C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22C23C24C25C26C27C28C29C30C31C32C33C34C35C36C37C38C39C40C41C42C44C43 Part I Compulsory Purchase under Acquisition of Land Act of 1946

Annotations:
Modifications etc. (not altering text)
C6

Pt. 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)

C7

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

C8

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

C9

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)

C10

Pt. 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)

C11

Pt. 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

C12

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

C13

Pt. 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)

C14

Pt. 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

C17

Part 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)

C18

Pt. 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.

C19

Pt. 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)

C20

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

C21

Pt. 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)

C22

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))

C23

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)

C24

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)

C25

Pt. 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)

C26

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).

C27

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).

C28

Pt. 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).

C29

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)

C30

Pt. 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

C31

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

C32

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

C33

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

C34

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

C35

Pt. 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)

C36

Pt. 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)

C38

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)

C41

Pt. 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)

C42

Pt. 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))

Entry on the land

12 Unauthorised entry. C1

1

If the acquiring authority, or any of their contractors, wilfully enter on and take possession of any of the land subject to compulsory purchase in contravention of subsection (4) of the last foregoing section, the acquiring authority shall forfeit to the person in possession of that land the sum of ten pounds in addition to the amount of any damage done to the land by entering and taking possession.

2

The said sum of ten pounds, and the amount of any such damage, shall be recoverable summarily as a civil debt.

C23

An appeal shall lie to a court of quarter sessions against an order of a magistrates’ court adjudging a sum to be forfeited under the foregoing provisions of this section.

4

If, after a sum has been adjudged to be forfeited under this section, the acquiring authority, or their contractors, remain in unlawful possession of any of the land the acquiring authority shall be liable to forfeit the sum of twenty-five pounds for every day on which they so remain in possession.

5

A sum forfeited under the last foregoing subsection shall be recoverable by the person in possession of that land in the High Court, and in any such proceedings the decision of the magistrates’ court shall not be conclusive as to the acquiring authority’s right of entry.

6

This section shall not subject the acquiring authority to the payment of a penalty if they have in good faith and without collusion paid the compensation agreed or awarded in respect of the land to a person whom they reasonably believed to be entitled to the compensation, or have paid it into court for the benefit of the person entitled to the land, or have paid it into court under Schedule 3 to this Act by way of security, although such person may not have been legally entitled thereto.