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Acquisition of Land Act 1981
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Changes over time for: Section 12
Changes to legislation:
Acquisition of Land Act 1981, Section 12 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by 2023 asc 3 s. 43(2)
- Act applied by 2023 asc 3 s. 50(13)
- Act applied by 2023 asc 3 s. 137(6)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 7(4) inserted by 2023 c. 55 Sch. 18 para. 3(2)(b)
- s. 26(1A)-(3) substituted for s. 26(1)(2) by 2023 c. 55 Sch. 18 para. 3(3)
12 Notices to owners, lessees [F1, occupiers and others]. E+W
(1)The acquiring authority shall serve on every [F2qualifying person] a notice in the prescribed form—
(a)stating the effect of the order,
(b)stating that it is about to be submitted for confirmation, [F3and]
[F4(ba)(subject to section 11(2A)) naming a place within the locality where a copy of the order and of the map referred to in it may be inspected,
(bb)specifying a website on which those copies may be viewed, and]
[F5(c)specifying the time (not being less than twenty-one days from service of the notice) within which, and the manner in which, objections to the order can be made.]
[F5(c)specifying the final day for making objections to the order, and the manner in which objections can be made.]
(2)[F6A person is a qualifying person, in relation to land comprised in an order, if—
(a)he is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land, F7...
(b)he falls within subsection (2A) [F8, or
(c)the person is entitled to the benefit of an obligation under a conservation covenant (within the meaning of Part 7 of the Environment Act 2021) relating to the land.]
(2A)A person falls within this subsection if he is—
(a)a person to whom the acquiring authority would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or
(b)a person the acquiring authority thinks is likely to be entitled to make a relevant claim if the order is confirmed and the compulsory purchase takes place, so far as he is known to the acquiring authority after making diligent inquiry.
(2B)A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).]
(3)Where under this section any notice is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the [F9Church Commissioners] [F9Diocesan Board of Finance for the diocese in which the land is situated] .
In this subsection “ecclesiastical property” means land belonging to any ecclesiastical benefice [F10of the Church of England] , or being or forming part of a church subject to the jurisdiction of the bishop of any diocese [F10of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction [F11[F12or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976]].
Textual Amendments
F1Words in s. 12 heading substituted (30.9.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 2(2) (with s. 144); S.I. 2022/48, reg. 5(d)
F2Words in s. 12(1) substituted (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(5)(a) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
F3Word in s. 12(1)(b) omitted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(4)(a), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)
F4S. 12(1)(ba)(bb) inserted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(4)(b), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)
F5S. 12(1)(c) substituted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(4)(c), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)
F6S. 12(2)-(2B) substituted for s. 12(2) (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(5)(b) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
F7Word in s. 12(2)(a) omitted (30.9.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 2(3)(a) (with s. 144); S.I. 2022/48, reg. 5(d)
F8S. 12(2)(c) and word inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 2(3)(b) (with s. 144); S.I. 2022/48, reg. 5(d)
F9Words in s. 12(3) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(1)(a); 2006 No. 2, Instrument made by Archbishops
F10Words in s. 12(3) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(1)(b); 2006 No. 2, Instrument made by Archbishops
F11Words in s. 12(3) added (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 27; S.I. 1991/2067, art. 3.
F12Words in s. 12(3) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(1)(c); 2006 No. 2, Instrument made by Archbishops
Modifications etc. (not altering text)
C1S. 12 modified by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 50(3)
C2S. 12(2) and (3) applied (31.10.1994) by 1958 c. 69, s. 16(7A) as inserted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 14(9) (with s. 40(7)); S.I. 1994/2553, art. 2
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