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

Modifications etc. (not altering text)

C4Pt. 1 (ss. 1–32) applied (except ss. 4-8, 27, 31) by Airports Act 1986 (c. 31, SIF 9), s. 59(2)(a)

C5Pt. 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

C6Pt. 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)

C9Pt. 1 (ss. 1-32) applied (with modifications) (26.7.1991) by S.I. 1991/1760, art. 3(1)(2)

C10Pt. 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))

C11Pt. 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)

C12Pt. 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)

C13Pt. 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).

C14Pt. 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).

C15Pt. 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)

C16Pt. 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

C17Pt. 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

C18Pt. 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

C20Pt. 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)

C21Pt. 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)

C22Pt. 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

C23Pt. 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))

C24Pt. 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

C25Pt. 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)

C26Pt. 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)

C27Pt. 1 applied (with modifications) (1.7.2011) by The Saundersfoot Harbour Empowerment Order 2011 (S.I. 2011/1565), arts. 1(2), 17

C28Pt. 1 applied in part (15.1.2012) by Localism Act 2011 (c. 20), ss. 207(9), 240(1)(l)

C29Pt. 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))

C30Pt. 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

C34Pt. 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)

C41Pt. 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))

C42Pt. 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

C44Pt. 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)

C52Pt. 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)

C53Pt. 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)

C54Pt. 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)

C70Pt. 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)

C71Pt. 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)

C72Pt. 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)

C73Pt. 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)

C76Pt. 1 applied (with modifications) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 18, 29 (with arts. 24(8), 33(2))

C77Pt. 1 applied (with modifications) (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 25, Sch. 5 paras. 4, 5

C80Pt. 1 applied (with modifications) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 19, 28(1)(a) (with art. 31(2))

C86Pt. 1 applied (with modifications) (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), arts. 1, 24 (with arts. 6, 19(1), 42)

C88Pt. 1 applied (with modifications) (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), art. 1, Sch. 5 paras. 4, 5 (with arts. 55, 56)

C90Pt. 1 applied (with modifications) (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), arts. 1, 25

C96Pt. 1 applied (with modifications) (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 26

C97Pt. 1 applied (with modifications) (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), arts. 1, 26

C98Pt. 1 applied (with modifications) (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), art. 1, Sch. 9 paras. 4, 5

C111Pt. 1 applied (with modifications) (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 29 (with art. 7)

C112Pt. 1 applied (with modifications) (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), art. 1, Sch. 8 paras. 4, 5 (with art. 7)

C113Pt. 1 applied (with modifications) (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), art. 1, Sch. 7 paras. 4, 5 (with arts. 51, 57)

C115Pt. 1 applied (with modifications) (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 32 (with arts. 51, 57)

C117Pt. 1 applied (with modifications) (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 30

C119Pt. 1 applied (with modifications) (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), art. 1, Sch. 9 paras. 4, 5 (with art. 37)

C120Pt. 1 applied (with modifications) (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 29 (with art. 37)

C124Pt. 1 applied (with modifications) (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), art. 1, Sch. 6 para. 4 (with art. 37)

C125Pt. 1 applied (with modifications) (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 22 (with art. 37)

C130Pt. 1 applied (with modifications) (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), arts. 1, 25 (with Sch. 9 para. 144)

Acquisition of special interestsE+W

18 Rentcharges.E+W

(1)If any difference arises between the acquiring authority and a person entitled to a rentcharge on any of the land subject to compulsory purchase as to the compensation to be paid for the release of the land from the rentcharge, or from the part of the rentcharge affecting the land, it shall be referred to and determined by the [F1Upper Tribunal].

(2)If part only of the land charged with a rentcharge is comprised in the land required by the acquiring authority the apportionment of the rentcharge—

(a)may be settled by agreement between the person entitled to the rentcharge and the owner of the land on the one part and the acquiring authority on the other part, and

(b)if not so settled, shall be referred to and determined by the [F2Upper Tribunal],

but if the remaining part of the land so charged is a sufficient security for the rentcharge the person entitled to the rentcharge may, with the consent of the owner of that part of the land, release from the rentcharge the land required by the acquiring authority on condition or in consideration of that part of the land remaining exclusively subject to the whole of the rentcharge.

(3)If the person entitled to a rentcharge on any of the land subject to compulsory purchase, on payment or tender to him of the compensation agreed or awarded, fails to execute in favour of the acquiring authority a release of the rentcharge, or if he fails to make out a good title to the rentcharge to the satisfaction of the acquiring authority, it shall be lawful for the acquiring authority to pay into court the amount of the compensation.

When the acquiring authority have paid the compensation into court, it shall be lawful for them to execute a deed poll in the manner provided by section 9(3) of this Act, and on execution of the deed poll the rentcharge, or the part of the rentcharge in respect of which the compensation was paid, shall be extinguished.

(4)If any of the land subject to compulsory purchase is so released from a rentcharge, or part of a rentcharge, to which it was subject jointly with other land, the last-mentioned land shall alone be charged with the whole of the rentcharge, or, as the case may be, with the remainder of the rentcharge, and the person entitled to the rentcharge shall have all the same rights and remedies over the last-mentioned land, for the whole, or as the case may be for the remainder, of the rentcharge as he had previously over the whole of the land subject to the rentcharge.

(5)If upon any rentcharge or part of a rentcharge being so released the deed or instrument creating or transferring the charge is tendered to the acquiring authority for the purpose, the acquiring authority shall affix their common or official seal to a memorandum of the release endorsed on the deed or instrument declaring—

(a)what part of the land originally subject to the rentcharge has been purchased by virtue of this Act, and

(b)if the land is released from part of the rentcharge, what part of the rentcharge has been released and how much of it continues payable, and

(c)if the land has been released from the whole of the rent charge, then that the remaining land is thenceforward to remain exclusively charged with the rent charge,

and the memorandum shall be made and executed at the expense of the acquiring authority and shall be evidence in all courts and elsewhere of the facts therein stated, but not so as to exclude any other evidence of the same facts.

(6)In this section “rentcharge”, in relation to any land, includes any other payment or incumbrance charged on the land not provided for in the foregoing provisions of this Act.

Textual Amendments