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Part IE+W Compulsory Purchase under Acquisition of Land Act of 1946

Modifications etc. (not altering text)

C4Pt. 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)

C5Pt. 1 (ss. 1–32) applied (except ss. 4-8, 27, 31) by Airports Act 1986 (c. 31, SIF 9), s. 59(2)(a)

C6Pt. 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

C7Pt. 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)

C8Pt. 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)

C9Pt. 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

C10Part I (other than section 31) applied by Housing Act 1988 (c. 50, SIF 61), s. 77(7)

C11Pt. 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)

C12Pt. 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

C15Part 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)

C16Pt. 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.

C17Pt. 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)

C18Pt. 1 (ss. 1-32) applied (with modifications) (26.7.1991) by S.I. 1991/1760, art. 3(1)(2)

C19Pt. 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)

C20Pt. 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))

C21Pt. 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)

C22Pt. 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)

C23Pt. 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)

C24Pt. 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).

C25Pt. 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).

C26Pt. 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).

C27Pt. 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)

C28Pt. 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

C29Pt. I (ss. 1-32) restricted (18.12.1996) by 1996 c. 61, s. 6, Sch. 5 para. 3(3)(a)

C30Pt. 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

C31Pt. 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

C32Pt. I (ss. 1-32) applied (with modifications) (20.8.1999) by S.I. 1999/2336, arts. 13(1)(2), 19

C33Pt. 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)

C34Pt. 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)

C36Pt. 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)

C39Pt. 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)

C40Pt. 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))

C44Pt. I applied (with modifications) (19.11.2004) by Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), arts. 1, 19 (with art. 38)

C45Pt. I applied (with modifications) (28.1.2005) by East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), arts. 1, 4, 8, 10

C48Pt. I applied (with modifications) (11.2.2005) by Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 30, 39, 41 (with arts. 65, 66)

C52Pt. I applied (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 14, 17, 19

C53Pt. 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)

C54Pt. I applied (with modifications) (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), arts. 1, 21

C56Pt. I applied (with modifications) (26.8.2005) by River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 22, 30 (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

C60Pt. I applied (with modifications) (25.11.2005) by Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 25, 33, 36 (with arts. 3(5), 15(3))

C63Pt. I applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 23, 31, 33 (with art. 52)

C64Pt. I applied (with modifications) (7.3.2006) by Port of Ipswich Harbour Revision Order 2006 (S.I. 2006/554), arts. 1(1), 15

C69Pt. I applied (with modifications) (13.12.2006) by Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 20, 26, 28

C71Pt. I applied (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 25, 31 (with arts. 34, 35(2))

C73Pt. 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

Acquisition of special interestsE+W

16 Acquisition of part of land subject to mortgage.E+W

(1)If a part only of any mortgaged land is required by the acquiring authority, and—

(a)the part so required is of less value than the principal, interest and costs secured on such land, and

(b)the mortgagee does not consider the remaining part of the land a sufficient security for the money charged thereon, or is not willing to release the part so required.

then the value of that part, and also the compensation (if any) to be paid in respect of the severance thereof or otherwise, shall be settled by agreement between the mortgagee and the party entitled to the equity of redemption of that land on the one part and the acquiring authority on the other and, if the parties fail to agree, shall be determined by the Lands Tribunal.

(2)The amount so agreed or awarded shall be paid by the acquiring authority to the mortgagee in satisfaction or part satisfaction of his mortgage debt.

(3)On payment or tender of the amount so agreed or awarded the mortgagee shall convey or release all his interest in the land to be taken to the acquiring authority or as they direct.

(4)A memorandum of what has been so paid shall be endorsed on the deed creating the mortgage and shall be signed by the mortgagee; and a copy of the memorandum shall at the same time (if required) be furnished by the acquiring authority at their expense to the person entitled to the equity of redemption of the land comprised in the mortgage.

(5)If, on payment or tender to any such mortgagee of the amount of compensation agreed or awarded, the mortgagee fails to convey or release to the acquiring authority, or as they direct, his interest in the land in respect of which the compensation has been so paid or tendered, or if he fails to adduce a good title thereto to the satisfaction of the acquiring authority, it shall be lawful for the acquiring authority to pay into court the amount of the compensation; and subsections (4) to (6) of the last foregoing section shall apply as if references in those subsections to the land were references to the part of the land comprised in the mortgage which is required by the acquiring authority.

(6)Notwithstanding the foregoing provisions of this section the mortgagee shall have the same powers and remedies for recovering or compelling payment of the mortgage money or the residue of it (as the case may be), and the interest thereon, as against the remaining land comprised in the mortgage, as he would have had for recovering or compelling payment thereof as against the whole of the land originally comprised in the mortgage.