C16C17C18C19C20C21C22C23C24C25C26C27C28C29C30C31C32C33C34C35C36C37C38C39C40C41C42C43C44C45C46C47C48C49C50C51C52C53C54C55C57C56C59C58C60C61C63C62C65C64C67C66C68C69C70C71C72C73C75C76C77C79C78C80C82C81C84C83C87C86C85C88C89 Part I Compulsory Purchase under Acquisition of Land Act of 1946

Annotations:
Modifications etc. (not altering text)
C19

Pt. 1 (ss. 1–32) (except ss. 4–8, 10, 27) applied by Welsh Development Agency Act 1975 (c. 70, SIF 64), s. 22(6) and (except ss. 4–8, 10, 31) by Ancient Monuments and Archaeological Areas Act 1979 (c. 46, SIF 3), ss. 11(4), 16(11)

C20

Pt. 1 (ss. 1–32) applied (except ss. 4-8, 27, 31) by Airports Act 1986 (c. 31, SIF 9), s. 59(2)(a)

C21

Pt. 1 (ss. 1–32) applied (with modifications) by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 37(4)(5), 38, Sch. 2 paras. 2(2), 15(9), Sch. 5 para. 3(1), 5(1), 8

C22

Pt. 1 (ss. 1–32) applied (with modifications) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), s. 2(2), Sch. 2 Pt. 1I para. 1, Sch. 3 para. 1(8)

C23

Pt. 1 (ss. 1–32) applied (with modifications) (other than sections 4 to 8, 10, 21, 27(1) and 31) by Water Act 1989 (c. 15, SIF 130), s. 151(6), Sch. 20 para. 6(1)(a) (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)

C24

Pt. 1 (ss. 1–32) applied (with modifications) by Electricity Act 1989 (c. 29, SIF 44:1), s. 10(1), Sch. 3 Pt. I paras. 6–13

C25

Part I (other than section 31) applied by Housing Act 1988 (c. 50, SIF 61), s. 77(7)

C26

Pt. I (ss. 1–32) applied (with modifications) by Water Act 1989 (c. 15, SIF 130), ss. 151(5), 155(3)–(7), Sch. 18 para. 2(2)(3)–(8), Sch. 20 paras. 6(1)(a)(c), (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)

C27

Pt. I (ss. 1–32) applied (with modifications) by Electricity Act 1989 (c. 29, SIF 44:1), s. 10(1), Sch. 3 Pt. I paras. 7–13

C30

Part I (ss. 1–32) modified by Gas Act 1986 (c. 44, SIF 44:2), s. 9(3), Sch. 3 Pt. II paras. 6, 7–12

Pt. I (ss. 1-32) modified (18.12.1996) by 1996 c. 61, s. 4, Sch. 4 Pt. III paras. 14, 15

Pt. I (ss. 1-32) modified (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 20(6)(7), Sch. 5 Pt. II paras. 3-5; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(c)

C31

Pt. I (ss. 1-32) applied (with modifications) by Heathrow Express Railway Act 1991 (c. vii), ss. 4(1)(2), 24(1)(2)(a), Sch. 3.

C32

Pt. I (ss. 1-32) applied (with modifications) by Heathrow Express Railway (No. 2) Act 1991 (c. ix), s. 3(1)(2).

Pt. I (ss. 1-32) applied (with modifications) by Killingholme Generating Stations (Ancillary Powers) Act 1991 (c. viii), ss. 2(2)(a)(b), 20(4), 24(2)

C33

Pt. 1 (ss. 1-32) applied (with modifications) (26.7.1991) by S.I. 1991/1760, art. 3(1)(2)

C34

Pt. I (ss. 1-32) applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 155(6), 167, 223(2), Sch. 11 para. 6(1)(a)

Pt. I (ss. 1-32) applied (with modifications) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 154(6), 168(3), 225(2), Sch. 19 para. 6(1)(a) (with ss. 16(6), 179(1), 222(2)(3), Sch. 22 paras. 1(1), 2, 4)

C35

Pt. 1 (ss. 1-32) applied in part (with modifications) (22.10.1991) by Greater Manchester (Light Rapid Transit System) Act 1991 (c. xvi), ss. 3(1)(2), 13, Sch. (with s. 14(3)(e))

C36

Pt. 1 (ss. 1-32) applied in part (with modifications) (13.2.1992) by British Railways Act 1992 (c. i), ss.14(1)(2), 17(6), 20(3)(4), Sch. 2 (with ss. 27, 34)

C37

Pt. 1 (ss. 1-32) applied in part (with modifications) (13.2.1992) by Severn Bridges Act 1992 (c. 3), ss.2(2)(3)(4)(6), Sch. 2 para. 7(7)

C38

Pt. I (ss. 1-32) applied in part (with modifications) (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), ss. 4(1)(2), 21(3)(4), Sch. 3 (with s. 38)

C39

Pt. 1 (ss. 1-32) applied in part (with modifications) (16.7.1992) by River Humber (Upper Pyewipe Outfall) Act 1992 (c. xv), ss.3(1)(2), 17(3)(4), Sch. (with ss. 21, 24, 25).

C40

Pt. 1 (ss. 1-32) applied in part (with modifications) (12.11.1992) by Greater Manchester (Light Rapid Transit System) Act 1992 (c. xviii), s. 3(1)(2).

C41

Pt. I (ss. 1-32) applied in part (with modifications) (16.3.1992) by Avon Weir Act 1992 (c. v), ss. 4(1)(a)(b), 26(2)(3), Sch. 3 (with s. 61).

C42

Pt. 1 (ss. 1-32) incorporated in part (with modifications) (18.6.1992) by British Railways (No. 2) Act 1992 (c. xi), ss. 4(1)(2), 27(3)(4), Sch. 3 (with ss. 34, 45)

C43

Pt. I (ss. 1-32) applied in part (with modifications) (16.7.1992) by Cattewater Reclamation Act 1992 (c. xiv), ss. 3(2)(a)(b), 5(4), Sch. (with ss. 23, 24, 27, 33)

Pt. I (ss. 1-32) applied in part (29.3.1993) by 1993 c. iv, ss. 4(1)(2), 29(2)(3), Sch. 4 (with ss. 36, 41(5), 44(1))

Pt. I (ss. 1-32) applied in part (1.5.1994) by 1894 c. 60, s. 639(1A)(a) (as substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 38); S.I. 1993/3137, art. 3(2), Sch. 2)

Pt. I (ss. 1-32) applied in part (10.11.1993) by 1993 c. 28, s. 162(6); S.I. 1993/2762, art. 3

Pt. I (ss. 1-32) applied in part (with modifications) (27.7.1993) by 1993 c. xv, ss. 5(1)(2), 27(4), Sch. 4 (with s. 44)

Pt. I (ss. 1-32) applied in part (with modifications) (5.11.1993) by 1993 c. 42, ss. 4(2)-(4), 6, Sch. 5 para. 6(2) (with ss. 2, 30(1), Sch. 2 para. 9)

Pt. I (ss. 1-32) applied in part (with modifications) (26.5.1994) by 1994 c. vi, s. 3(1)(2)

Pt. I (ss. 1-32) applied in part (with modifications) (21.7.1994) by 1994 c. xi, ss. 5(1)(2), 30(3)(4)(a), 31(1), 56(2)(3), Sch. 4

Pt. I (ss. 1-32) applied in part (with modifications) (21.7.1994) by 1994 c. xv, ss. 5(1)(2), 22(f), 28(3)(4), 44(8), Sch. 5

Pt. I (ss. 1-32) applied (1.1.1996) by Merchant Shipping Act 1995 (c. 21), ss. 197(6)(a), 316(2) (with s. 312(1))

Pt. I (ss. 1-32) applied (with modifications) (18.12.1996) by Channel Tunnel Rail Link Act 1996 (c. 61), ss. 4, 5(5), 43(3)(4), 47, Sch. 4 Pt. II paras. 2, 3, Pt. III paras. 8(2), 9-11

Pt. I (ss. 1-32) applied in part (with modifications) (28.7.1998) by Tamar Bridge Act 1998 (c. iv), ss. 4(2)-(4), 5(2)-(4), 6(1), 13, Sch.

Pt. I (ss. 1-32) applied (with modifications) by Welsh Development Agency Act 1975 (c. 70), Sch. 4 Pt. II para. 4 (as inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4)

Pt. I (ss. 1-32) applied in part (with modifications) (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 20(7); S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(c)

Pt. I (ss. 1-32) applied (with modifications) (13.1.1999) by Tyne and Wear Passenger Transport (Sunderland) Order 1998 (S.I. 1998/3269), arts. 23(1)(2), 24, Sch. 7

C44

Pt. I (ss. 1-32) restricted (18.12.1996) by 1996 c. 61, s. 6, Sch. 5 para. 3(3)(a)

C45

Pt. 1 (ss. 1-32) applied (with modifications) (19.2.1999) by S.I. 1999/537, arts. 6(1)(2), 7(2), 11, Sch. 2 paras. 1-8

C46

Pt. 1 (ss. 1-32) applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 15(3), Sch. 5 paras. 3(2), 4-9

C47

Pt. I (ss. 1-32) applied (with modifications) (20.8.1999) by S.I. 1999/2336, arts. 13(1)(2), 19

C48

Pt. I (ss. 1-32) applied (with modifications) (23.8.1999) by S.I. 1999/2981, arts. 16, 23

Pt. I (ss. 1-32) applied (with modifications) (3.6.1999) by S.I. 1999/1555, arts. 4(1)(2), 8, Sch. 1 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (26.3.2001) by 2000 c. 26, s. 95, Sch. 5, Pt. II paras. 6-12; S.I. 2000/2957, art. 2(3), Sch. 3

Pt. I (ss. 1-32, except ss. 4-8, 31) applied (26.3.2001) by 2000 c. 26, s. 95, Sch. 5 para. 6; S.I. 2000/2957, art. 2(3), Sch. 3

Pt. I (ss. 1-32) applied (with modifications) (24.12.1999) by S.I. 2000/428, art. 11

Pt. I (ss. 1-32) applied (with modifications) (2.3.2001) by S.I. 2001/1367, art. 7

Pt. I (ss. 1-32) applied (with modifications) (2.3.2001) by S.I. 2001/1367, art. 9, Sch. 2 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (2.3.2001) by S.I. 2001/1368, arts. 7, 12

Pt. I (ss. 1-32) applied (with modifications) (2.3.2001) by S.I. 2001/1368, art. 9(3), Sch. 3 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (2.3.2001) by S.I. 2001/1369, arts. 4, 10

Pt. I (ss. 1-32) applied (with modifications) (2.3.2001) by S.I. 2001/1369, art. 6, Sch. 1 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (22.3.2001) by S.I. 2001/1451, arts. 9(1)(2), 13(a)

Pt. I (ss. 1-32) applied (with modifications) (22.3.2001) by S.I. 2001/1451, art. 10(2), Sch. 2

Pt. I (ss. 1-32) applied (with modifications) (29.3.2001) by S.I. 2001/1347, arts. 25, 31 (with arts. 15, 37, 38(2))

Pt. I (ss. 1-32) applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 26, Sch. 7 paras. 3(2), 4-9 (with arts. 15, 37, 38(2))

Pt. I (ss. 1-32) applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 4(1)

Pt. I (ss. 1-32) applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 6(3), Sch. 2 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 14

Pt. I (ss. 1-32) applied (with modifications) (27.6.2001) by S.I. 2001/2870, art. 15, Sch. 2 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (24.7.2001) by S.I. 2001/3627, arts. 36, 44

Pt. I (ss. 1-32) applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 38, Sch. 8 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (9.11.2001) by S.I. 2001/3682, arts. 19, 25

Pt. I (ss. 1-32) applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 21, Sch. 7 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (14.3.2002) by S.I. 2002/412, arts. 17, 18, 21, 23, Sch. 4 paras. 3(2), 4-9 (with art. 38)

Pt. I (ss. 1-32) applied (with modifications) (30.4.2002) by S.I.2002/1064, arts. 10, 11, 18, Sch. 2, paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (30.4.2002) by S.I. 2002/1065, arts. 10, 11, Sch. 3, paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (30.4.2002) by S.I. 2002/1066, arts. 21, 23, 30, 32, Sch. 7 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (31.5.2002) by S.I. 2002/1327, arts. 19, 21, 25, Sch. 4, paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (12.8.2002) by S.I.2002/1943, art. 4(1)(2)

C49

Pt. I applied (with modifications) (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 25, 32 (with art. 40)

C51

Pt. 1 applied in part (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 4 para. 9(1) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Schs. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

C54

Pt. I applied (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 23, 32(1) (with art. 38)

C55

Pt. I applied (with modifications) by 1994 c. 21, Sch. 1B para. 2(2) (as inserted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 6; S.I. 2004/641, art. 3(w) (with Sch. 3 para. 7))

C58

Pt. I applied (with modifications) (19.11.2004) by Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), arts. 1, 19 (with art. 38)

C60

Pt. I applied (with modifications) (28.1.2005) by East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), arts. 1, 4, 8, 10

C62

Pt. I applied (with modifications) (11.2.2005) by Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 30, 39, 41 (with arts. 65, 66)

C66

Pt. I applied (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 14, 17, 19

C68

Pt. 1 applied (with modifications) (22.7.2005) by Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 26, 34 (with art. 47)

C69

Pt. I applied (with modifications) (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), arts. 1, 21

C71

Pt. I applied (with modifications) (26.8.2005) by River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 22, 30 (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

C76

Pt. I applied (with modifications) (25.11.2005) by Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 25, 33, 36 (with arts. 3(5), 15(3))

C78

Pt. I applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 23, 31, 33 (with art. 52)

C80

Pt. I applied (with modifications) (7.3.2006) by Port of Ipswich Harbour Revision Order 2006 (S.I. 2006/554), arts. 1(1), 15

C87

Pt. I applied (with modifications) (13.12.2006) by Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 20, 26, 28

C85

Pt. I applied (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 25, 31 (with arts. 34, 35(2))

C89

Pt. 1 applied (with modifications) (12.1.2007) by Network Rail (West Coast Main Line) (Stowe Hill) Order 2006 (S.I. 2006/3471), arts. 1, 4

Compulsory Purchase

C1C2C3C44 Time limit.

The powers of the acquiring authority for the compulsory purchase of the land shall not be exercised after the expiration of three years from the date on which the compulsory purchase order becomes operative.

5 Notice to treat, and untraced owners. C5

1

When the acquiring authority require to purchase any of the land subject to compulsory purchase, they shall give notice (hereafter in this Act referred to as a “notice to treat”) to all the persons interested in, or having power to sell and convey or release, the land, so far as known to the acquiring authority after making diligent inquiry.

2

Every notice to treat—

a

shall give particulars of the land to which the notice relates,

b

shall demand particulars of the recipient’s estate and interest in the land, and of the claim made by him in respect of the land, and

c

shall state that the acquiring authority are willing to treat for the purchase of the land, and as to the compensation to be made for the damage which may be sustained by reason of the execution of the works.

F12A

A notice to treat shall cease to have effect at the end of the period of three years beginning with the date on which it is served unless—

a

the compensation has been agreed or awarded or has been paid or paid into court,

b

a general vesting declaration has been executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981,

c

the acquiring authority have entered on and taken possession of the land specified in the notice, or

d

the question of compensation has been referred to the Lands Tribunal.

2B

If the person interested in the land, or having power to sell and convey or release it, and the acquiring authority agree to extend the period referred to in subsection (2A) of this section, the notice to treat shall cease to have effect at the end of the period as extended unless—

a

any of the events referred to in that subsection have then taken place, or

b

the parties have agreed to a further extension of the period (in which case this subsection shall apply again at the end of the period as further extended, and so on).

2C

Where a notice to treat ceases to have effect by virtue of subsection (2A) or (2B) of this section, the acquiring authority—

a

shall immediately give notice of that fact to the person on whom the notice was served and any other person who, since it was served, could have made an agreement under subsection (2B) of this section, and

b

shall be liable to pay compensation to any person entitled to such a notice for any loss or expenses occasioned to him by the giving of the notice and its ceasing to have effect.

2D

The amount of any compensation payable under subsection (2C) shall, in default of agreement, be determined by the Lands Tribunal.

2E

Compensation payable to any person under subsection (2C) shall carry interest at the rate prescribed under section 32 of the Land Compensation Act 1961 from the date on which he was entitled to to be given notice under that subsection until payment.

3

Schedule 2 to this Act (which relates to absent or untraced owners) shall have effect for the purposes of this Act.

6 Reference to Lands Tribunal. C6

If a person served with a notice to treat does not within twenty-one days from the service of the notice state the particulars of his claim or treat with the acquiring authority in respect of his claim, or if he and the acquiring authority do not agree as to the amount of compensation to be paid by the acquiring authority for the interest belonging to him, or which he has power to sell, or for any damage which may be sustained by him by reason of the execution of the works, the question of disputed compensation shall be referred to the Lands Tribunal.

C8C9C10C11C127 Measure of compensation in case of severance. C7

In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the value of the land to be purchased by the acquiring authority, but also to the damage, if any, to be sustained by the owner of the land by reason of the severing of the land purchased from the other land of the owner, or otherwise injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

C138C73C75C89 Other provisions as to divided land.

C14C15C74C901

No person shall be required to sell a part only—

a

of any house, building or manufactory, or

b

of a park or garden belonging to a house,

if he is willing and able to sell the whole of the house, building, manufactory, park or garden, unless the Lands Tribunal determines that—

i

in the case of a house, building or manufactory the part proposed to be acquired can be taken without material detriment to the house, building or manufactory, or

ii

in the case of a park or garden, the part proposed to be acquired can be taken without seriously affecting the amenity or convenience of the house,

and, if the Lands Tribunal so determine, the Lands Tribunal shall award compensation in respect of any loss due to the severance of the part proposed to be acquired, in addition to its value; and thereupon the party interested shall be required to sell to the acquiring authority that part of the house, building, manufactory, park or garden.

2

If any land which is not situated in a town or built upon is cut through and divided by the works so as to leave, either on both sides of the works, or on one side, a quantity of land which is less than half an acre, the owner of the land may require the acquiring authority to purchase the land along with the land subject to compulsory purchase:

Provided that this subsection shall not apply if the owner has other land adjoining the land so left into which it can be thrown so as to be conveniently occupied with it, and in that case the acquiring authority shall, if so required by the owner, at their own expense throw the piece of land so left into the adjoining land by removing the fences and levelling the sites thereof, and by soiling it in a satisfactory and workmanlike manner.

3

If the owner of any land cut through and divided by the works requires the acquiring authority under the provisions of the special Act to make any bridge, culvert or other communication between the land so divided, and—

a

the land is so cut through and divided as to leave, either on both sides or on one side, a quantity of land which is less than half an acre, or which is of less value than the expense of making the communication between the divided land, and

b

the owner has not other land adjoining that piece of land,

the acquiring authority may require the owner to sell them the piece of land.

Any dispute as to the value of the piece of land, or as to the expense of making a communication between the divided land shall be determined by the Lands Tribunal, and either party to proceedings for determining the compensation to be paid for the land acquired may require the Lands Tribunal to make their determination under this subsection in those proceedings.