(1)Where land is acquired or taken from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land acquired or taken from him.
(2)In this section “compensation for injurious affection” means compensation for injurious affection under section 63 or 121 of the M1Lands Clauses Consolidation Act 1845 or section 7 or 20 of the M2Compulsory Purchase Act 1965, and subsection (1) above shall apply with the necessary modifications to such compensation under the said section 7 as substituted by [F1paragraph 6 of Schedule 19 to the M3Highways Act 1980], [F2paragraph 7 of Schedule 3 to the Gas Act 1986][F3paragraph 3 of [F4Schedule 9 to the Water Industry Act 1991 or of Schedule 18 to the Water Resources Act 1991]](compulsory acquisition of rights over land) or any corresponding enactment, including (except where otherwise provided) an enactment passed after this Act.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
Textual Amendments
F1Words substituted by Highways Act 1980 (c. 66), Sch. 24 para. 13(b)
F2Words substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 14(1)
F3Words inserted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 44(1) (with ss. 58(7), 101(1), 141(6), 153(1), 155, 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
F4Words in s. 44(2) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para.23
Modifications etc. (not altering text)
C1S. 44(1) modified (18.6.1992) by Compulsory Purchase Act 1965 (c. 56), as applied (with modifications) by British Railways (No. 2) Act 1992 (c. xi), s. 27, Sch. 3 para.1.
S. 44(1) modified (10.11.1993) by 1965 c. 56, s. 7(2) (as modified by 1993 c. 28, s. 169, Sch. 20 para.21; S.I. 1993/2762, art.3).
S. 44(1) modified (27.8.1998) by S.I. 1998/1936, art. 29(3), Sch. 7 para. 2(1)(2) (with art. 45)
S. 44(1) modified (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1965 c. 56, s. 7(2) (as modified by 1998 c. 45, s. 20, Sch. 5 Pt. II para. 4; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c))
S. 44 applied (with modifications) (19.2.1999) by S.I. 1999/537, art. 7(2), Sch. 2 para. 9
S. 44 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 15(3), Sch. 5 para. 2
S. 44 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 17(3), Sch. 7 para. 2
Marginal Citations
(1)This section applies to the assessment of compensation in respect of the compulsory acquisition of an interest in a dwelling which—
(a)has been constructed or substantially modified to meet the special needs of a disabled person; and
(b)is occupied by such a person as his residence immediately before the date when the acquiring authority take possession of the dwelling or was last so occupied before that date.
(2)The compensation shall, if the person whose interest is acquired so elects, be assessed as if the dwelling were land which is devoted to a purpose of such a nature that there is no general demand or market for land for that purpose.
(1)Where a person is carrying on a trade or business on any land and, in consequence of the compulsory acquisition of the whole of that land, is required to give up possession thereof to the acquiring authority, then if—
(a)on the date on which he gives up possession as aforesaid he has attained the age of sixty; and
(b)on that date the land is or forms part of a hereditament the annual value of which does not exceed the prescribed amount; and
(c)that person has not disposed of the goodwill of the whole of the trade or business and gives to the acquiring authority the undertakings mentioned in subsection (3) below,
the compensation payable to that person in respect of the compulsory acquisition of his interest in the land or, as the case may be, under section 121 of the M4Lands Clauses Consolidation Act 1845 or section 20 of the M5Compulsory Purchase Act 1965 (tenants from year to year etc.) shall, so far as attributable to disturbance, be assessed on the assumption that it is not reasonably practicable for that person to carry on the trade or business or, as the case may be, the part thereof the goodwill of which he has retained, elsewhere than on that land.
(2)In subsection (1) above “the prescribed amount” means the amount which on the date mentioned in that subsection is the amount prescribed for the purposes of [F6section 149(3)(a) of the Town and Country Planning Act 1990] (interests qualifying for protection under planning blight provisions) and “annual value” and “hereditament” have the meanings given in [F7section 171] of that Act taking references to the date of service of a notice under [F8section 150] of that Act as references to the date mentioned in subsection (1) above.
(3)The undertakings to be given by the person claiming compensation are—
(a)an undertaking that he will not dispose of the goodwill of the trade or business, or, as the case may be, of the part thereof the goodwill of which he has retained; and
(b)an undertaking that he will not, within such area and for such time as the acquiring authority may require, directly or indirectly engage in or have any interest in any other trade or business of the same or substantially the same kind as that carried on by him on the land acquired.
(4)If an undertaking given by a person for the purposes of this section is broken the acquiring authority may recover from him an amount equal to the difference between the compensation paid and the compensation that would have been payable if it had been assessed without regard to the provisions of this section.
(5)This section shall apply to a trade or business carried on by two or more persons in partnership as if references to the person by whom it is carried on were references to all the partners and as if the undertakings mentioned in subsection (3) above were required to be given by all the partners.
(6)This section shall apply to a trade or business carried on by a company—
(a)as if subsection (1)(a) above required—
(i)each shareholder, other than a minority shareholder, to be an individual who has attained the age of sixty on the date there mentioned; and
(ii)each minority shareholder to be an individual who either has attained that age on that date or is the spouse of a shareholder who has attained that age on that date; and
(b)as if the undertakings mentioned in subsection (3)(b) above were required to be given both by the company and by each shareholder.
In this subsection “” means a person who is beneficially entitled to a share or shares in the company carrying voting rights and “” means a person who is so entitled to less than 50 per cent, of those shares.
(7)This section shall apply in relation to any disturbance payment assessed in accordance with section 38(1)(b) above as it applies in relation to the compensation mentioned in subsection (1) above, and shall so apply subject to the necessary modifications and as if references to the giving up of possession of land to the acquiring authority in consequence of its compulsory acquisition were references to displacement as mentioned in section 37 above.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
Textual Amendments
F6Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(7)(a)
F7Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(7)(b)
F8Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(7)(c)
F9Ss. 32(9), 34(7), 37(8), 41(11), 44(3), 46(8) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
Marginal Citations
(1)Where in pursuance of any enactment providing for the acquisition or taking of possession of land compulsorily an acquiring authority—
(a)acquire the interest of the landlord in any land subject to a tenancy to which Part II of the M6Landlord and Tenant Act 1954 (security of tenure for business tenants) applies; or
(b)acquire the interest of the tenant in, or take possession of, any such land,
the right of the tenant to apply under the said Part II for the grant of a new tenancy shall be taken into account in assessing the compensation payable by the acquiring authority (whether to the landlord or the tenant) in connection with the acquisition of the interest or the taking of possession of the land; and in assessing that compensation it shall be assumed that neither the acquiring authority nor any other authority possessing compulsory purchase powers have acquired or propose to acquire any interest in the land.
(2)Subsection (1) of section 39 of the said Act of 1954 (right of tenant to apply under said Part II for a new tenancy to be disregarded in assessing compensation for compulsory taking of possession of land subject to short tenancy) shall cease to have effect.
(3)In subsection (2) of the said section 39 for the words “the compensation assessed in accordance with the last foregoing subsection” there shall be substituted the words “the compensation payable under section121 of the M7Lands Clauses Consolidation Act 1845 or section 20 of the M8Compulsory Purchase Act 1965 in the case of a tenancy to which this Part of this Act applies”.
Modifications etc. (not altering text)
C2The text of Ss. 47(2), (3), 48(4), 86, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
(1)This section has effect where in pursuance of any enactment providing for the acquisition or taking of possession of land compulsorily an acquiring authority—
(a)acquire the interest of the landlord in an agricultural holding or any part of it; or
(b)acquire the interest of the tenant in, or take possession of, an agricultural holding or any part of it.
(2)In assessing the compensation payable by the acquiring authority to the landlord in connection with any such acquisition of an interest as is mentioned in subsection (1)(a) above—
(a)there shall be disregarded any right of the landlord to serve a notice to quit, and any notice to quit already served by the landlord, which would not be or would not have been effective if—
(i)in [F10Case B in Part I of Schedule 3 to the Agricultural Holdings Act 1986] (land required for non-agricultural use for which planning permission has been granted etc.) the reference to the land being required did not include a reference to its being required by an acquiring authority; and
(ii)in [F11section 27(3)(f)] of that Act (proposed termination of tenancy for purpose of land’s being used for non-agricultural use not falling within [F12the said Case B] the reference to the land’s being used did not include a reference to its being used by an acquiring authority; and
(b)if the tenant has quitted the holding or any part of it by reason of a notice to quit which is to be so disregarded, it shall be assumed that he has not done so.
(3)In assessing the compensation payable by the acquiring authority to the tenant in connection with any such acquisition of an interest or taking of possession of land as is mentioned in subsection (1)(b) above (hereafter referred to as “the tenant’s compensation”), there shall be disregarded any right of the landlord to serve a notice to quit, and any notice to quit already served by the landlord, which would not be or would not have been effective if the said [F13Case B and section 27(3)(f)] were construed in accordance with subsection (2)(a)(i) and (ii) above.
(4)Section 42 of the M9Agriculture (Miscellaneous Provisions) Act 1968 (tenant’scompensation to be assessed without regard to his prospects of remaining in possession after contractual date) and section 15(1) of that Act (effect on tenant’s compensation of provision enabling landlord to resume possession for non-agricultural use) shall cease to have effect.
(5)The tenant’s compensation shall be reduced by an amount equal to any payment which the acquiring authority are liable to make to him, in respect of the acquisition or taking of possession in question, under section 12 of the said Act of 1968 (additional payments by acquiring authority in circumstances described in subsection (1)(b) above).
(6)If the tenant’s compensation as determined in accordance with subsections (3) to (5) above is less than it would have been if those subsections had not been enacted, it shall be increased by the amount of the deficiency.
[F14(6A)In assessing the tenant’s compensation no account shall be taken of any benefit which might accrue to the tenant by virtue of section 60(2)(b) of the Agricultural Holdings Act 1986 (additional payments by landlord for distrubance); and in this subsection the reference to the said section 60(2)(b) does not include a reference to it as applied by section 12 of the Agricultural (Miscellaneous Provisions) Act 1968.]
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
Textual Amendments
F10Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(2)(a)
F11Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(2)(b)
F12Words substituted by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 13, Sch. 1 para. 6(2)(b) except in relation to notices to quit given before 7.4.1978: and Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 14 and continued by virtue of Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(2)
F13Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(3)
F14S. 48(6A) inserted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(4)
F15Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
Modifications etc. (not altering text)
C3The text of Ss. 47(2), (3), 48(4), 86, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C4 “The said Act of 1968” means the Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)
Marginal Citations
Textual Amendments
(1)The amount of compensation payable in respect of the compulsory acquisition of an interest in land shall not be subject to any reduction on account of the fact that the acquiring authority have provided, or undertake to provide or arrange for the provision of, or another authority will provide, residential accommodation under any enactment for the person entitled to the compensation.
(2)In assessing the compensation payable in respect of the compulsory acquisition of an interest in land which on the date of service of the notice to treat is subject to a tenancy, there shall be left out of account any part of the value of that interest which is attributable to, or to the prospect of, the tenant giving up possession after that date in consequence of being provided with other accommodation by virtue of section 39(1)(a) above; and for the purpose of determining the date by reference to which that compensation is to be assessed the acquiring authority shall be deemed, where the tenant gives up possession as aforesaid, to have taken possession on the date on which it is given up by the tenant.
(3)Subsection (1) above shall apply in relation to any payment to which a person is entitled under Part III of this Act as it applies in relation to the compensation mentioned in that subsection taking references to the acquiring authority as references to the authority responsible for making that payment.
(4)Subsection (2) above shall apply in relation to a case where a notice to treat is deemed to have been served by virtue of [F17Part III of the Compulsory Purchase (Vesting Declarations) Act 1981] (general vesting declarations) as it applies in relation to a case where a notice to treat is actually served.
Textual Amendments
F17Words substituted by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), Sch. 3 para. 1
(1)Where the Secretary of State proposes to make an order under section 1 of the [F18New Towns Act 1981] designating any area as—
(a)the site of a new town; or
(b)an extension of the site of a new town,
and the purpose or main purpose, or one of the main purposes, for which the order is proposed to be made is the provision of housing or other facilities required in connection with or in consequence of the carrying out of any public development, he may, before making the order, give a direction specifying that development for the purposes of this section in relation to that area.
(2)Where the area mentioned in paragraph 3 or 3A in the first column of Schedule 1 to the M10Land Compensation Act 1961 (cases where land acquired forms part of site of new town or extension of site of new town) is an area to which a direction under this section relates, then, in the circumstances described in that paragraph—
(a)the increase or diminution in value to be left out of account by virtue of section 6 of that Act (compensation to be assessed without regard to development attributable to designation of new town) or any rule of law relating to the assessment of compensation in respect of compulsory acquisition; and
(b)the increase in value to be taken into account by virtue of section 7 of that Act (reduction of compensation where other land benefited by such development),
shall respectively include any increase or diminution in value, and any increase in value, which is attributable to the carrying out or the prospect of the public development specified in the direction.
(3)No direction shall be given under this section in relation to any area until the Secretary of State has prepared a draft of the order under section 1 of the said [F19Act of 1981]in respect of that area and has published the notice required by paragraph 2 of Schedule 1 to that Act.
(4)Any direction under this section shall be given by order; and any order containing such a direction may be varied or revoked by a subsequent order.
(5)The power to make orders under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(6)In this section “public development” means development (whether or not in the area designated under section 1 of the said [F20Act of 1981]) in the exercise of statutory powers by—
(a)a government department;
(b)any statutory undertakers within the meaning of [F21the Town and Country Planning Act 1990]or any body deemed by virtue of any enactment to be statutory undertakers for the purposes of, or of any provision of, that Act; or
(c)without prejudice to paragraph (b) above, any body having power to borrow money with the consent of a Minister,
and includes such development which has already been carried out when the direction in respect of it is given as well as such development which is then proposed.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
Textual Amendments
F18Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), Sch. 12 para. 9(a)
F19Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81(a), Sch. 12 para. 9(b)
F20Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81(a), Sch. 12 para. 9(b)
F21Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(8)
F22Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
Modifications etc. (not altering text)
C5S. 51 extended by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 1(2)(xviii) (with ss. 58(7), 101(1), 141(6), 153(1), 155, 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
C6S. 51 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(xxv), Sch. 17 paras. 33, 35(1)
C7S. 51 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxvii), Sch. 8 para. 33
S. 51 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xx); S.I. 1996/218, art. 2
Marginal Citations
(1)Where an acquiring authority have taken possession of any land the authority shall, if a request in that behalf is made in accordance with subsection (2) below, make an advance payment on account of any compensation payable by them for the compulsory acquisition of any interest in that land.
(2)Any request under this section shall be made by the person entitled to the compensation (hereafter referred to as “the claimant”), shall be in writing, shall give particulars of the claimant’s interest in the land (so far as not already given pursuant to a notice to treat) and shall be accompanied or supplemented by such other particulars as the acquiring authority may reasonably require to enable them to estimate the amount of the compensation in respect of which the advance payment is to be made.
(3)Subject to subsection (6) below, the amount of any advance payment under this section shall be equal to 90 per cent. of the following amount, that is to say—
(a)if the acquiring authority and the claimant have agreed on the amount of the compensation, the agreed amount;
(b)in any other case, an amount equal to the compensation as estimated by the acquiring authority.
(4)Any advance payment under this section shall be made not later than three months after the date on which a request for the payment is made in accordance with subsection (2) above or, if those three months end before the date on which the acquiring authority take possession of the land to which the compensation relates, on the date on which they take possession as aforesaid.
[F23(4A)Where, at any time after an advance payment has been made on the basis of the acquiring authority’s estimate of the compensation, it appears to the acquiring authority that their estimate was too low, they shall, if a request in that behalf is made in accordance with subsection (2) above, pay to the claimant the balance of the amount of the advance payment calculated as at that time.
(5)Where the amount, or aggregate amount, of any payment under this section made on the basis of the acquiring authority’s estimate of the compensation exceeds the compensation as finally determined or agreed, the excess shall be repaid; and if after any payment under this section has been made to any person it is discovered that he was not entitled to it, the amount of the payment shall be recoverable by the acquiring authority.]
(6)No advance payment shall be made on account of compensation payable in respect of any land which is subject to a mortgage the principal of which exceeds 90 per cent. of the amount mentioned in subsection (3) above; and where the land is subject to a mortgage the principal of which does not exceed 90 per cent. of that amount, the advance payment shall be reduced by such sum as the acquiring authority consider will be required by them for securing the release of the interest of the mortgagee.
(7)Any advance payment on account of compensation in respect of an interest which is settled land for the purposes of the M11Settled Land Act 1925 shall be made to the persons entitled to give a discharge for capital money and shall be treated as capital money arising under that Act.
(8)[F24Before] an acquiring authority make an advance payment under this section on account of compensation in respect of any interest in land they shall deposit with the council of the district or London borough in which the land is situated particulars of the payment [F25to be made], the compensation and the interest in land to which it relates; F26
[F27(8A)Any particulars deposited pursuant to subsection (8) above shall be a local land charge and for the purposes of the M12Local Land Charges Act 1975 the council with whom any such particulars are deposited shall be treated as the originating authority as respects the charge thereby constituted.]
(9)[F28Where a local land charge is registered in the appropriate local land charges register pursuant to subsection (8A) above and the advance payment to which the charge relates is made to the claimant, then if thereafter he] disposes of the interest in the land to, or creates an interest in the land in favour of, a person other than the acquiring authority, the amount of the advance payment [F29together with any amount paid under section 52A]shall be set off against any sum payable by the authority to that other person in respect of the compulsory acquisition of the interest disposed of or the compulsory acquisition or release of the interest created.
(10)Where an advance payment has been made under this section on account of any compensation—
(a)section 76 of the M13Lands Clauses Consolidation Act 1845 and section 9 of the M14Compulsory Purchase Act 1965 (refusal of owner to convey on tender of compensation) shall have effect as if references to the compensation were references to the balance thereof remaining unpaid F30. . .
(11)Where the acquiring authority, instead of taking possession of any land, serve a notice in respect of that land under [F31section 583 of the Housing Act 1985](notice authorising existing occupier to continue in occupation where house acquired for housing purposes) this section shall have effect as if they had taken possession of the land on the date on which the notice is served.
(12)This section shall apply to compensation for the compulsory acquisition of a right over land as it applies to compensation for the compulsory acquisition of an interest in land, and shall so apply with the necessary modifications and as if references to taking possession of the land were references to first entering it for the purpose of exercising the right.
(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32
Textual Amendments
F23S. 52(4A)(5) substituted for s. 52(5) (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 63(1) (with s. 84(5)); S.I. 1991/2067,art. 3.
F24Word substituted by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1
F25Words inserted by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1
F26Words repealed by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1
F27S. 52(8A) inserted by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1
F28Words substituted by Local Land Charges Act 1975 (c. 76), s. 19, Sch. 1
F29Words in s. 52(9) inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 24(a) (with s. 84(5)); S.I. 1991/2067, art. 3.
F30Words in s. 52(10) repealed (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), ss. 70, 84(6), Sch. 15 para. 24(b), Sch. 19 Pt. III (with s. 84(5)); S.I. 1991/2067,art. 3.
F31Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(6)
Marginal Citations
(1)This section applies where the compensation to be paid by the acquiring authority for the compulsory acquisition of any interest in land would (apart from this section) carry interest under section 11(1) of the Compulsory Purchase Act 1965 or any bond under Schedule 3 to that Act or section 85 of the Lands Clauses Consolidation Act 1845.
(2)If the authority make a payment under section 52(1) above to any person on account of the compensation—
(a)they shall at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount by reference to which the payment under section 52(1) above was calculated; and
(b)the difference between the amount of the payment under section 52(1) above and the amount by reference to which it was calculated is an unpaid balance for the purposes of this section.
(3)If the authority make a payment under section 52(4A) above to any person on account of the compensation, they shall at the same time make a payment to him of accrued interest, for the period beginning with the date of entry, on—
(a)the amount by reference to which the payment under section 52(4A) above was calculated; less
(b)the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated.
(4)Where the authority make a payment under section 52(4A) above on account of the compensation, the difference between—
(a)the amount of the payment; and
(b)the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated,
is an unpaid balance for the purposes of this section.
(5)If, on an anniversary of the date on which the authority made a payment to any person under section 52(1) above on account of the compensation—
(a)the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be,
(b)the aggregate amount of the accrued interest on any unpaid balances,
exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount.
(6)The acquiring authority shall, on paying the outstanding compensation, pay the amount of the accrued interest on the unpaid balance under subsection (2) above or, as the case may be, the aggregate amount of the accrued interest on any unpaid balances.
(7)For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with—
(a)the making of the payment under section 52(1) or, as the case may be, 52(4A) above; or
(b)if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection.
(8)For the purposes of this section—
(a)interest accrues at the rate prescribed under section 32 of the Land Compensation Act 1961 or, in the case of a bond under section 85 of the Lands Clauses Consolidation Act 1845, at the rate specified in section 85; and
(b)the amount by reference to which a payment under section 52(1) or (4A) was calculated is the amount referred to in section 52(3)(a) or (b) for the purposes of that calculation.
(9)Where any payment has been made under section 52(1) above on account of any compensation, the acquiring authority is not required to pay interest under section 11(1) of the Compulsory Purchase Act 1965 or any bond under Schedule 3 to that Act or under section 85 of the Lands Clauses Consolidation Act 1845.
(10)Where the amount, or aggregate amount, of any payment under section 52 above made on the basis of the acquiring authority’s estimate of the compensation is greater than the compensation as finally determined or agreed and, accordingly, the interest paid under this section is excessive, the excess shall be repaid.
(11)If after any interest has been paid to any person under this section on any amount it is discovered that he was not entitled to the amount, the interest shall be recoverable by the acquiring authority.
(12)The Secretary of State may from time to time by order substitute another sum for the sum specified in subsection (5) above; and the power to make orders under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F33S. 52A inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 63(2) (with s. 84(5)); S.I. 1991/2067, art. 3.
(1)Where an acquiring authority serve notice to treat in respect of any agricultural land on a person (whether in occupation or not) having a greater interest in the land than as tenant for a year or from year to year, and that person has such an interest in other agricultural land comprised in the same agricultural unit as that to which the notice relates, the person on whom the notice is served (hereafter referred to as “the claimant”) may, within the period of two months beginning with the date of service of the notice to treat, serve on the acquiring authority a counter-notice—
(a)claiming that the other land is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and
(b)requiring the acquiring authority to purchase his interest in the whole of the other land.
(2)Where a counter-notice is served under subsection (1) above the claimant shall also, within the period mentioned in that subsection, serve a copy thereof on any other person who has an interest in the land to which the requirement in the counter-notice relates, but failure to comply with this subsection shall not invalidate the counter-notice.
(3)Subject to subsection (4) below, “other relevant land” in subsection (1) above means—
(a)land comprised in the same agricultural unit as the land to which the notice to treat relates, being land in which the claimant does not have such an interest as is mentioned in that subsection; and
(b)land comprised in any other agricultural unit occupied by him on the date of service of the notice to treat, being land in respect of which he is then entitled to a greater interest than as tenant for a year or from year to year.
(4)Where an acquiring authority have served a notice to treat in respect of any of the other agricultural land mentioned in subsection (1) above or in respect of other relevant land as defined in subsection (3) above [F34or such a notice is deemed to have been served by virtue of sections 137 to 144 of the Town and Country Planning Act 1990], then, unless and until that notice to treat is withdrawn, this section and section 54 below shall have effect as if that land did not form part of that other agricultural land or did not constitute other relevant land, as the case may be.
(5)This section shall have effect in relation to a case where a notice to treat is deemed to have been served by virtue of any of the provisions of F35[F36Part III of the Compulsory Purchase (Vesting Declarations) Act 1981] (general vesting declarations) as it has effect in relation to a case where a notice to treat is actually served, and section 54 below shall have effect accordingly.
(6)This section is without prejudice to the rights conferred by sections 93 and 94 of the M15Lands Clauses Consolidation Act 1845, F37 or section 8(2) and (3) of the M16Compulsory Purchase Act 1965 (provisions as to divided land).
Textual Amendments
F34Words inserted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(9)(a)
F35Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), ss. 3, 4, Sch. 1 Pt. I, Sch. 2 para. 29(9)(b)
F36Words substituted by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 16(1), Sch. 3 para. 1
F37Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
Modifications etc. (not altering text)
C8Ss. 53-56 excluded (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 25(1).
Marginal Citations
(1)If the acquiring authority do not within the period of two months beginning with the date of service of a counter-notice under section 53 above agree in writing to accept the counter-notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Lands Tribunal; and on any such reference the Tribunal shall determine whether the claim in the counter-notice is justified and declare the counter-notice valid or invalid in accordance with its determination of that question.
(2)Where a counter-notice is accepted as, or declared to be, valid under subsection (1) above the acquiring authority shall be deemed—
(a)to be authorised to acquire compulsorily, under the enactment by virtue of which they are empowered to acquire the land in respect of which the notice to treat was served, the claimant’s interest in the land to which the requirement in the counter-notice relates; and
(b)to have served a notice to treat in respect of that land on the date on which the first-mentioned notice to treat was served.
(3)A claimant may withdraw a counter-notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the counter-notice has been determined by the Lands Tribunal or at any time before the end of six weeks beginning with the date on which the compensation is so determined; and where a counter-notice is withdrawn by virtue of this subsection any notice to treat deemed to have been served in consequence thereof shall be deemed to have been withdrawn.
(4)Without prejudice to subsection (3) above, the power conferred by section 31 of the M17Land Compensation Act 1961 to withdraw a notice to treat shall not be exerciseable in the case of a notice to treat which is deemed to have been served by virtue of this section.
(5)The compensation payable in respect of the acquisition of an interest in land in pursuance of a notice to treat deemed to have been served by virtue of this section shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) above.
(6)Where by virtue of this section the acquiring authority become, or will become, entitled to a lease of any land but not to the interest of the lessor—
(a)the authority shall offer to surrender the lease to the lessor on such terms as the authority consider reasonable;
(b)the question of what terms are reasonable may be referred to the Lands Tribunal by the authority or the lessor and, if at the expiration of three months after the date of the offer mentioned in paragraph (a) above, the authority and the lessor have not agreed on that question and that question has not been referred to the Tribunal by the lessor, it shall be so referred by the authority;
(c)if that question is referred to the Tribunal, the lessor shall be deemed to have accepted the surrender of the lease at the expiration of one month after the date of the determination of the Tribunal or on such other date as the Tribunal may direct and to have agreed with the authority on the terms of surrender which the Tribunal has held to be reasonable.
For the purposes of this subsection any terms as to surrender contained in the lease shall be disregarded.
(7)Where the lessor refuses to accept any sum payable to him by virtue of subsection (6) above, or refuses or fails to make out his title to the satisfaction of the acquiring authority, they may pay into court any sum payable to the lessor by virtue of that subsection; and subsections (2) and (5) of section 9 of the M18Compulsory Purchase Act 1965 (deposit of compensation in cases of refusal to convey etc.) shall apply to that sum with the necessary modifications.
(8)Where an acquiring authority who become entitled to the lease of any land as mentioned in subsection (6) above are a body incorporated by or under any enactment the corporate powers of the authority shall, if they would not otherwise do so, include power to farm that land.
(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
Textual Amendments
F38Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
Modifications etc. (not altering text)
C9Ss. 53-56 excluded (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 25(1).
Marginal Citations
(1)Where an acquiring authority serve notice of entry under section 11(1) of the M19Compulsory Purchase Act 1965 on the person in occupation of an agricultural holding, being a person having no greater interest therein than as tenant for a year or from year to year, and the notice relates to part only of that holding, the person on whom the notice is served (hereafter referred to as “the claimant”) may, within the period of two months beginning with the date of service of the notice of entry, serve on the acquiring authority a counter-notice—
(a)claiming that the remainder of the holding is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and
(b)electing to treat the notice of entry as a notice relating to the entire holding.
(2)Where a counter-notice is served under subsection (1) above the claimant shall also, within the period mentioned in that subsection, serve a copy thereof on the landlord of the holding, but failure to comply with this subsection shall not invalidate the counter-notice.
(3)Subject to subsection (4) below, “other relevant land” in subsection (1) above means—
(a)land comprised in the same agricultural unit as the agricultural holding; and
(b)land comprised in any other agricultural unit occupied by the claimant on the date of service of the notice of entry, being land in respect of which he is then entitled to a greater interest than as tenant for a year or from year to year.
(4)Where an acquiring authority have served a notice to treat in respect of land in the agricultural holding other than that to which the notice to entry relates or in respect of other relevant land as defined in subsection (3) above, then, unless and until that notice to treat is withdrawn, this section and section 56 below shall have effect as if that land did not form part of the holding or did not constitute other relevant land, as the case may be.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
Textual Amendments
F39Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
Modifications etc. (not altering text)
C10Ss. 53-56 excluded (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 25(1).
Marginal Citations
(1)If the acquiring authority do not within the period of two months beginning with the date of service of a counter-notice under section 55 above agree in writing to accept the counter-notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Lands Tribunal; and on any such reference the Tribunal shall determine whether the claim in the counter-notice is justified and declare the counter-notice valid or invalid in accordance with its determination of that question.
(2)Where a counter-notice is accepted as, or declared to be, valid under subsection (1) above then, if before the end of twelve months after it has been so accepted or declared the claimant has given up possession of every part of the agricultural holding to the acquiring authority—
(a)the notice of entry shall be deemed to have extended to the part of the holding to which it did not relate; and
(b)the acquiring authority shall be deemed to have taken possession of that part in pursuance of that notice on the day before the expiration of the year of the tenancy which is current when the counter-notice is so accepted or declared.
(3)Where the claimant gives up possession of an agricultural holding to the acquiring authority as aforesaid but the authority have not been authorised to acquire the landlord’s interest in, or in any of, the part of the holding to which the notice of entry did not relate (“the land not subject to compulsory purchase”)—
(a)neither the claimant nor the authority shall be under any liability to the landlord by reason of the claimant giving up possession of the land not subject to compulsory purchase or the authority taking or being in possession of it;
(b)immediately after the date on which the authority take possession of the land not subject to compulsory purchase they shall give up to the landlord, and he shall take, possession of that land;
(c)the tenancy shall be treated as terminated on the date on which the claimant gives up possession of the holding to the acquiring authority or (if he gives up possession of different parts at different times) gives up possession as aforesaid of the last part, but without prejudice to any rights or liabilities of the landlord or the claimant which have accrued before that date;
(d)any rights of the claimant against, or liabilities of the claimant to, the landlord which arise on or out of the termination of the tenancy by virtue of paragraph (c) above (whether under the contract of tenancy, under the [F40Agricultural Holdings Act 1986] or otherwise) shall be rights and liabilities of the authority, and any question as to the payment to be made in respect of any such right or liability shall be referred to and determined by the Lands Tribunal;
(e)any increase in the value of the land not subject to compulsory purchase which is attributable to the landlord’s taking possession of it under paragraph (b) above shall be deducted from the compensation payable in respect of the acquisition of his interest in the remainder of the holding.
(4)Where a tenancy is terminated by virtue of subsection (3)(c) above, [F41section 72 of the Agricultural Holdings Act 1986] (landlord’s right to compensation for deterioration of holding) shall have effect as if [F41subsection (4) of that section] required the landlord’s notice of intention to claim compensation to be served on the acquiring authority and to be so served within three months after the termination of the tenancy.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42
Textual Amendments
F40Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 54(2)
F41Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 54(3)
F42Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
Modifications etc. (not altering text)
C11Ss. 53-56 excluded (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 25(1).
(1)Before taking possession of part only of an agricultural holding under section 85 of the M20Lands Clauses Consolidation Act 1845, under Schedule 3 to the M21Compulsory Purchase Act 1965 or under [F43Part III of the Compulsory Purchase (Vesting Declarations) Act 1981] (alternative procedures for taking possession of land) the acquiring authority shall serve notice of their intention to do so on the person in occupation of the holding, and sections 55 and 56 above shall have effect, subject to any necessary modifications, as if possession were being obtained pursuant to a notice of entry under section 11(1) of the said Act of 1965.
(2)Sections 55 and 56 above shall have effect, subject to any necessary modifications, in relation to a notice of entry under paragraph 4 of Schedule 6 to the [F44New Towns Act 1981] (provisions applicable to compulsory acquisitions under that Act) as they have effect in relation to a notice of entry under section 11(1) of the said Act of 1965.
(3)Sections 55 and 56(1) and (2) above shall have effect, subject to any necessary modifications, in relation to a notice under [F45section 584 of the Housing Act 1985 (power to enter and determine short tenancies of land acquired or appropriated for certain purposes of that Act)] as they have effect in relation to a notice of entry under section 11(1) of the said Act of 1965.
(4)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
Textual Amendments
F43Words substituted by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 16(1), Sch. 3 para. 1
F44Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81(a), Sch. 12 para. 10
F45Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(7)
F46Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
Marginal Citations
(1)In determining under section 8(1) or 34(2) of the M22Compulsory Purchase Act 1965, F47or [F48section 166(2) of the Town and Country Planning Act 1990] whether—
(a)part of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or
(b)part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,
the Lands Tribunal shall take into account not only the effect of the severance but also the use to be made of the part proposed to be acquired and, in a case where the part is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.
(2)Subsection (1) above shall apply with the necessary modifications to any determination—
(a)under the said section 8(1) as substituted by [F49paragraph 7 of Schedule 19 to the M23Highways Act 1980] or [F50paragraph 8 of Schedule 3 to the Gas Act 1986][F51paragraph 4 of [F52Schedule 9 to the Water Industry Act 1991 or of Schedule 18 to the Water Resources Act 1991]](compulsory acquisition of rights over land); or
(b)under any provision corresponding to or substituted for the said section 8(1) which is contained in, or in an instrument made under, any other enactment including (except where otherwise provided) an enactment passed after this Act.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53
Textual Amendments
F47Words repealed by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 16(3), Sch. 5
F48Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(10)
F49Words substituted by Highways Act 1980 (c. 66), Sch. 24 para. 23(c)
F50Words substituted by Gas Act 1986 (c. 44, SIF 44:1), s. 67(1), Sch. 7 para. 14(2)
F51Words inserted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 44(2) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
F52Words in s. 58(2) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 23
F53Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
Modifications etc. (not altering text)
C12S. 58(1) modified (18.6.1992) by Compulsory Purchase Act 1965 (c. 56), as applied (with modifications) by British Railways (No. 2) Act 1992 (c. xi), s. 27, Sch. 3 para.2.
S. 58 modified (10.11.1993) by 1965 c. 56, s. 8(4) (as substituted by 1993 c. 28, s. 169, Sch. 20 para.22; S.I. 1993/2762, art.3).
S. 58(1) modified (27.8.1998) by S.I. 1998/1936, art. 29(3), Sch. 7 para. 2(1)(3) (with art. 45)
S. 58 applied (with modifications) (19.2.1999) by S.I. 1999/537, art. 7(2), Sch. 2 para. 10
S. 58 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 15(3), Sch. 5 para. 2
S. 58 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 17(3), Sch. 7 paras. 1, 2
Marginal Citations
(1)This section has effect where the person in occupation of an agricultural holding, being a person having no greater interest therein than as tenant for a year or from year to year, is served with a notice to quit the holding, and—
(a)the notice is served after an acquiring authority have served notice to treat on the landlord of the holding or, being an authority possessing compulsory purchase powers, have agreed to acquire his interest in the holding; and
(b)either—
(i)[F54section 26(1) of the Agricultural Holdings Act 1986] does not apply to the notice by virtue of [F54Case B in Part I of Schedule 3 to that Act] (land required for non-agricultural use for which planning permission has been granted etc.); or
(ii)the Agricultural Land Tribunal have consented to the operation of the notice and stated in the reasons for their decision that they are satisfied as to the matter mentioned in [F55section 27(3)(f)] of that Act (land required for non-agricultural use not falling within [F56the said Case B].
(2)If the person served with the notice to quit elects that this subsection shall apply to the notice and gives up possession of the holding to the acquiring authority on or before the date on which his tenancy terminates in accordance with the notice—
(a)section 20 of the M24Compulsory Purchase Act 1965 (compensation for tenants from year to year etc.) and section 12 of the M25Agriculture (Miscellaneous Provisions) Act 1968 shall have effect as if the notice to quit had not been served and the acquiring authority had taken possession of the holding in pursuance of a notice of entry under section 11(1) of the said Act of 1965 on the day before that on which the tenancy terminates in accordance with the notice to quit; and
(b)the provisions of the [F57Agricultural Holdings Act 1986 relating to compensation to a tenant on the termination of his tenancy] shall not have effect in relation to the termination of the tenancy by reason of the notice to quit.
(3)No election under subsection (2) above shall be made or, if already made, continue to have effect in relation to any land (whether the whole or part of the land to which the notice to quit relates) if, before the expiration of that notice, an acquiring authority take possession of that land in pursuance of an enactment providing for the taking of possession of land compulsorily.
(4)Any election under subsection (2) above shall be made by notice in writing served on the acquiring authority not later than the date on which possession of the holding is given up.
(5)This section shall have effect in relation to a notice to quit part of an agricultural holding as it has effect in relation to a notice to quit an entire holding and references to a holding and the termination of the tenancy shall be construed accordingly.
(6)A person served with a notice to quit part of an agricultural holding shall not be entitled, in relation to that notice, both to make an election under this section and to give a counter-notice under [F58section 32 of the Agricultural Holdings Act 1986] (tenant’s right to cause notice to quit part of holding to operate as notice to quit entire holding).
(7)The reference in subsection (1)(a) above to a notice to treat served by an acquiring authority includes a reference to a notice to treat deemed to have been so served under any of the provisions mentioned in section 53(5) above [F59and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 293 of the Town and Country Planning Act 1990).].
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
Textual Amendments
F54Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 55(2)(a)
F55Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 55(2)(b)
F56Words substituted by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), Sch. 1 para. 6(4)(d) except in relation to notices to quit given before 7.4.1978:and Agricultural Holdings (Notices to Quit) Act 1977 (c. 12 , s. 14 and continued by virtue of Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 55(2)
F57Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 55(3)
F58Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 54(4)
F59Words in s. 59(7) inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para.7 (with s. 84(5)); S.I. 1991/2067,art. 3.
Marginal Citations
Textual Amendments
(1)Where a notice to quit in respect of which a person is entitled to make an election under section 59 above relates to part only of an agricultural holding and that person makes such an election within the period of two months beginning with the date of service of that notice, or, if later, the decision of the Agricultural Land Tribunal, he may also within that period serve a notice on the acquiring authority claiming that the remainder of the holding is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit.
(2)If the acquiring authority do not within the period of two months beginning with the date of service of a notice under subsection (1) above agree in writing to accept the notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Lands Tribunal, and on any such reference the Tribunal shall determine whether the claim in the notice is justified and declare the notice valid or invalid in accordance with its determination of that question.
(3)Where a notice under subsection (1) above is accepted as, or declared to be, valid under subsection (2) above then, if before the end of twelve months after it has been so accepted or declared the claimant has given up to the acquiring authority possession of the part of the holding to which the notice relates, section 20 of the M26Compulsory Purchase Act 1965 and section 12 of the M27Agriculture (Miscellaneous Provisions) Act 1968 shall have effect as if the acquiring authority had taken possession of that part in pursuance of a notice of entry under section 11(1) of the said Act of 1965 on the day before the expiration of the year of the tenancy which is current when the notice is so accepted or declared.
(4)Subsections (2) to (4) of section 55 and subsection (3) of section 56 above shall apply in relation to subsections (1) to (3) above and to a notice under subsection (1) above as they apply in relation to those sections and a counter-notice under subsection (1) of section 55, and shall so apply with the necessary modifications and as if any reference to the notice of entry were a reference to the notice to quit.
(5)Where an election under section 59 above ceases to have effect in relation to any land by virtue of subsection (3) of that section any notice served by virtue of this section shall also cease to have effect in relation thereto.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
Textual Amendments
F62Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
Marginal Citations
Textual Amendments
(1)Compensation under section 68 of the M28Lands Clauses Consolidation Act 1845 or section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection where no land taken) shall carry interest, at the rate for the time being prescribed under section 32 of the M29Land Compensation Act 1961, from the date of the claim until payment.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64
Textual Amendments
F64Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65
Textual Amendments