Part I Compulsory Purchase under Acquisition of Land Act of 1946

Preliminary

1 Application of Part I and interpretation

(1)

F1This Part of this Act shall apply in relation to any compulsory purchase to which Part II of the Acquisition of Land Act 1981, or Schedule 1 to that Act, applies, and in this Part of this Act—

(a)

“the Acquisition of Land Act” means that Act,

(b)

“compulsory purchase order” has the same meaning as in that Act.

(2)

In construing this Part of this Act the enactment under which the purchase is authorised and the compulsory purchase order . . . F2shall be deemed to be the special Act.

(3)

In this Part of this Act, unless the context otherwise requires.—

“acquiring authority” means the person authorised by the compulsory purchase order . . . F2to purchase the land;

“land” includes anything falling within any definition of that expression in the enactment under which the purchase is authorised;

“lease” includes an agreement for a lease;

“notice to treat” has the meaning given by section 5 of this Act;

“subject to compulsory purchase”, in relation to land, means land the compulsory purchase of which is authorised by the compulsory purchase order.

(4)

In this Part of this Act “the works" or “the undertaking” means the works or undertaking, of whatever nature, authorised to be executed by the special Act.

Provided that where this Part of this Act applies by virtue of F3Part IX of the Town and Country Planning Act 1990 or section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990references in this Part of this Act to the execution of the works shall be construed in accordance with F4section 245(4) of the Town and Country Planning Act 1990 or, as the case may be, section 52(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

(5)

A justice of the peace may act under this Act in relation to land which is partly in one area, and partly in another, if he may act as respects land in either area, but no justice of the peace shall act under this Act if he is interested in the matter.

(6)

Where under this Act any notice is to be given to the owner of any land or where any act is authorised or required to be done with the consent of any such owner, the word “owner" shall, unless the context otherwise requires, mean any person having power to sell and convey the land to the acquiring authority.