Compulsory Purchase Act 1965

11 Powers of entry. E+W

(1) If the acquiring authority have served notice to treat in respect of any of the land and have served on the owner, lessee and occupier of that land not less than fourteen days notice, the acquiring authority may enter on and take possession of that land, or of such part of that land as is specified in the notice; and then any compensation agreed or awarded for the land of which possession is taken shall carry interest at the rate prescribed under section 32 of the M1 Land Compensation Act 1961 from the time of entry until the compensation is paid or is paid into court in accordance with this Act.

Where under this subsection a notice is required to be served on an owner of land, and the land is ecclesiastical property as defined in [F1 section 12(3) of the Acquisition of Land Act], a like notice shall be served on the [F2 Diocesan Board of Finance for the diocese in which the land is situated].

In this subsection “owner” has the meaning given by [F3 section 7(1) of the Acquisition of Land Act].

(2) The acquiring authority may also enter on and take possession of any of the land by following the procedure in Schedule 3 to this Act.

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purpose of surveying and taking levels of any of the land subject to compulsory purchase, of probing or boring to ascertain the nature of the soil and of setting out the line of the works, the acquiring authority, after giving not less than three nor more than fourteen days’ notice to the owners or occupiers of that land, may enter on that land, but the acquiring authority shall make compensation for any damage thereby occasioned to the owners or occupiers of the land, and any question of disputed compensation under this subsection shall be referred to the [F5 Upper Tribunal].

(4) Except as provided by the foregoing provisions of this section, the acquiring authority shall not, except with the consent of the owners and occupiers, enter on any of the land subject to compulsory purchase until the compensation payable for the respective interests in that land has been agreed or awarded, and has been paid to the persons having those interests or has been paid into court in accordance with this Act.

Textual Amendments

F1 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 14(3)(a)

F2 Words in s. 11 substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 12(1); S.I. 2006/2, Instrument made by Archbishops

F3 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 14(3)(b)

F4 S. 11(2) second paragraph repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. 1

F5 Words in s. 11(3) 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. 64 (with Sch. 5)

Modifications etc. (not altering text)

C1 S. 11: excluded by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 8(3), Sch. 1 para. 3

S. 11 applied (with modifications) (22.10.1991) by Greater Manchester (Light Rapid Transit System) Act 1991 (c. xvi), ss.3(1)(2), 13, Sch. para.4 (with s. 14(3)(e))

C2 S. 11 modified by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 13(3), Sch. 3 paras. 4, 5

C3 S. 11 modified (31.3.1994) by British Railways Act 1994 (c. iv), s. 17, Sch. 2 para. 4

C4 S. 11(1) excluded by Land Compensation Act 1973 (c. 26, SIF 28:1), s. 52(10)(b); modified by Land Compensation Act 1973 (c. 26, SIF 28:1), s. 55(1); and modified by Rural Wales Act 1976 (c. 75, SIF 64), s. 5(1), Sch. 3 para. 31(1)

C5 S. 11(1) modified by Development of Rural Wales Act 1976 (c. 75, SIF 64), s. 5(1), Sch. 3 para. 31(1)

C6 S. 11(1) modified by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), s. 2, Sch. 2 Pt. 1I para. 1

S. 11(1) modified (26.5.1994) by Greater Manchester (Light Rapid Transit System) Act 1994 (c. vi), s. 3(2)

C7 S. 11(1) excluded by Agriculture Act 1967 (c. 22), s. 49(7) (ii)

C8 S. 11(1) applied (with modifications) by Heathrow Express Railway Act 1991 (c. vii), s. 4(2)

C9 S. 11(1) applied (with modifications) by Heathrow Express Railway (No. 2) Act 1991 (c. ix), s. 3(1)(2)

S. 11(1) applied (with modifications) by Killingholme Generating Stations (Ancillary Powers) Act 1991 (c. viii), s. 2(2)(b)

C10 S. 11(1) excluded (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 63(2); S.I. 1991/2067, art.3

C11 S. 11(1) modified by 1961 c. 33, s. 5A(5)(6) (as inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 103(2); S.I. 2004/2593, art. 2(a))

C12 S. 11(3) modified (11.11.1996) by S.I. 1996/2714, art. 50(3)

C13 S. 11(3) restricted (23.8.1999) by S.I. 1999/2981, art. 28(2), Sch. 10 Pt. 1 para. 2(7)

S. 11(3) restricted (24.12.1999) by S.I. 2000/428, art. 27, Sch. 5 para. 2(3)

S. 11(3) restricted (24.7.2001) by S.I. 2001/3627, art. 64, Sch. 12 para. 5(1) (with Sch. 12 para. 12)

s. 11(3) restricted (14.3.2002) by S.I. 2002/412, art. 36, Sch.6, Pt. 1I para. 2(2)

C14 S. 11(3) powers excluded (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), art. 1, Sch. 10 para. 54(1) (with art. 51, Sch. 10 paras. 68, 85)

S. 11(3) restricted (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), art. 1, Sch. 12 para. 4(1) (with arts. 12, 13, Pt. 2 para. 6, 3 para. 5, 4 para. 4, 5 para. 4, Sch. 12 paras. 6(3), 19)

S. 11(3) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 16 Pt. 4 s. 1 para. 3, Sch. 16 Pt. 4 s. 2 para. 3, Sch. 16 Pt. 4 s. 3 para. 3, Sch. 16 Pt. 5 para. 4(1)

Marginal Citations

M1 1961 c. 33.