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- Point in Time (27/09/2016)
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Version Superseded: 28/10/2016
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(1)If the acquiring authority are under this Act authorised to enter on and take possession of any land, and the owner or occupier of any of that land, or any other person, refuses to give up possession of it, or hinders the acquiring authority from entering on or taking possession of it, the acquiring authority may issue their warrant to [F1—
(a)the sheriff, or
(b)the enforcement officer,
to deliver possession of it to the person appointed in the warrant to receive it. ]
(2)On receipt of the warrant [F2the person to whom it is issued] shall deliver possession of any such land accordingly.
[F3(2A)If, by virtue of paragraph 3A of Schedule 7 to the Courts Act 2003, the warrant is issued to two or more persons collectively, the duty in subsection (2) of this section shall apply to the person to whom the warrant is allocated in accordance with the approved arrangements mentioned in that Schedule.]
(3)The costs accruing by reason of the issue and execution of the warrant, to be settled by [F4the person executing the warrant], shall be paid by the person refusing to give possession, and the amount of those costs shall be deducted and retained by the acquiring authority from the compensation, if any, payable by them to that person.
(4)If no compensation is payable to the person refusing to give possession, or if it is less than the amount of the costs, that amount or the amount by which the costs exceed the compensation, if not paid on demand, shall be [F5recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)], and on application to any justice of the peace for that purpose he shall issue his warrant accordingly.
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In this section[F7—
"the enforcement officer", in relation to a warrant to deliver possession of land under this section, means the officer or officers identified for that purpose in paragraph 3A of Schedule 7 to the Courts Act 2003, and]
“sheriff” includes an under sheriff or other legally competent deputy, and means the sheriff for the area where the land is situated, or if land in one ownership is not situated wholly in one such area the sheriff for the area where any part of the land is situated.
Textual Amendments
F1Words in s. 13(1) substituted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 139(5), 148; S.I. 2007/2709, art. 5(a)
F2Words in s. 13(2) substituted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 139(6), 148; S.I. 2007/2709, art. 5(a)
F3S. 13(2A) inserted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 139(7), 148; S.I. 2007/2709, art. 5(a)
F4Words in s. 13(3) substituted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 139(8), 148; S.I. 2007/2709, art. 5(a)
F5Words in s. 13(4) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 28(2) (with s. 89); S.I. 2014/768, art. 2(1)(b)
F6S. 13(5) repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 28(3), Sch. 23 Pt. 3 (with s. 89); S.I. 2014/768, art. 2(1)(b)
F7Words in s. 13(6) inserted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 139(9), 148; S.I. 2007/2709, art. 5(a)
Modifications etc. (not altering text)
C1Pt. 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
C2Pt. 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)
C3Pt. 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)
C4Pt. 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)
C5Pt. 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
C6Pt. 1 excluded (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 19(1)(a) (with art. 30)
C7Pt. 1 excluded (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 20(1)(a)
C8Pt. 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
C9Pt. 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)
C10Pt. 1 applied (30.9.2015) by The Network Rail (Blackthorn and Piddington) (Land Acquisition) Order 2015 (S.I. 2015/1684), arts. 1, 4
C11Pt. 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))
C12Pt. I applied (with modifications) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 21
C13Pt. 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
C14Pt. 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)
C15Pt. 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)
C16Pt. 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))
C17Pt. 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))
C18Pt. 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)
C19Pt. 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)
C20Pt. 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
C21Pt. 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))
C22Pt. 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))
C23Pt. 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)
C24Pt. 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)
C25Pt. 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)
C26Pt. 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)
C27Pt. 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
C28Pt. 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)
C29S. 13 saved by Rent Act 1965 (c. 75), s. 35(4) and Caravan Sites Act 1968 (c. 52), s. 5(3)
S. 13 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. 13 modified (24.12.1999) by S.I. 2000/428, art. 13, Sch. 3 para. 7
C30S. 13 applied (2.4.2004) by Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 1, 30(14) (with art. 30(9))
C31S. 13 applied (with modifications) (11.2.2005) by Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 37(11) (with arts. 65, 66)
C32S. 13 applied (11.2.2005) by Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 36(11) (with arts. 65, 66)
C33S. 13 applied (25.11.2005) by Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 30(10) (with arts. 3(5), 15(3))
C34S. 13 applied (22.11.2006) by Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 1, 27(10), 28(10) (with arts. 27(7), 43)
C35S. 13 applied (13.12.2006) by Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 24(11)
C36S. 13 applied (19.3.2007) by Ouseburn Barrage Order 2007 (S.I. 2007/608), arts. 1, 28(10) (with arts. 46-48, Sch. 6 para. 23)
C37S. 13 applied (23.8.2007) by Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), arts. 1, 26(10), 27(10), (with arts. 3(6), 12(3))
C38S. 13 applied (21.5.2008) by Teesport (Land Acquisition) Order 2008 (S.I. 2008/1238), arts. 1(1), 6(10)
C39S. 13 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 5 para. 6
C40S. 13 applied (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2013 (S.I. 2013/680), arts. 25(10), 26(10)
C41S. 13 applied (28.3.2013) by The Network Rail (Seaham Level Crossing) Order 2013 (S.I. 2013/533), arts. 1, 8(9)
S. 13 applied (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 35(11), 36(10)
C42S. 13 applied (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), arts. 1, 29(10)
C43S. 13 applied (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), arts. 1, 30(10)
C44S. 13 applied (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 34(10) (with arts. 51, 53)
C45S. 13 applied (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 33(10) (with arts. 51, 53)
C46S. 13 applied (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), arts. 1, 23(10) (with art. 44)
C47S. 13 applied (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), arts. 1, 24(10) (with art. 44)
C48S. 13 applied (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 27(10) (with arts. 27(10), 30)
C49S. 13 applied (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 26(10) (with arts. 26(11), 30)
C50S. 13 applied (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 27(10)
C51S. 13 applied (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 28(10)
C52S. 13 applied (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 30(10) (with arts. 8, 30(8), 40, 41)
C53S. 13 applied (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 29(10) (with arts. 8, 24(2), 29(7), 40, 41)
C54S. 13 applied (30.9.2015) by The Network Rail (Blackthorn and Piddington) (Land Acquisition) Order 2015 (S.I. 2015/1684), arts. 1, 7(10)
C55S. 13 applied (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 18(10)
C56S. 13 applied (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 19(10)
C57S. 13 applied (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 26(10)
C58S. 13 modified (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), arts. 1, 31(10)
C59S. 13 applied (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 29(12) (with arts. 21(2), 29(13), 32)
C60S. 13 applied (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 31(10) (with art. 32)
C61S. 13 applied (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 28(10) (with art. 37)
C62S. 13 applied (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 27(10) (with art. 37)
C63S. 13 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 29(11) (with art. 39)
C64S. 13 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 30(10) (with art. 39)
C65S. 13 applied (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 31(10) (with arts. 4, 5(3), 31(8))
C66S. 13 applied (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 30(10) (with arts. 4, 5(3), 30(7))
C67S. 13 applied (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 25(10) (with art. 39)
C68S. 13 applied (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 26(10) (with art. 39)
C69S. 13 applied (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 33(9) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))
C70S. 13 applied (2.8.2016) by The Meaford Gas Fired Generating Station Order 2016 (S.I. 2016/779), arts. 1, 25(10)
C71S. 13 applied (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 34(11) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))
C72S. 13 applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 30(20) (with arts. 35, 36)
C73S. 13 applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 30(10) (with arts. 35, 36)
C74S. 13 applied (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), arts. 1, 27(10) (with art. 27(7)(8)(11)35)
C75S. 13 applied (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), arts. 1, 28(10) (with arts. 28(7), 35)
C76S. 13 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 26(12) (with arts. 37, 38)
C77S. 13 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 27(10) (with arts. 37, 38)
C78S. 13 applied (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 27(10) (with art. 43)
C79S. 13 applied (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 28(10) (with art. 43)
C80S. 13 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 29(10)
C81S. 13 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 28(10)
C82S. 13 applied (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts. 1(2), 24(11) (with arts. 24(8), 39, 40, Sch. 8 para. 19)
C83S. 13 applied (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts. 1(2), 25(10) (with arts. 25(8), 39, 40, Sch. 8 para. 19)
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