Compulsory Purchase Act 1965

33 Compulsory purchase orders under Water Acts 1945 and 1948

(1) Subject to this section Part I of this Act shall apply—

(a) in relation to an order authorising the compulsory purchase of land and made under section 9 or section 23 of the [1945 c. 42.] Water Act 1945, and

(b) in relation to a compulsory purchase order made and confirmed under section 24(4) of that Act (that is, where a compulsory purchase under that subsection is not by a local authority and is not effected under the Act of 1946),

as it applies in relation to a compulsory purchase order under the Act of 1946, and in the said Part I as so applied the "special Act" means the said Act of 1945 together with the order.

(2) In the case of an order under section 9 or section 23 of the Water Act 1945.—

(a) Part I of this Act shall apply subject to such exceptions and modifications, if any, as may be specified in the order, and

(b) where the statutory water undertakers are not a local authority within the meaning of the Act of 1946, or a development corporation established under section 2 of the [1965 c. 59.] New Towns Act 1965, section 8(1) and section 11(1) of this Act shall not apply but no person shall at any time be required in pursuance of the order to sell or convey to the acquiring authority part only of any house or other building or manufactory if that person is willing and able to sell and convey the whole.

(3) If the order is made under section 24 of the [1945 c. 42.] Water Act 1945—

(a) section 8(1) of this Act shall not apply to the order but no person shall at any time be required in pursuance of the order to sell or convey to the acquiring authority a part only of any house or other building or manufactory, if that person is willing and able to sell and convey the whole,

(b) sections 11(1) and 30(3) of this Act shall not apply,

(c) section 27 of this Act shall apply as if subsection (1) of that section were omitted,

(d) in section 31 of this Act for the definition of "ecclesiastical property" there shall be substituted a reference to glebe land or other land belonging to an ecclesiastical benefice.

(4) If, in the case of an order under any of the said provisions of the Water Act 1945, the acquiring authority are not a local authority within the meaning of the Act of 1946 or a development corporation established under section 2 of the New Towns Act 1965, and the undertaking is intended to be carried into effect by means of capital to be subscribed by the acquiring authority, the whole of the capital or estimated sum for defraying the expenses of the undertaking shall be subscribed under contract binding the subscribers to pay the sums respectively subscribed by them before the acquiring authority exercises any of the powers conferred by this Act in relation to the compulsory taking of land for the purposes of the undertaking.

A certificate signed by two justices certifying that the whole of the prescribed sum has been subscribed shall be sufficient evidence thereof and on the application of the acquiring authority, and the production of such evidence as the justices think proper and sufficient, the justices shall grant certificates accordingly.

Section 1 of this Act applies for the interpretation of this subsection.

(5) Part I of this Act as applied by this section shall not apply in relation to an order made under section 9 or section 23. of the [1945 c. 42.] Water Act 1945, or an order confirmed under section 24 of that Act, before the commencement of this Act.