Compulsory Purchase Act 1965 (c. 56)

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)

C38 Pt. 1 applied (with modifications) (30.9.2015) by The Network Rail (Blackthorn and Piddington) (Land Acquisition) Order 2015 (S.I. 2015/1684), art. 1, Sch. 1 paras. 3(2), 4-9

C39 Pt. 1 excluded (30.9.2015) by The Network Rail (Blackthorn and Piddington) (Land Acquisition) Order 2015 (S.I. 2015/1684), arts. 1, 12(1)(a)

C40 Pt. 1 applied (30.9.2015) by The Network Rail (Blackthorn and Piddington) (Land Acquisition) Order 2015 (S.I. 2015/1684), arts. 1, 4

C41 Pt. 1 applied (with modifications) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 14 (with art. 24(1)(a))

C42 Pt. 1 applied (with modifications) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 21, Sch. 6 paras. 3(2), 4-9

C43 Pt. 1 applied (with modifications) (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), art. 1, Sch. 6 paras. 3(2), 4-9 (with art. 37)

C44 Pt. 1 applied (with modifications) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), art. 1, Sch. 6 paras. 3(2), 4-9 (with art. 39)

C45 Pt. 1 excluded (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 22(1)(a) (with arts. 4, 5(3))

C46 Pt. 1 applied (with modifications) (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), art. 1, Sch. 6 para. 3(2)-9 (with arts. 4, 5(3))

C47 Pt. 1 applied (with modifications) (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 21, 28, 30 (with art. 39)

C48 Pt. 1 applied (with modifications) (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), art. 1, Sch. 2 paras. 3(2), 4-9 (with art. 39)

C49 Pt. 1 applied (with modifications) (2.8.2016) by The Meaford Gas Fired Generating Station Order 2016 (S.I. 2016/779), arts. 1, 8, 18(3), Sch. 3 paras. 4-9

C50 Pt. 1 applied (with modifications) (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), art. 1, Sch. 5 para. 3(2)-9 (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))

C51 Pt. 1 applied (with modifications) (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 28 (with arts. 39, 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))

C52 Pt. 1 applied (with modifications) (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), art. 1, Sch. 3 para. 3(2)-9 (with arts. 35, 36)

C53 Pt. 1 applied (with modifications) (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), art. 1, Sch. 7 para. 3(2)-9 (with art. 35)

C54 Pt. 1 applied (with modifications) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), art. 1(2), Sch. 6 para. 3(2)-9 (with arts. 37, 38)

C55 Pt. 1 applied (with modifications) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), art. 1, Sch. 11 para. 3(2)-8 (with art. 43)

C56 Pt. 1 applied (with modifications) (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), art. 1, Sch. 6 para. 3(2)-9

C57 Pt. 1 applied (with modifications) (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), art. 1(2), Sch. 6 para. 3(2)-9 (with arts. 39, 40, Sch. 8 para. 19)

C58 Pt. 1 applied (with modifications) (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), art. 1, Sch. 5 paras. 3(2), 4-9 (with arts. 43, 44)

C59 Pt. 1 applied (with modifications) (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 28 (with arts. 37, 43, 44)

C60 Pt. 1 applied (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 4(3), 70(1), Sch. 6 para. 2, Sch. 9 paras. 1, 2 (as amended (24.2.2017) by 2017 c. 7, s. 70(2), Sch. 14 paras. 5, 8; S.I. 2017/209, reg. 2)

C61 Pt. 1 applied (with modifications) (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), art. 1, Sch. 11 paras. 3(2), 4, 5

C62 Pt. 1 modified (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), arts. 1, 23(2)(3)

C63 Pt. 1 applied (with modifications) (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), art. 1, Sch. 10 paras. 3(2), 4-9 (with art. 22)

C64 Pt. 1 applied (with modifications) (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), art. 1, Sch. 6 para. 3(2)-9 (with arts. 36, 37, Sch. 8 para. 34)

C65 Pt. 1 applied (with modifications) (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 22 (with Sch. 8 para. 20)

C66 Pt. 1 applied (with modifications) (8.12.2017) by The Network Rail (Closure of Abbots Ripton Level Crossing) Order 2017 (S.I. 2017/1074), art. 1, Sch. 1 paras. 2, 3

C67 Pt. 1 applied (8.12.2017) by The Network Rail (Closure of Abbots Ripton Level Crossing) Order 2017 (S.I. 2017/1074), arts. 1, 8(2)

C68 Pt. 1 applied (with modifications) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 19, Sch. 7 paras. 4, 5 (with arts. 28(1)(a), 32(2))

C69 Pt. 1 modified (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 27 (with arts. 4, 23, 37)

C70 Pt. 1 applied (with modifications) (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), art. 1, Sch. 6 paras. 4, 5 (with arts. 4, 37)

C71 Pt. 1 applied (with modifcations) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 32 (with arts. 43(1), 55-57, Sch. 8 para. 13)

C72 Pt. 1 applied (with modifcations) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), art. 1, Sch. 3 paras. 1, 4-10 (with arts. 55-57, Sch. 8 para. 13)

C73 Pt. 1 applied (with modifications) (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), arts. 1, 27 (with arts. 58, 59)

C74 Pt. 1 applied (with modifications) (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), art. 1, Sch. 4 paras. 4, 5 (with arts. 58, 59)

Entry on the land E+W

12 Unauthorised entry. E+W

(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.

(3) 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 F1 ... although such person may not have been legally entitled thereto.

Textual Amendments

F1 Words in s. 12(6) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 4; S.I. 2016/733, reg. 3(j)

Modifications etc. (not altering text)

C75 S. 12 modified by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 13(3), Sch. 3 paras. 4, 5

S. 12 applied (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))

S. 12 modified (24.12.1999) by S.I. 2000/428, art. 13, Sch. 3 para. 7

C76 S. 12 modified (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), art. 1, Sch. 7 para. 6

C77 S. 12(3) amended with the substitution of a reference to the Crown Court for the reference to a Court of quarter sessions by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. 1