Compulsory Purchase Act 1965

Deposit of compensation and execution of deed poll E+W

9 Refusal to convey, failure to make title, etc. E+W

(1) If the owner of any of the land purchased by the acquiring authority, or of any interest in the land so purchased, on tender of the compensation agreed or awarded to be paid in respect of the land or interest refuses to accept it, or neglects or fails to make out a title to the land or interest to the satisfaction of the acquiring authority, or refuses to convey or release the land as directed by the acquiring authority, it shall be lawful for the acquiring authority to pay into court the compensation payable in respect of the land or interest.

(2) The compensation so paid into court shall, subject to the provisions of this Act, be placed to the credit of the parties interested in the land and the acquiring authority shall, so far as they can, give their descriptions.

(3) When the acquiring authority have paid into court the compensation, it shall be lawful for them to execute a deed poll containing a description of the land in respect of which the payment into court was made, and declaring the circumstances under which, and the names of the parties to whose credit, the payment into court was made.

(4) On execution of the deed poll all the estate and interest in the land of the parties for whose use and in respect whereof the compensation was paid into court shall vest absolutely in the acquiring authority and as against those persons the acquiring authority shall be entitled to immediate possession of the land.

(5) On the application of any person claiming all or any part of the money paid into court, or claiming all or any part of the land in respect of which it was paid into court, or any interest in it, the High Court may order its distribution according to the respective estates, titles or interests of the claimants, and if, before the money is distributed, it is dealt with under section 6 of the M1 Administration of Justice Act 1965 payment likewise of the dividends thereof, and may make such other order as the Court thinks fit.

F1 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 9 (6) repealed by Statute Law (Repeals) Act 1973 (c. 39), s. 1(1), Sch. 1 Pt. 1X

Modifications etc. (not altering text)

C1 S. 9 modified by Land Compensation Act 1973 (c. 26, SIF 28:1), s. 52(10)(a)

C2 S. 9 modified by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 13(3), Sch. 3 paras. 4, 5

C3 S. 9(2)(5) applied with modifications by Land Compensation Act 1973 (c. 26, SIF 28:1), s. 54(7)

C4 S. 9(2)(5) applied with modifications by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 146(10)

C5 S. 9(4) modified (31.3.1994) by 1994 c. iv, s. 17, Sch. 2 para. 3

C6 S. 9(4) applied (with modifications) (22.10.1991) by Greater Manchester (Light Rapid Transit System) Act 1991 (c. xvi), s. 13(4), Sch. para.3.

S. 9(4) applied (with modification) (7.3.1995) by S.I. 1995/519, art. 23(3), Sch. 4 para. 6(a)

C7 S. 9(4) modified (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), art. 1, Sch. 7 para. 5(a)

C8 S. 9(4) modified (22.7.2020) by The Norfolk Vanguard Offshore Wind Farm Order 2020 (S.I. 2020/706), art. 1, Sch. 7 para. 6(a) (with arts. 41, 42, Sch. 16 para. 66)

Marginal Citations

M1 1965 c. 2.