Part IE+W Compulsory Purchase under Acquisition of Land Act of 1946

Modifications etc. (not altering text)

C4Pt. 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)

C5Pt. 1 (ss. 1–32) applied (except ss. 4-8, 27, 31) by Airports Act 1986 (c. 31, SIF 9), s. 59(2)(a)

C6Pt. 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

C7Pt. 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)

C8Pt. 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)

C9Pt. 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

C10Part I (other than section 31) applied by Housing Act 1988 (c. 50, SIF 61), s. 77(7)

C11Pt. 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)

C12Pt. 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

C15Part 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)

C16Pt. 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.

C17Pt. 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)

C18Pt. 1 (ss. 1-32) applied (with modifications) (26.7.1991) by S.I. 1991/1760, art. 3(1)(2)

C19Pt. 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)

C20Pt. 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))

C21Pt. 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)

C22Pt. 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)

C23Pt. 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)

C24Pt. 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).

C25Pt. 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).

C26Pt. 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).

C27Pt. 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)

C28Pt. 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

C29Pt. I (ss. 1-32) restricted (18.12.1996) by 1996 c. 61, s. 6, Sch. 5 para. 3(3)(a)

C30Pt. 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

C31Pt. 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

C32Pt. I (ss. 1-32) applied (with modifications) (20.8.1999) by S.I. 1999/2336, arts. 13(1)(2), 19

C33Pt. 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)

C34Pt. 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)

C36Pt. 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)

C39Pt. 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)

C40Pt. 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))

C44Pt. 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)

C45Pt. 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

C48Pt. 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)

C52Pt. I applied (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 14, 17, 19

C53Pt. 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)

C54Pt. I applied (with modifications) (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), arts. 1, 21

C56Pt. 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)

C60Pt. 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))

C63Pt. 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)

C64Pt. I applied (with modifications) (7.3.2006) by Port of Ipswich Harbour Revision Order 2006 (S.I. 2006/554), arts. 1(1), 15

PreliminaryE+W

1 Application of Part I and interpretationE+W

[F1(1)This 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 F2... shall 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 F2... to 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 1990] references 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].

F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.