Agriculture Act 1947

Provisions as to compulsory acquisition of land E+W

92 Procedure for compulsory purchase of land. E+W

(1) Subject to the provisions of this section, where under any provision of this Act power is conferred on the Minister . . . F1 to purchase land compulsorily, the power shall be exercisable for the purchase of any particular land on the Minister . . . F1 being authorised so to purchase the land in accordance with the provisions of the [F2 Acquisition of Land Act 1981], . . . F3 . . . F4

(2) Where under any provision of this Act power is conferred on the Minister to purchase any particular land compulsorily on the giving of a certificate by him, the certificate shall have effect as if it were a compulsory purchase order made under [F5 Acquisition of Land Act 1981], and—

[F6 (a) where the certificate relates to land falling within Part III of the Acquisition of Land Act 1981 the certificate shall be embodied in an order of the Minister, and the said Part III shall apply accordingly;

(b) Part I of the Compulsory Purchase Act 1965 and sections 3 and 4 of, and Schedule 2 to, the said Act of 1981 shall have effect in relation to the purchase, and anything which under those provisions may be provided by a compulsory purchase order may be provided by the said certificate;

(c) in the application of Part IV of the said Act of 1981 to the certificate, for references to first publication of notice of the making of an order there shall be substituted references to the service of notice of the giving of the certificate, and the relevant requirements mentioned in section 23(3) of the said Act of 1981 shall include the requirements of this Act as to the proceedings to be taken before the giving of the certificate]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F1 Words repealed by Agriculture Act 1970 (c. 40), s. 113(3), Sch. 5 Pt. III

F2 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 1, Table

F3 Words and s. 92(1)(a)(b) repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I

F4 Proviso repealed by Statute Law Revision Act 1953 (c. 5)

F5 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 3(3)

F6 S. 92(2)(a)–(c) substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 3(4)

F7 S. 92(3) repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII

Modifications etc. (not altering text)

C1 S. 92 extended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

93 Compulsory hiring of land. E+W

(1) The Minister may with the approval of the Treasury make regulations for giving effect to the provisions of this Act as to the compulsory hiring of land, and regulations under this section may provide—

(a) for prescribing the procedure for the compulsory hiring of land under this Act, being such procedure as appears to the Minister to correspond as nearly as may be with the procedure for the compulsory purchase of land under this Act;

(b) for applying to the compulsory hiring of land, with such adaptations, exceptions or modifications as appear to the Minister requisite, provisions of the Lands Clauses Acts, sections seventy-seven to eighty-five of the M1 Railways Clauses Consolidation Act 1845, [F8 the M2 Land Compensation Act 1961], the [F9 Acquisition of Land Act 1981], . . . F10 and any other provision which had effect in relation to the compulsory hiring of land under any enactment repealed by this Act;

(c) for determining the terms and conditions of a compulsory hiring other than the rent;

(d) for requiring questions arising on the determination of a compulsory hiring to be determined by arbitration.

(2) Regulations under this section may apply generally to all compulsory hirings under this Act or may make different provisions for different classes of such hirings.

Textual Amendments

F8 Words substituted by virtue of Land Compensation Act 1961 (c. 33), s. 40(1)

F9 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 1, Table

F10 Words repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

Marginal Citations

M1 1845 c. 20.

M2 1961 c. 33.

94 Limitation of period of compulsory hiring. E+W

(1) Subject to the provisions of this section, no compulsory hiring of land under this Act shall be for a term longer than thirty-five years.

(2) For the avoidance of doubt it is hereby declared that the fact that the Minister . . . F11 is in possession of land by virtue of a compulsory hiring thereof does not prevent the Minister . . . F11 purchasing the land compulsorily.

(3) Where land has been compulsorily hired under this Act or any enactment thereby repealed and the person who but for the hiring would be entitled to possession of the land requires the land or part thereof for any purpose for which it appears to the Minister expedient that the said person should resume possession thereof, the said person may with the consent of the Minister resume possession of the land or part thereof in question—

(a) in the case of land hired by the Minister, within such period after the granting of the Minister’s consent as the Minister may specify;

(b) in the case of land hired by a smallholdings authority, upon giving to the authority twelve months’ previous notice in writing of his intention so to do or such shorter notice as may have been specified for the purposes of this subsection in the order authorising the compulsory hiring of the land;

and if possession is resumed by the said person of part only of the land, the rent payable as from the date of resumption in respect of the hiring of the remainder of the land shall be reduced in such proportion as in default of agreement may be determined in the like manner as under the last foregoing section rent is determined for the compulsory hiring of land under this Act.

Textual Amendments

F11 Words repealed by Agriculture Act 1970 (c. 40), s. 113(3), Sch. 5 Pt. III