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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)

C10Pt. 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.

C11Pt. 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)

C12Pt. 1 (ss. 1-32) applied (with modifications) (26.7.1991) by S.I. 1991/1760, art. 3(1)(2)

C13Pt. 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)

C14Pt. 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))

C15Pt. 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)

C16Pt. 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)

C17Pt. 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)

C18Pt. 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).

C19Pt. 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).

C20Pt. 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).

C21Pt. 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)

C22Pt. 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

C23Pt. I (ss. 1-32) restricted (18.12.1996) by 1996 c. 61, s. 6, Sch. 5 para. 3(3)(a)

C24Pt. 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

C25Pt. 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

C26Pt. I (ss. 1-32) applied (with modifications) (20.8.1999) by S.I. 1999/2336, arts. 13(1)(2), 19

C28Pt. 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)

C29Pt. 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)

C30Pt. 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

C31Pt. 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))

C32Pt. 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

C33Pt. 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)

C34Pt. 1 applied (with modifications) (1.7.2011) by The Saundersfoot Harbour Empowerment Order 2011 (S.I. 2011/1565), arts. 1(2), 17

C35Pt. 1 applied in part (15.1.2012) by Localism Act 2011 (c. 20), ss. 207(9), 240(1)(l)

C36Pt. 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))

C37Pt. 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

SupplementalE+W

22 Interests omitted from purchase. E+W

(1)If after the acquiring authority have entered on any of the land subject to compulsory purchase it appears that they have through mistake or inadvertence failed or omitted duly to purchase or to pay compensation for any estate, right or interest in or charge affecting that land the acquiring authority shall remain in undisturbed possession of the land provided that within the time limited by this section—

(a)they purchase or pay compensation for the estate, right or interest in or charge affecting the land, and

(b)they also pay to any person who may establish a right to it, full compensation for the mesne profits,

and the compensation shall be agreed or awarded and paid (whether to claimants or into court) in the manner in which, under this Act, it would have been agreed or awarded and paid if the acquiring authority had purchased the estate, right, interest or charge before entering on the land, or as near to that manner as circumstances admit.

(2)The foregoing subsection shall apply whether or not the period specified in section 4 of this Act has expired.

(3)The time limited by this section shall be six months after the acquiring authority have notice of the estate, right, interest or charge or, if it is disputed by the acquiring authority, six months after the right to the estate, right, interest or charge is finally established by law in favour of the claimant.

(4)In assessing compensation under this section the value of the land, and of any estate or interest in the land, or any mesne profits of the land, shall be taken to be the value at the time when the acquiring authority entered on the land, and without regard to any improvements or works made in or upon the land by the acquiring authority, and as though the works had not been constructed.

(5)In this section the “mesne profits” means the mesne profits or interest which would have accrued to the persons concerned during the interval between the entry of the acquiring authority and the time when the compensation is paid, so far as such mesne profits or interest may be recoverable in any proceedings.

Modifications etc. (not altering text)

C39S. 22 applied (witb modifications) (7.3.1995) by S.I. 1995/519, art. 23(3), Sch. 4 para. 9

C40S. 22 modified (31.3.1994) by 1994 c. iv, s. 17, Sch. 2 para. 6