective planning permission. E+W

(1) This section is about assessing the value of land in accordance with rule (2) in section 5 for the purpose of assessing compensation in respect of a compulsory acquisition of an interest in land.

(2) In consequence of that rule, account may be taken—

(a) of planning permission, whether for development on the relevant land or other land, if it is in force at the relevant valuation date, and

(b) of the prospect, on the assumptions set out in subsection (5) but otherwise in the circumstances known to the market at the relevant valuation date, of planning permission being granted on or after that date for development, on the relevant land or other land, other than—

(i) development for which planning permission is in force at the relevant valuation date, and

(ii) appropriate alternative development.

(3) In addition, it may be assumed—

(a) that planning permission is in force at the relevant valuation date for any development that is appropriate alternative development to which subsection (4)(b)(i) applies, and

(b) that, in the case of any development that is appropriate alternative development to which subsection (4)(b)(ii) applies and subsection (4)(b)(i) does not apply, it is certain at the relevant valuation date that planning permission for that development will be granted at the later time at which at that date it could reasonably have been expected to be granted.

(4) For the purposes of this section, development is “appropriate alternative development” if—

(a) it is development, on the relevant land alone or on the relevant land together with other land, other than development for which planning permission is in force at the relevant valuation date, and

(b) on the assumptions set out in subsection (5) but otherwise in the circumstances known to the market at the relevant valuation date, planning permission for the development could at that date reasonably have been expected to be granted on an application decided—

(i) on that date, or

(ii) at a time after that date.

(5) The assumptions referred to in subsections (2)(b) and (4)(b) are—

(a) that the scheme of development underlying the acquisition had been cancelled on the launch date,

(b) that no action has been taken (including acquisition of any land, and any development or works) by the acquiring authority wholly or mainly for the purposes of the scheme,

(c) that there is no prospect of the same scheme, or any other project to meet the same or substantially the same need, being carried out in the exercise of a statutory function or by the exercise of compulsory purchase powers, and

(d) if the scheme was for use of the relevant land for or in connection with the construction of a highway (“the scheme highway”), that no highway will be constructed to meet the same or substantially the same need as the scheme highway would have been constructed to meet.

(6) In subsection (5)(a) “the launch date” means whichever of the following dates applies—

(a) if the acquisition is authorised by a compulsory purchase order, the date of first publication of the notice required under section 11 of the Acquisition of Land Act 1981 or (as the case may be) paragraph 2 of Schedule 1 to that Act,

(b) if the acquisition is authorised by any other order—

(i) the date of first publication, or

(ii) the date of service,

of the first notice that, in connection with the acquisition, is published or served in accordance with any provision of or made under any Act, or

(c) if the acquisition is authorised by a special enactment other than an order, the date of first publication of the first notice that, in connection with the acquisition, is published in accordance with any Standing Order of either House of Parliament relating to private bills;

and in paragraph (a) “compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981.

(7) In subsection (5)(d) references to the construction of a highway include its alteration or improvement.

(8) If there is a dispute as to what is to be taken to be the scheme mentioned in subsection (5) (“the underlying scheme”) then, for the purposes of this section, the underlying scheme is to be identified by the Upper Tribunal as a question of fact, subject as follows—

(a) the underlying scheme is to be taken to be the scheme provided for by the Act, or other instrument, which authorises the compulsory acquisition unless it is shown (by either party) that the underlying scheme is a scheme larger than, but incorporating, the scheme provided for by that instrument, and

(b) except by agreement or in special circumstances, the Upper Tribunal may permit the acquiring authority to advance evidence of such a larger scheme only if that larger scheme is one identified in the following read together—

(i) the instrument which authorises the compulsory acquisition, and

(ii) any documents published with it.

(9) For the purposes of the references to planning permission in subsections (2)(a) and (b)(i) and (4)(a) and section 15(1)(b), it is immaterial whether any planning permission was granted—

(a) unconditionally or subject to conditions, or

(b) on an ordinary application, on an outline application or by virtue of a development order,

or is planning permission that, in accordance with any direction or provision given or made by or under any enactment, is deemed to have been granted.]

Textual Amendments

F26 Ss. 14, 15 substituted (6.4.2012) for ss. 14-16 by Localism Act 2011 (c. 20), ss. 232(2), 240(2) (with s. 232(8)); S.I. 2012/628, art. 8(d) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F27 15 Planning permission to be assumed for acquiring authority's proposals E+W

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Textual Amendments

F27 S. 15 omitted (22.9.2017) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 32(4)(a), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4)

F26 16 Special assumptions in respect of certain land comprised in development plans. E+W

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Textual Amendments

F26 Ss. 14, 15 substituted (6.4.2012) for ss. 14-16 by Localism Act 2011 (c. 20), ss. 232(2), 240(2) (with s. 232(8)); S.I. 2012/628, art. 8(d) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

Part III E+W Certification by Planning Authorities of Appropriate Alternative Development

[F28 17 Certificates of appropriate alternative development E+W

(1) Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, either of the parties directly concerned may (subject to subsection (2)) apply to the local planning authority for a certificate containing whichever of the following statements is the applicable statement—

(a) that in the local planning authority's opinion there is development that, for the purposes of section 14, is appropriate alternative development in relation to the acquisition;

(b) that in the local planning authority's opinion there is no development that, for the purposes of section 14, is appropriate alternative development in relation to the acquisition.

(2) If—

(a) the acquiring authority have served a notice to treat in respect of the interest or an agreement has been made for the sale of the interest to that authority, and

(b) a reference has been made to the Upper Tribunal to determine the amount of the compensation payable in respect of the interest,

no application for a certificate under this section may be made after the making of that reference by either of the parties directly concerned except with the consent in writing of the other party directly concerned or the permission of the Upper Tribunal.

(3) An application for a certificate under this section—

(a) must contain whichever of the following statements is the applicable statement—

(i) that in the applicant's opinion there is development that, for the purposes of section 14, is appropriate alternative development in relation to the acquisition concerned;

(ii) that in the applicant's opinion there is no development that, for the purposes of section 14, is appropriate alternative development in relation to the acquisition concerned;

(b) must, if it contains a statement under paragraph (a)(i), specify—

(i) each description of development that in the applicant's opinion is, for the purposes of section 14, appropriate alternative development in relation to the acquisition, and

(ii) the applicant's reasons for holding that opinion; and

(c) must be accompanied by a statement specifying the date on which a copy of the application has been or will be served on the other party directly concerned.

(4) Where an application is made to the local planning authority for a certificate under this section in respect of an interest in land, the local planning authority must not, without the agreement of the other party directly concerned, issue a certificate to the applicant before the end of 22 days beginning with the date specified in the statement under subsection (3)(c).

(5) If a certificate under this section contains a statement under subsection (1)(a) it must also—

(a) identify every description of development (whether specified in the application or not) that in the local planning authority's opinion is, for the purposes of section 14, appropriate alternative development in relation to the acquisition concerned, and

(b) give a general indication—

(i) of any conditions to which planning permission for the development could reasonably have been expected to be subject,

(ii) of when the permission could reasonably have been expected to be granted if it is one that could reasonably have been expected to be granted only at a time after the relevant valuation date, and

(iii) of any pre-condition for granting the permission (for example, entry into an obligation) that could reasonably have been expected to have to be met.

(6) If a certificate under this section contains a statement under subsection (1)(a)—

(a) then, for the purposes of section 14, development is appropriate alternative development in relation to the acquisition concerned if, and only if, it is of a description identified in accordance with subsection (5)(a) in the certificate, and

(b) the matters indicated in accordance with subsection (5)(b) in the certificate are to be taken to apply in relation to the planning permission that under section 14(3) may be assumed to be in force for that development.

(7) If a certificate under this section contains a statement under subsection (1)(b) then, for the purposes of section 14, there is no development that is appropriate alternative development in relation to the acquisition concerned.

(8) References in subsections (5) to (7) to a certificate under this section include references to the certificate as varied and to any certificate issued in place of the certificate.

(9) On issuing to one of the parties directly concerned a certificate under this section in respect of an interest in land, the local planning authority must serve a copy of the certificate on the other of those parties.

(10) In assessing any compensation payable to any person in respect of any compulsory acquisition, there must be taken into account any expenses reasonably incurred by the person in connection with the issue of a certificate under this section (including expenses incurred in connection with an appeal under section 18 where any of the issues are determined in the person's favour).

(11) For the purposes of this section and sections 18 to 20, the Broads Authority is the sole district planning authority for the Broads; and here “ the Broads ” has the same meaning as in the Norfolk and Suffolk Broads Act 1988. ]

Textual Amendments

F28 S. 17 substituted (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(3), 240(2) (with s. 232(8)); S.I. 2012/628, art. 8(d) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

[F29 18 Appeal to Upper Tribunal against certificate under section 17 E+W

(1) Where the local planning authority have issued a certificate under section 17 in respect of an interest in land—

(a) the person for the time being entitled to that interest, or

(b) any authority possessing compulsory purchase powers by whom that interest is proposed to be, or is, acquired,

may appeal to the Upper Tribunal against that certificate.

(2) On any appeal under this section against a certificate, the Upper Tribunal—

(a) must consider the matters to which the certificate relates as if the application for a certificate under section 17 had been made to the Upper Tribunal in the first place, and

(b) must—

(i) confirm the certificate, or

(ii) vary it, or

(iii) cancel it and issue a different certificate in its place,

as the Upper Tribunal may consider appropriate.

(3) Where an application is made for a certificate under section 17, and at the expiry of the time prescribed by a development order for the issue of the certificate (or, if an extended period is at any time agreed upon in writing by the parties and the local planning authority, at the end of that period) no certificate has been issued by the local planning authority in accordance with that section, the preceding provisions of this section apply as if the local planning authority has issued such a certificate containing a statement under section 17(1)(b).]

Textual Amendments

F29 S. 18 substituted (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(3), 240(2) (with s. 232(8)); S.I. 2012/628, art. 8(d) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

19 Extension of ss. 17 and 18 to special cases. E+W

( 1 ) Where an interest in land is proposed to be acquired [F30 by an authority possessing compulsory purchase powers ] , and, by reason that the person entitled to the interest is absent from the United Kingdom or cannot be found, the compensation payable in respect of the interest falls to be determined by the valuation of a surveyor under section fifty-eight of the M4 Lands Clauses Consolidation Act 1845, the surveyor, before carrying out his valuation, may apply to the local planning authority for a certificate under the said section seventeen; and the provisions of that section and of section eighteen of this Act shall apply in relation to an application made by virtue of this subsection as they apply in relation to an application made by virtue of subsection (1) of the said section seventeen.

(2) Where, in pursuance of an application made by virtue of subsection (1) of this section, the local planning authority issue a certificate to the surveyor, the authority shall serve copies of the certificate on both the parties directly concerned.

(3) An application for a certificate made by virtue of subsection (1) of this section shall specify the matters referred to in [F31 paragraphs (a) and (b)] of subsection (3) of the said section seventeen, and shall be accompanied by a statement specifying the date on which a copy of the application has been or will be served on each of the parties directly concerned; and, in relation to such an application, subsection (4) of that section shall have effect with the substitution, for the reference to the date specified in the statement mentioned in [F31 paragraph (c)] of the said subsection (3), of a reference to the date specified in accordance with this subsection, or, where more than one date is so specified, the later of those dates.

Textual Amendments

F30 Words in s. 19(1) substituted (25.9.1991, subject to the restrictions referred to in S.I. 1991/2067 , art. 4 , Sch. 2 Pt. II para. 5(1) ) by Planning and Compensation Act 1991 (c. 34, SIF 28:1) , s. 70(b) , Sch. 15 Pt. II para.17 (with s. 84(5) ); S.I. 1991/2067 , art.3

F31 Words substituted by Community Land Act 1975 (c. 77) , Sch. 10 para. 4(3)(5) ; continued by Local Government, Planning and Land Act 1980 (c. 65) , Sch. 33 para. 5(1)(4)(5) in relation to applications, or certificates issued in pursuance of applications, made after 12.12.1975

Modifications etc. (not altering text)

C404 S. 19(1) amended by Compulsory Purchase Act 1965 (c. 56) , Sch. 7

Marginal Citations

M4 1845 c. 18 .

20 Power to prescribe matters relevant to Part III. E+W

The provisions which may be made by a development order shall include provision for regulating the manner in which applications under section seventeen or nineteen of this Act F32 ... are to be made and dealt with F33 ..., and in particular—

(a) for prescribing (subject to the provisions of subsection (4) of section seventeen of this Act) the time within which a certificate is required to be issued under that section;

F34 ( b ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) for requiring local planning authorities to furnish the Minister, and such other persons (if any) as may be prescribed by or under the order, with such information as may be so prescribed with respect to applications under the said section seventeen or the said section nineteen, including information whether any such application has been made in respect of any particular land and information as to the manner in which any such application has been dealt with, together, in such cases as may be so prescribed, with copies of certificates issued under the said section seventeen;

F35 ( d ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 Words in s. 20 repealed (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(4)(a)(i), 240(2), Sch. 25 Pt. 34 (with s. 232(8)); S.I. 2012/628, art. 8(d)(e) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F33 Word in s. 20 repealed (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(4)(a)(ii), 240(2), Sch. 25 Pt. 34 (with s. 232(8)); S.I. 2012/628, art. 8(d)(e) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F34 S. 20(b) repealed (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(4)(b), 240(2), Sch. 25 Pt. 34 (with s. 232(8)); S.I. 2012/628, art. 8(d)(e) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F35 S. 20(d) repealed (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(4)(c), 240(2), Sch. 25 Pt. 34 (with s. 232(8)); S.I. 2012/628, art. 8(d)(e) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F36 21 Proceedings for challenging validity of decision on appeal under s. 18. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 S. 21 repealed (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(5), 240(2), Sch. 25 Pt. 34 (with s. 232(8)); S.I. 2012/628, art. 8(d)(e) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

22 Interpretation of Part III. E+W

(1) In this Part of this Act “ the parties directly concerned ”, in relation to an interest in land, means the person entitled to the interest and the [F37 acquiring authority].

( 2 ) For the purposes of sections seventeen [F38 to nineteen] of this Act, an interest in land shall be taken to be an interest proposed to be acquired by an authority possessing compulsory purchase powers in the following (but no other) circumstances, that is to say—

(a) where, for the purposes of a compulsory acquisition by that authority of land consisting of or including land in which that interest subsists, a notice required to be published or served in connection with that acquisition, either by an Act or by any Standing Order of either House of Parliament relating to petitions for private bills, has been published or served in accordance with that Act or Order; or

(b) where a notice requiring the purchase of that interest has been served under any enactment, and in accordance with that enactment that authority are to be deemed to have served a notice to treat in respect of that interest; or

(c) where an offer in writing has been made by or on behalf of that authority to negotiate for the purchase of that interest.

F39 ( 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37 Words in s. 22(1) substituted (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(6)(a), 240(2) (with s. 232(8)); S.I. 2012/628, art. 8(d) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F38 Words in s. 22(2) substituted (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(6)(b), 240(2) (with s. 232(8)); S.I. 2012/628, art. 8(d) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F39 S. 22(3) repealed (25.9.1991, subject to the restrictions referred to in S.I. 1991/2067 , art. 4 , Sch. 2 Pt. II paras. 5(1) , 7(2) ) by Planning and Compensation 1991 (c. 34, SIF 28:1) , ss. 70(b) , 84(6) , Sch. 15 Pt. II para. 18 , Sch. 19 Pt.III (with s. 84(5) ); S.I. 1991/2067 , art.3

Modifications etc. (not altering text)

C405 S. 22 modified by Local Government, Planning and Land Act 1980 (c. 65) , s. 141 , Sch. 27 paras. 9 , 12

C406 S. 22(2) modified by Housing Act 1988 (c. 50, SIF 61) , s. 76(5)(6) , Sch. 9 Pt. II para. 9(a)

S. 22(2) modified (10.11.1993) by 1993 c. 28 , s. 161(4) , Sch. 19 para.4 ; S.I. 1993/2762 , art.3

F40 Part IV E+W Compensation where Permission for Additional Development Granted after Acquisition

Textual Amendments

F40 Pt. IV omitted (22.9.2017) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 33(1)(a), 46(1); S.I. 2017/936, reg. 3(c)

F40 23 Compensation where planning decision made after acquisition. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40 24 Provisions as to claims under section 23. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40 25 Extension to planning permission where no planning decision made. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40 26 Extension to Crown development. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40 27 Application of Part IV to certain cases. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40 28 Regulations for purposes of Part IV. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40 29 Interpretation of Part IV. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V E+W Miscellaneous and General

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41 E+W

Textual Amendments

F41 S. 30 repealed by Land Compensation Act 1973 (c. 26), Sch. 3

31 Withdrawal of notices to treat. E+W

(1) Where a claimant has delivered such a notice as is mentioned in paragraph (b) of subsection (1) of section four of this Act, the acquiring authority may, at any time within six weeks after the delivery thereof, withdraw any notice to treat which has been served on him or on any other person interested in the land authorised to be acquired.

(2) Where a claimant has failed to deliver a notice as required by the said paragraph (b), the acquiring authority may, at any time after the decision of the [F42 Upper Tribunal] on his claim but not later than six weeks after the claim has been finally determined, withdraw any notice to treat which has been served on him or on any other person interested in the land authorised to be acquired, unless the authority have entered into possession of the land by virtue of the notice.

(3) Where the acquiring authority withdraw a notice to treat under this section, the authority shall be liable to pay compensation to the person to whom it was given for any loss or expenses occasioned to him by the giving and withdrawal of the notice, but if the notice is withdrawn under subsection (2) of this section not for any loss or expenses incurred by the claimant mentioned therein after the time when, in the opinion of the [F43 Upper Tribunal], a proper notice of claim should have been delivered by him.

(4) The amount of any compensation payable under subsection (3) of this section shall, in default of agreement, be determined by the [F44 Upper Tribunal].

(5) So long as the acquiring authority are entitled to withdraw a notice to treat under subsection (2) of this section, the authority shall not be compellable to take the land to which the notice relates or to pay any compensation awarded in respect of the taking.

(6) For the purposes of this section, a claim shall not be deemed to be finally determined so long as the time for requiring the [F45 Upper Tribunal] to state a case with respect thereto, or for appealing from any decision on the points raised by a case so stated, has not expired.

Textual Amendments

F42 Words in s. 31(2) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 43 (with Sch. 5)

F43 Words in s. 31(3) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 43 (with Sch. 5)

F44 Words in s. 31(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 43 (with Sch. 5)

F45 Words in s. 31(6) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 43 (with Sch. 5)

Modifications etc. (not altering text)

C407 S. 31 excluded by Forestry Act 1967 (c. 10), s. 22(5), Agriculture Act 1967 (c. 22), s. 49(7)(ii), Town and Country Planning Act 1971 (c. 78), s. 208, Land Compensation Act 1973 (c. 26), s. 54(4), Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 7(3) and Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 139(5), 143(8), 146(6), 147, 167

C408 S. 31 restricted by Housing Act 1985 (c. 68, SIF 61), s. 227(2)

C409 S. 31 excluded (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 9(6) (with arts. 27(2), 39, Sch. 10 para. 4)

32 Rate of interest after entry on land. E+W

(1) The rate of interest on any compensation in respect of the compulsory acquisition of an interest in any land on which entry has been made before the payment of the compensation shall (instead of being the rate of five per cent. specified under section eighty-five of the M5 Lands Clauses Consolidation Act 1845) be such rate as may from time to time be prescribed by regulations made by the Treasury.

(2) Any such regulations shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subordinate Legislation Made

P1 S. 32: for previous exercises of this power, see Index to Government Orders.

P2 S. 32(1): power exercised (3.12.1991) by S.I.1991/2732.

Modifications etc. (not altering text)

C410 S. 32 applied with modifications by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 13(3), Sch. 3 paras. 4, 5(a)

C411 S. 32 applied (25.9.1991, subject to the restrictions referred to in S.I. 1991/2067, art. 4, Sch. 2 Pt. I) by Land Compensation Act 1973 (c. 26, SIF 28:1), s. 52A(8)(a) (as inserted by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 63(2)); S.I. 1991/2067, arts. 3, 4)

S. 32 applied (25.9.1995) by S.I. 1995/2248, art. 5(3)

C412 S. 32 applied (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 5 para. 8(1) (with regs. 1(3), 77-79, Sch. 4)

C413 S. 32 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 30(7)

Marginal Citations

M5 1845 c. 18.

33 Application of Act to Crown. E+W

This Act applies in relation to the acquisition of interests in land (whether compulsorily or by agreement) by government departments, being authorities possessing compulsory purchase powers, as it applies in relation to the acquisition of interests in land by such authorities which are not government departments.

34 Special provision as to ecclesiastical property in England. E+W

(1) [F46 Where ecclesiastical property in England is vested in the incumbent of a benefice which is vacant it shall be treated for the purposes of this Act as being vested in the Diocesan Board of Finance for the diocese in which the land is situated.]

(2) In this section “ecclesiastical property” means land belonging to any ecclesiastical benefice [F47 of the Church of England], or being or forming part of a church subject to the jurisdiction of a bishop of any diocese [F47 of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction.

Textual Amendments

F46 S. 34(1) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 8(a); 2006 No. 2, Instrument made by Archbishops

F47 Words in s. 34(2) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 8(b); 2006 No. 2, Instrument made by Archbishops

35 Certificates of value. E+W

The [F48 Upper Tribunal] may on the application of any person certify the value of land being sold by him to an authority possessing compulsory purchase powers, and the sale of the land to that authority at the price so certified shall be deemed to be a sale at the best price that can reasonably be obtained.

Textual Amendments

F48 Words in s. 35 substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 44 (with Sch. 5)

36 Saving for certain statutory purchases of statutory undertakings. E+W

(1) Nothing in this Act shall apply to any purchase of the whole or any part of any statutory undertaking under any enactment in that behalf prescribing the terms on which the purchase is to be effected.

(2) In this section, “statutory undertaking” means an undertaking established by an enactment.

37 Local inquiries. E+W

The Minister may cause a local inquiry to be held for the purpose of the exercise of any of his functions under this Act; and the provisions of subsections (2) to (5) of [F49 section 250 of the M6 Local Government Act 1972] (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall have effect with respect to any such inquiry.

Textual Amendments

F49 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)

Marginal Citations

M6 1972 c. 70.

38 Services of notices. E+W

(1) Subject to the provisions of this section, any notice or other document required or authorised to be served or given under Part III F50 ... of this Act may be served or given either—

(a) by delivering it to the person on whom it is to be served or to whom it is to be given; or

(b) by leaving it at the usual or last known place of abode of that person, or, in a case in which an address for service has been furnished by that person, at that address; or

(c) by sending it in a pre-paid registered letter addressed to that person at his usual or last known place of abode, or, in a case in which an address for service has been furnished by that person, at that address; or

(d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a pre-paid registered letter addressed to the secretary or clerk of the company or body at that office.

(2) Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, the notice shall be deemed to be duly served if—

(a) being addressed to him either by name or by the description of “the owner” of the premises (describing them) it is delivered or sent in the manner mentioned in paragraph (a), (b) or (c) of subsection (1) of this section; or

(b) being addressed as aforesaid and marked in the manner for the time being prescribed by regulations under [F51 the M7 Town and Country Planning Act 1971], for securing that notices thereunder are plainly identifiable as a communication of importance, it is sent in a pre-paid registered letter to the premises and is not returned to the authority sending it, or is delivered to some person on those premises or is affixed conspicuously to some object on those premises.

Textual Amendments

F50 Words in s. 38(1) omitted (22.9.2017) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 33(2), 46(1); S.I. 2017/936, reg. 3(c)

F51 Words substituted by virtue of Town and Country Planning Act 1971 (c. 78), Sch. 24 para. 2

Modifications etc. (not altering text)

C414 References to registered letter to be construed as including references to letter sent by recorded delivery service: Recorded Delivery Service Act 1962 (c. 27), s. 1(1)(2), Sch. para. 1

Marginal Citations

M7 1971 c. 78.

39 Interpretation. E+W

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

• “acquiring authority”, in relation to an interest in land, means the person or body of persons by whom the interest is, or is proposed to be, acquired;

• “authority possessing compulsory purchase powers”, where it occurs otherwise than in relation to a transaction, means any person or body of persons who could be or have been authorised to acquire an interest in land compulsorily, and, in relation to any transaction, means any person or body of persons who could be or have been so authorised for the purposes for which the transaction is or was effected or a parish council [F52 community council] or parish meeting on whose behalf [F52 district council][F53 , county council or county borough council] could be or have been so authorised;

• “building” includes any structure or erection and any part of a building as so defined, but does not include plant or machinery comprised in a building;

• “the current development plan”, in relation to any land, means a development plan comprising that land, in the form in which (whether as originally approved or made . . . F54 or as for the time being amended) that plan is in force on the date of service of the notice to treat;

• “development” has the meaning assigned to it by [F55 section 22 of the M8 Town and Country Planning Act 1971], and “develop” shall be construed accordingly;

• “development order” means an order under subsection (1) of [F55 section 24 of the Town and Country Planning Act 1971];

• “development plan” has the meaning assigned to it by section five of the M9 Town and Country Planning Act 1947, and includes a plan made under subsection (5) of that section;

• “enactment” includes an enactment in any local or private Act of Parliament and an order, rule, regulation, byelaw or scheme made under an Act of Parliament.

• “land” means any corporeal hereditament, including a building as defined by this section, and includes any interest or right in or over land and any right to water;

• “local enactment” means any local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure;

• [F56 “local planning authority” shall be construed in accordance with Part I of the Town and Country Planning Act 1990;]

• “the Minister” means [F57 the Secretary of State];

• “outline application” means an application for planning permission subject to subsequent approval on any matters;

• “planning decision” means a decision made on an application under [F55 Part III of the Town and Country Planning Act 1971];

• “planning permission” means permission under [F55 Part III of the Town and Country Planning Act 1971];

• “special enactment” means a local enactment, or a provision contained in an Act other than a local or private Act, being a local enactment or provision authorising the compulsory acquisition of land specifically identified therein;

• “tenancy” has the same meaning as in the M10 Landlord and Tenant Act 1954.

(2) In this Act, in relation to a compulsory acquisition in pursuance of a notice to treat, “the relevant interest” means the interest acquired in pursuance of that notice, “the relevant land” means the land in which the relevant interest subsists, and “the notice to treat” means the notice to treat in pursuance of which the relevant interest is acquired.

(3) As respects references in this Act to planning decisions—

(a) in relation to a decision altered on appeal by the reversal or variation of the whole or any part thereof, such references shall be construed as references to the decision as so altered;

(b) in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the local planning authority and not to the decision of the Minister on the appeal;

(c) in relation to a decision given on an appeal made by virtue of [F55 section 37 of the M11 Town and Country Planning Act 1971], in default of a decision by the local planning authority, such references shall be construed as references to the decision so given;

(d) the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the local planning authority, whether or not that decision is or was altered as aforesaid on that appeal, or, in the case of such a decision as is mentioned in paragraph (c) of this subsection, the time when by virtue of [F55 section 37 of the Town and Country Planning Act 1971], the notification of a decision by the local planning authority is deemed to have been given.

(4) References in this Act to a contract are references to a contract in writing or a contract attested by a memorandum or note thereof in writing, signed by the parties thereto or by some other person or persons authorised by them in that behalf, and, in relation to an interest in land conveyed or assigned without a preliminary contract, are references to the conveyance or assignment; and references to the making of a contract are references to the execution thereof or (if it was not in writing) to the signature of the memorandum or note by which it was attested.

(5) References in this Act—

(a) to a person from whom title is derived by another person include references to any predecessor in title of that other person;

(b) to a person deriving title from another person include references to any successor in title of that other person;

(c) to deriving title are references to deriving title either directly or indirectly.

(6) For the purposes of this Act, a person entitled to two interests in land shall be taken to be entitled to them in the same capacity if, but only if, he is entitled—

(a) to both of them beneficially, or

(b) to both of them as trustee of one particular trust, or

(c) to both of them as personal representative of one particular person.

(7) For the purposes of this Act development of land shall be taken to be initiated—

(a) if the development consists of the carrying out of operations, at the time when those operations are begun;

(b) if the development consists of a change in use, at the time when the new use is instituted;

(c) if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in the preceding paragraphs.

(8) References in this Act to a notice to treat include references to a notice to treat which, under any enactment, is deemed to have been served, and references to the service of such a notice and to the date of service shall be construed accordingly.

(9) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any other enactment.

Textual Amendments

F52 Words inserted by S.I. 1976/315, art. 4(4)

F53 Words in definition of

“authority possessing compulsory purchase powers”

in s. 39(1) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 17 (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F54 Word repealed by Town and Country Planning Act 1968 (c. 72), Sch. 11

F55 Words substituted by virtue of Town and Country Planning Act 1971 (c. 78), Sch. 24 para. 2

F56 Definition of

“local planning authority”

in s. 39(1) substituted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 4(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F57 Words substituted by virtue of S.I. 1965/319, art. 2, Sch. 1 Pt. I and 1970/1681, arts. 2, 6(3)

Modifications etc. (not altering text)

C415 Definition of “development plan” explained by Town and Country Planning Act 1971 (c. 78), s. 20

C416 S. 39(2) modified by Local Government, Planning and Land Act 1980 (c. 65), s. 141, Sch. 27 paras. 9, 13 and by Housing Act 1988 (c. 50, SIF 61), s. 76(5)(6), Sch. 9 Pt. II para. 10

S. 39(2) modified (10.11.1993) by 1993 c. 28, s. 161(4), Sch. 19 para. 5; S.I. 1993/2762, art. 3

Marginal Citations

M8 1971 c. 78

M9 1947 c. 51

M10 1954 c. 56

M11 1971 c. 78

40 †Consequential amendments, repeals, and transitional provisions. E+W

(1) Any enactment or document referring to an enactment repealed by this Act shall be construed as referring to the corresponding enactment in this Act.

(2) Without prejudice to the generality of subsection (1) of this section—

(a) any enactment excluding the power conferred by subsection (2) of section five of the M12 Acquisition of Land (Assessment of Compensation) Act 1919, to withdraw notices to treat shall be construed as excluding any such power conferred by section thirty-one of this Act; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(4) The mention of particular matters in this section shall not be taken to affect the general application to this Act of [F60 sections 16(1) and 17(2)(a) of the M13 Interpretation Act 1978] (which relates to the effect of repeals).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Textual Amendments

F58 S. 40(2)(b) provides for amendments of enactments specified in Sch. 4

F59 S. 40(3) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

F60 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

F61 S. 40(5) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

Modifications etc. (not altering text)

C417 Unreliable marginal note

Marginal Citations

M12 1919 c. 57.

M13 1978 c. 30.

41 Saving for transactions before commencement of Act. E+W

This Act (including the amendments and repeals made by it) shall not have effect in relation to any compulsory acquisition in pursuance of a notice to treat served before the commencement of this Act . . . F62 ; nor in relation to any sale of an interest in land by agreement in pursuance of a contract made before the commencement of this Act.

Textual Amendments

F62 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

42 Short title, commencement and extent. E+W

(1) This Act may be cited as the Land Compensation Act 1961.

(2) This Act shall come into operation on the first day of August, nineteen hundred and sixty-one.

(3) This Act does not extend to Scotland or Northern Ireland.

SCHEDULES

Sections 6, 7

F63 FIRST SCHEDULE E+W Actual or Prospective Development relevant for purposes of Sections 6 & 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63 Sch. 1 omitted (22.9.2017) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 32(4)(b), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4)

SECOND SCHEDULE E+W . . . F64

Textual Amendments

F64 Sch. 2 repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(2), Sch. 12 Pt. II

F65 THIRD SCHEDULE E+W Application of Part IV to Certain Cases

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65 Sch. 3 omitted (22.9.2017) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 33(1)(b), 46(1); S.I. 2017/936, reg. 3(c)

Section 40.

FOURTH SCHEDULE E+W ENACTMENTS AMENDED

The Town and Country Planning Act, 1944, and that Act as applied by the New Towns Act, 1946 E+W

1—5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

Textual Amendments

F66 Sch. 4 paras. 1–5 repealed by New Towns Act 1965 (c. 59), Sch. 12

6, 7. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

Textual Amendments

F67 Sch. 4 paras. 6, 7 repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 6 Pt. I

The Lands Tribunal Act, 1949 E+W

8 E+W In subsection (6) of section one, for the words “an authority to whom the Acquisition of Land Act applies” there shall be substituted the words “any person”.

Modifications etc. (not altering text)

C418 The text of Sch. 4 para. 8 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

9, 10. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

Textual Amendments

F68 Sch. 4 paras. 9, 10 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

FIFTH SCHEDULE F69 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69 Sch. 5 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI