Land Compensation Act 1961

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 [F1 community council] or parish meeting on whose behalf [F1 district council][F2 , 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 . . . F3 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 [F4 section 22 of the M1 Town and Country Planning Act 1971], and “develop” shall be construed accordingly;

• “development order” means an order under subsection (1) of [F4 section 24 of the Town and Country Planning Act 1971];

• “development plan” has the meaning assigned to it by section five of the M2 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;

• [F5 “local planning authority” shall be construed in accordance with Part I of the Town and Country Planning Act 1990;]

• “the Minister” means [F6 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 [F4 Part III of the Town and Country Planning Act 1971];

• “planning permission” means permission under [F4 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 M3 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 [F4 section 37 of the M4 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 [F4 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

F1 Words inserted by S.I. 1976/315, art. 4(4)

F2 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

F3 Word repealed by Town and Country Planning Act 1968 (c. 72), Sch. 11

F4 Words substituted by virtue of Town and Country Planning Act 1971 (c. 78), Sch. 24 para. 2

F5 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)

F6 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)

C1 Definition of “development plan” explained by Town and Country Planning Act 1971 (c. 78), s. 20

C2 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

M1 1971 c. 78

M2 1947 c. 51

M3 1954 c. 56

M4 1971 c. 78