Part I E+W Compulsory Purchase under Acquisition of Land Act of 1946

Modifications etc. (not altering text)

C1 Pt. 1 applied (with modifications) by Forestry Act 1967 (c. 10), ss. 39, 40, Sch. 4 para. 1, Sch. 5 Pt. III para. 11(1); Agriculture Act 1967 (c. 22), s. 49(7)(i); Greater London Council (General Powers) Act 1967 (c. xx), s. 15; and Post Office Act 1969 (c. 48), s. 60(1)

C2 Pt. 1 (ss. 1–32) extended by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 2 para. 16(1)

C3 Pt. 1 (ss. 1–32) applied (with modifications): by Local Government Act 1972 (c. 70, SIF 81:1), ss. 120(3), 124(2), 273(1); by S.I. 1978/829, art. 4; by S.I. 1978/1125, art. 3; and by New Towns Act 1981 (c. 64, SIF 123:3), Sch. 6 Pt. 1

C4 Pt. 1 (ss. 1–32) applied (except ss. 4-8, 27, 31) by Airports Act 1986 (c. 31, SIF 9), s. 59(2)(a)

C5 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

C6 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)

C7 Pt. 1 (ss. 1–32) applied (with modifications) by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 52(2)

C8 Pt. 1 (ss. 1–32) applied by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 227(2)

C9 Pt. 1 (ss. 1-32) applied (with modifications) (26.7.1991) by S.I. 1991/1760, art. 3(1)(2)

C10 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))

C11 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)

C12 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)

C13 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).

C14 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).

C15 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)

C16 Pt. 1 (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. 1 (ss. 1-32) applied in part (10.11.1993) by Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), s. 162(6); S.I. 1993/2762, art.3

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

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

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

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

Pt. 1 (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. 1 (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. 1 (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

C17 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

C18 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

C19 Pt. 1 (ss. 1-32) applied (with modifications) (22.3.2001) by Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001 (S.I. 2001/1451), arts. 9(1)(2), 10(2), 13(a), Sch. 2

Pt. 1 (ss. 1-32) applied (with modifications) (12.8.2002) by Channel Tunnel Rail Link (Thames Tunnel Approach) Order 2002 (S.I. 2002/1943), art. 4(1)(2)

C20 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)

C21 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)

C22 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

C23 Pt. 1 applied (with modifications) (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 29, 33 (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

C24 Pt. 1 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), ss. 6, 7(5)(7), Sch. 6 paras. 2, 3, 6, 7, 14

C25 Pt. 1 applied in part (with modifications) (29.12.2008) by Network Rail (Thameslink) (Land Acquisition) Order 2008 (S.I. 2008/3163), arts. 1, 4, 11 (with art. 13)

C26 Pt. 1 applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 125, 241(8) (with s. 226); S.I. 2010/101, art. 3(f) (with art. 6)

C27 Pt. 1 applied (with modifications) (1.7.2011) by The Saundersfoot Harbour Empowerment Order 2011 (S.I. 2011/1565), arts. 1(2), 17

C28 Pt. 1 applied in part (15.1.2012) by Localism Act 2011 (c. 20), ss. 207(9), 240(1)(l)

C29 Pt. 1 applied in part by Greater London Authority Act 1999 (c. 29), s. 333ZA(8) (as inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17))

C30 Pt. 1 applied (with modifications) (28.3.2013) by The Network Rail (Seaham Level Crossing) Order 2013 (S.I. 2013/533), arts. 1, 6, 11, 13

C31 Pt. 1 applied (with modifications) (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), art. 1, Sch. 11 paras. 3(2), 4-9

C32 Pt. 1 excluded (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 27(1)(a) (with arts. 51, 53)

C33 Pt. 1 excluded (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), arts. 1, 31(1)(a) (with art. 44)

C34 Pt. 1 applied (with modifications) (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), art. 1, Sch. 5 para. 3(2)-9 (with arts. 20(6), 30)

C35 Pt. 1 applied (with modifications) (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), art. 1, Sch. 7 para. 3(2)-9

C36 Pt. 1 excluded (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 19(1)(a) (with art. 30)

C37 Pt. 1 excluded (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 20(1)(a)

Further provision as to compensation for injurious affection E+W

10 Further provision as to compensation for injurious affection. E+W

(1) If any person claims compensation in respect of any land, or any interest in land, which has been taken for or injuriously affected by the execution of the works, and for which the acquiring authority have not made satisfaction under the provisions of this Act, or of the special Act, any dispute arising in relation to the compensation shall be referred to and determined by the [F1 Upper Tribunal].

(2) This section shall be construed as affording in all cases a right to compensation for injurious affection to land which is the same as the right which section 68 of the M1 Lands Clauses Consolidation Act 1845 has been construed as affording in cases where the amount claimed exceeds fifty pounds.

(3) Where this Part of this Act applies by virtue of [F2 Part IX of the Town and Country Planning Act 1990] references in this section to the acquiring authority shall be construed in accordance with [F3 section 245(4)(b) of that Act].

Textual Amendments

F1 Words in s. 10(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 63 (with Sch. 5)

F2 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 13(2)(a)

F3 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 13(2)(b)

Modifications etc. (not altering text)

C38 S. 10 applied by Local Government Act 1972 (c. 70, SIF 81:1), ss. 122(4), 126(6), 273(1)

C39 S. 10 amended by Land Compensation Act 1973 (c. 26, SIF 28:1), s. 63(1)

C40 S. 10 applied by Development of Rural Wales Act 1976 (c. 75, SIF 64), s. 5(1), Sch. 3 para. 35(3)

S. 10 applied (10.11.1993) by Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), s. 169, Sch. 20 para. 5(4)(7)(8); S.I. 1993/2762, art. 3.

C41 S. 10 extended by Housing Act 1988 (c. 50, SIF 61), s. 78(2)(a), Sch. 10 Pt. 1I para. 5(4)

C42 S. 10 extended by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 237(4)(a)

C43 S. 10 modified by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 229(4)

C44 S. 10 applied by Post Office (Subway) Act 1966 (c. 25), s. 2(2)

C45 S. 10 applied (with modifications) (18.12.1996) by Channel Tunnel Rail Link Act 1996 (c. 61), ss. 36, 51(6)(a)

C46 S. 10 applied (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 3 para. 2(1); S.I. 2008/3068, art. 2(1)(f) (with arts. 6 arts. 6-13)

C47 S. 10 applied (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), arts. 1, 21(5)(a) (with art. 44)

C48 S. 10 applied (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 19(4) (with art. 19(5))

C49 S. 10(1) modified (19.2.1999) by S.I. 1999/537, art. 8

S. 10(1) modified (22.3.2001) by S.I. 2001/1451, art. 11

S. 10(1) modified (12.8.2002) by S.I. 2002/1943, art. 5

C50 S. 10(1) modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 45

C51 S. 10(2) saved (9.5.1991) by Heathrow Express Railway Act 1991 (c. vii), s. 17(1)(f); and saved (22.10.1991) by Greater Manchester (Light Rapid Transit System) Act 1991 (c. xvi), s. 14(3)(e); and saved (26.7.1991) by S.I. 1991/1760, art. 6(3)(e).

C52 S. 10(2) excluded (23.8.1999) by S.I. 1999/2981, arts. 20(7), 21(8)

C53 S. 10(2) applied (30.3.2006) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 4(5)(b), 40(1)(b) (with s. 4(6)(b))

C54 S. 10(2) applied (1.3.2010) by Planning Act 2008 (c. 29), ss. 152(5), 241(8) (with s. 226); S.I. 2010/101, art. 3(h) (with art. 6)

S. 10(2) applied (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 33(4)

C55 S. 10(2) applied (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 18(4) (with arts. 18(5), 30)

Marginal Citations

M1 1845 c. 18.