Section 144.
Textual Amendments
F1Word substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115), s. 17(2)(a) and Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(2), Sch. 5 para. 1
1E+W+SF2... The 1947 Act shall apply in relation to the compulsory acquisition of land under section 142 or 143 above with the modifications made by the following provisions of this Part of this Schedule F2...
Textual Amendments
F2Words in Sch. 28 para. 1 repealed (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 10(5), Sch. 9 (with s. 111, Sch. 7 para. 10(6)); S.I. 2004/2593, art. 2(d)(e)
2(1)Where a compulsory purchase order authorising the acquisition of any land is submitted to the Secretary of State in accordance with Part I of Schedule 1 then, if the Secretary of State—E+W+S
(a)is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised therein, but
(b)has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land,
he may confirm the order so far as it relates to the land mentioned in paragraph (a) above, and give directions postponing the consideration of the order, so far as it relates to any other land specified in the directions, until such time as may be so specified.
(2)Where the Secretary of State gives directions under sub-paragraph (1) above, the notices required by paragraph 6 of Schedule 1 to be published and served shall include a statement of the effect of the directions.
[F33(1)Notwithstanding anything in paragraph 10 of Schedule 1, a compulsory purchase order under section 142 or 143 above authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking may be confirmed without a certificate under that paragraph.E+W+S
(2)Except where the appropriate Minister’s certificate is given, a compulsory purchase order to which this paragraph applies shall be of no effect unless it is confirmed by the appropriate Minister jointly with the Minister or Ministers who would apart from this sub-paragraph have power to confirm it.
In this sub-paragraph “the appropriate Minister’s certificate” means such a certificate as is mentioned in paragraph 10 of Schedule 1.
(3)Sections 238 to 240 of the Act of 1971 (measure of compensation for statutory undertakers) and sections 227 to 229 of the 1972 Act (which make similar provision for Scotland) shall apply in respect of a compulsory acquisition which is effected by a compulsory purchase order which by virtue of this paragraph is confirmed without a certificate.]
Textual Amendments
F3Para 3 repealed (E.W.) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I
4(1)The provisions of Part I of the M1Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under section 142 above; and in the said Part I as so applied “land" shall have the meaning given by the M2Interpretation Act 1978.E+W+S
(2)For the purpose of the acquisition by agreement of land in Scotland under section 142 of this Act, the Lands Clauses Acts (except the provisions relating to the purchase of land otherwise than by agreement and the provisions relating to access to the special Act, and except sections 120 to 125 of the M3Lands Clauses Consolidation (Scotland) Act 1845) and sections 6 and 70 of the M4Railways Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act, as originally enacted and not as amended for certain purposes by section 15 of the M5Mines (Working Facilities and Support) Act 1923 shall be incorporated with section 142 of this Act, and in construing those Acts for the purpose of that section, that section shall be deemed to be the special Act, and the urban development corporation to be promoters of the undertaking or company, as the case may require; and in those Acts as so incorporated “land" shall have the meaning given by the M6Interpretation Act 1978.
Marginal Citations
M11965 c. 56 (28:1).
M21978 c. 30 (115:1).
M31845 c. 19 (28:2).
M41845 c. 33 (102).
M51923 c. 20 (102).
M61978 c. 30 (115:1).
5(1)Subject to this paragraph, on an order under section 141 above coming into force or the completion by an urban development corporation or local highway authority of a compulsory acquisition of land under this Part of this Act, all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and any such apparatus shall vest in the corporation or (as the case may be) authority.E+W+S
(2)Sub-paragraph (1) above does not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of carrying on their undertaking [F4or to any right conferred by or in accordance with [F5the electronic communications code] on the operator of [F6an electronic communications code network] or to any [F7electronic communications apparatus] kept installed for the purposes of any [F8such network]].
(3)In respect of any right or apparatus not falling within sub-paragraph (2) above, sub-paragraph (1) above shall have effect subject—
(a)to any direction given by the Secretary of State before the coming into force of the order (or, as the case may be, by the corporation before the completion of the acquisition) that sub-paragraph (1) above shall not apply to any right or apparatus specified in the direction, and
(b)to any agreement which may be made (whether before or after the coming into force of the order or completion of the acquisition) between the Secretary of State (or corporation) and the person in or to whom the right or apparatus in question is vested or belongs.
(4)Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the corporation.
(5)Any compensation payable under this paragraph shall be determined in accordance with the M7Land Compensation Act 1961 or the M8Land Compensation (Scotland) Act 1963.
Textual Amendments
F4Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 75(2)
F5Words in Sch. 28 para. 5 substituted (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. 17 para. 52(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F6Words in Sch. 28 para. 5 substituted (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. 17 para. 52(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F7Words in Sch. 28 para. 5 substituted (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. 17 para. 52(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F8Words in Sch. 28 para. 5 substituted (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. 17 para. 52(2)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
Marginal Citations
M71961 c. 33 (28:1).
M81963 c. 51 (28:2).
6(1)The erection, construction or carrying out, or maintenance, of any building or work on land [F9in Scotland] which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act, whether done by the corporation or authority or by any other person, is authorised by virtue of this paragraph if it is done in accordance with planning permission, notwithstanding that it involves interference with an interest or right to which this paragraph applies, or involves a breach of a restriction as to the user of land by virtue of a contract.E+W+S
F10(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Nothing in sub-paragraph (1) F11... above shall authorise interference with an right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking [F12of a right conferred by or in accordance with [F13the electronic communications code] on the operator of [F14an electronic communications code network]].
(3)This paragraph applies to the following interests and rights, that is to say, any easement, servitude, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.
(4)In respect of any interference or breach in pursuance of sub-paragraph (1) F15... above, compensation shall be payable under F16... section 61 of the M9Lands Clauses Consolidation (Scotland) Act 1845 and section 6 of the M10Railways Clauses Consolidation (Scotland) Act 1845), to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase by an urban development corporation or local highway authority or the injury arises from the execution of works on F17... land acquired by such a corporation or authority.
(5)Where a person other than the urban development corporation or local highway authority by or in whom the land in question was acquired or vested is liable to pay compensation by virtue of sub-paragraph (4) above, and fails to discharge that liability, the liability shall (subject to sub-paragraph (6) below) be enforceable against the corporation or authority.
(6)Nothing in sub-paragraph (5) above shall be construed as affecting any agreement between the corporation or authority and any other person for indemnifying the corporation or authority against any liability under that sub-paragraph.
(7)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable [F18at the instance] of any person on any grounds other than such an interference or breach as is mentioned in sub-paragraph (1) F19... above.
(8)Nothing in this paragraph shall be construed as authorising any act or omission on the part of an urban development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the corporation, authority or body.
Textual Amendments
F9Words in Sch. 28 para. 6(1) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(a); S.I. 2016/733, reg. 3(m)
F10Sch. 28 para. 6(1A) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(b); S.I. 2016/733, reg. 3(m)
F11Words in Sch. 28 para. 6(2) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(c); S.I. 2016/733, reg. 3(m)
F12Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 75(3)
F13Words in Sch. 28 para. 6 substituted (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. 17 para. 52(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F14Words in Sch. 28 para. 6 substituted (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. 17 para. 52(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F15Words in Sch. 28 para. 6(4) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(d)(i); S.I. 2016/733, reg. 3(m)
F16Words in Sch. 28 para. 6(4) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(d)(ii); S.I. 2016/733, reg. 3(m)
F17Words in Sch. 28 para. 6(4) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(d)(iii); S.I. 2016/733, reg. 3(m)
F18Words in Sch. 28 para. 6(7) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(e)(i); S.I. 2016/733, reg. 3(m)
F19Words in Sch. 28 para. 6(7) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(e)(ii); S.I. 2016/733, reg. 3(m)
Marginal Citations
M91845 c. 19 (28:2).
M101845 c. 33 (102).
7(1)Any consecrated land, whether including a building or not, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may (subject to the following provisions of this paragraph) be used by the corporation or authority, or by any other person, in any manner in accordance with planning permission, notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land.E+W
(2)Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground.
(3)Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land, not being consecrated land, vested or acquired as mentioned in that sub-paragraph which at the time of acquisition included a church or other building used or formerly used for religious worship or the site thereof, shall be subject to compliance with the prescribed requirements with respect to the removal and reinterment of any human remains, and the disposal of monuments and fixtures and furnishings; and, in the case of consecrated land, shall be subject to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part thereof, remains on the land.
(4)Any regulations made for the purposes of sub-paragraph (3) above—
(a)shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;
(b)shall contain requirements relating to the disposal of any such land as is mentioned in sub-paragraph (3) above such as appear to the Secretary of State requisite for securing that the provisions of that sub-paragraph shall be complied with in relation to the use of the land; and
(c)may contain such incidental and consequential provisions (including provision as to the closing of registers) as appear to the Secretary of State to be expedient for the purposes of the regulations.
(5)Any land consisting of a burial ground or part of a burial ground, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may be used by the corporation or authority in any manner in accordance with plannning permission, notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds.
(6)Sub-paragraph (5) above shall not have effect in respect of any land which has been used for the burial of the dead until the prescribed requirements with respect to the removal and reinterment of human remains, and the disposal of monuments, in or upon the land have been complied with.
(7)Provision shall be made by any regulation made for the purposes of sub-paragraph (3) above and sub-paragraph (6) above—
(a)for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments;
(b)for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and reinterment of the remains of the deceased, and the disposal of any monument commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, reinterment and disposal, not exceeding such amount as may be prescribed;
(c)for requiring compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal, and the place and manner of reinterment of any human remains, and the disposal of any monuments, and with any directions given in any case by the Secretary of State with respect to the removal and reinterment of any human remains.
(8)Subject to the provisions of any such regulations, no faculty shall be required for the removal and reinterment in accordance with the regulations of any human remains, or for the removal or disposal of any monuments, and the provisions of section 25 of the M11Burial Act 1857 (which prohibits the removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in accordance with the regulations.
(9)Any power conferred by this paragraph to use land in a manner therein mentioned shall be construed as a power so to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not.
(10)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in sub-paragraph (1) of sub-paragraph (5) above.
[F20(11)Nothing in this paragraph shall be construed as authorising any act or omission on the part of an urban development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the corporation, authority or body.]
(12)In this paragraph “burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and “monument” includes a tombstone or other memorial.
(13)In this paragraph “prescribed” means prescribed by regulations made by the Secretary of State.
(14)The power to make regulations under this paragraph shall be exercisable by statutory instrument; and any statutory instrument containing regulations made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(15)This paragraph shall not apply to Scotland.
Textual Amendments
F20Sch. 28 para. 7(11) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(3); S.I. 2016/733, reg. 3(m)
Marginal Citations
M111857 c. 81 (17:1).
8..E+W+S[F21Section 197 of the 1997 Act]shall have effect in relation to land in Scotland which is required by an urban development corporation or a local highway authority for the purposes of this Part of this Act as it has in relation to land acquired by a planning authority as mentioned in subsection (1) of that section.
Textual Amendments
F21Words in Sch. 28 para. 8 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(10)(a)
9(1)Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may be used by the corporation or authority, or by any other person, in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.E+W+S
(2)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit(or in Scotland at the instance)of any person on any grounds other than contravention of any such enactment as is mentioned in sub-paragraph (1) above.
[F22(3)Nothing in this paragraph shall be construed as authorising any act or omission on the part of an urban development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the corporation, authority or body.]
(4)In the application of this paragraph to Scotland, the words “or fuel or field garden allotment" shall be omitted.
Textual Amendments
F22Sch. 28 para. 9(3) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(4); S.I. 2016/733, reg. 3(m)
10[F23(1)]If the Secretary of State certifies that possession of a house which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this part of this Act and is for the time being held by that corporation or authority for the purposes for which it was acquired, is immediately required for those purposes, nothing in [F24an enactment mentioned in sub-paragraph (2)] shall prevent that corporation or authority from obtaining possession of the house.E+W+S
[F25(2)The enactments referred to in sub-paragraph (1) are—
(a)the Rent (Agriculture) Act 1976,
(b)the Rent Act 1977,
(c)the Housing Act 1988,
(d)the Rent (Scotland) Acts 1971 to 1975,
(e)the Rent (Scotland) Act 1984,
(f)the Housing (Scotland) Act 1988,
(g)the Private Housing (Tenancies) (Scotland) Act 2016.]
Textual Amendments
F23Sch. 28 para. 10(1): Sch. 28 para. 10 renumbered as Sch. 28 para. 10(1) (1.12.2017) by The Private Housing (Tenancies) (Scotland) Act 2016 (Consequential Provisions) Regulations 2017 (S.S.I. 2017/405), regs. 1, 2(2)(a)
F24Words in Sch. 28 para. 10(1) substituted (1.12.2017) by The Private Housing (Tenancies) (Scotland) Act 2016 (Consequential Provisions) Regulations 2017 (S.S.I. 2017/405), regs. 1, 2(2)(b)
11(1)Where any land has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act and is for the time being held by that corporation or authority for those purposes, the Secretary of State may by order extinguish any public right of way over the land.E+W+S
(2)Where the Secretary of State proposes to make an order under this paragraph, he shall publish in such manner as appears to him to be requisite a notice—
(a)stating the effect of the order, and
(b)specifying the time (not being less than 28 days from the publication of the notice) within which, and the manner in which, objections to the proposal may be made,
and shall serve a like notice—
(i)on the district planning authority [F26or, in Wales, the local planning authority] (or in Scotland the planning authority [F27within the meaning of section 1 of the 1997 Act]) in whose area the land is situated, and
(ii)on the relevant highway authority.
In this sub-paragraph “the relevant highway authority” means any authority which is a highway authority in relation to the right of way proposed to be extinguished by the order, other than an authority which has applied for the order to be made.
(3)Where an objection to a proposal to make an order under this paragraph is duly made and is not withdrawn, the provisions of paragraph 12 below shall have effect in relation to the proposal.
(4)For the purposes of this paragraph an objection to such a proposal shall not be treated as duly made unless—
(a)it is made within the time and in the manner specified in the notice required by this paragraph, and
(b)a statement in writing of the grounds of the objection is comprised in or submitted with the objection.
(5)Where it is proposed to make an order under this paragraph extinguishing a public right of way over a road on land acquired for the purposes of this Act by an urban development corporation, and compensation in respect of restrictions imposed under section 1 or 2 of the M12Restriction of Ribbon Development Act 1935 in respect of that road has been paid by the highway authority (or, in the case of a trunk road, by the authority which, when the compensation was paid, was the authority for the purposes of section 4 of the M13Trunks Roads Act 1936), the order may provide for the payment by the urban development corporation to that authority, in respect of the compensation so paid of such sums as the Secretary of State, with the consent of the Treasury, may determine.
(6)Where the Secretary of State is satisfied that the construction or improvement of a road is or will be needed in consequence of the extinguishment under this paragraph of a public right of way, section 143 above shall apply as it applies where the Secretary of State is satisfied that the construction or improvement of a road is needed as mentioned in subsection (1) of that section.
(7)Where the Secretary of State makes an order under this paragraph on the application of an urban development corporation or local highway authority, he shall send a copy of it to [F28the universal service provider (within the meaning of [F29Part 3 of the Postal Services Act 2011]) who provides a universal postal service (within the meaning of [F30that Part]) for the area in which the land is situated].
Textual Amendments
F26Words in Sch. 28 para. 11(2)(b)(i) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 16(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F27Words in Sch. 28 para. 11(2)(b)(i) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(10)(b)
F28Words in Sch. 28 para. 11(7) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 48(6)
F29Words in Sch. 28 para. 11(7) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 109(a); S.I. 2011/2329, art. 3
F30Words in Sch. 28 para. 11(7) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 109(b); S.I. 2011/2329, art. 3
Marginal Citations
M121935 c. 47 (108).
12(1)In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification, if any, ought to be made.E+W+S
(2)Unless the Secretary of State decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the Secretary of State shall, before making a final decision, consider the grounds of the objection as set out in the statement comprised in or submitted with the objection, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.
(3)In so far as the Secretary of State, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the Secretary of State may treat the objection as irrelevant for the purpose of making a final decision.
(4)If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the Secretary of State is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the Secretary of State may make a final decision without further investigation as to those matters.
(5)Subject to sub-paragraphs (3) and (4) above, the Secretary of State, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State; and if the objectors avails himself of that opportunity, the Secretary of State shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, urban development corporation or other person, if any, on whose representation the order is proposed to be made, and to any other persons to whom it appears to the Secretary of State to be expedient to afford such an opportunity.
(6)Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the Secretary of State that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.
[F3113(1)Where an order under paragraph 11 above extinguishing a public right of way is made on the application of an urban development corporation or local highway authority, and at the time of the publication of the notice required by sub-paragraph (2) of that paragraph any [F32electronic communications apparatus] was kept installed for the purposes of [F33an electronic communications code network] under, in, on, over, along or across the land over which the right of way subsisted—E+W+S
(a)the power of the operator of [F34the network] to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of [F34the network] has given notice to the corporation or authority of his intention to remove the apparatus or that part of it, as the case may be;
(b)the operator of [F34the network] may by notice given in that behalf to the corporation or authority not later than the end of the said period of three months abandon the [F32electronic communications apparatus] or any part of it;
(c)subject to paragraph (b), the operator of [F34the network] shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove;
(d)the operator of [F34the network] shall be entitled to recover from the corporation or authority the expense of providing, in substitution for the apparatus and any other [F32electronic communications apparatus] connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any [F32electronic communications apparatus] in such other place as the operator may require;
(e)where under the preceding provisions of this sub-paragraph the operator of [F34the network] has abandoned the whole or any part of any [F32electronic communications apparatus], that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of [F33an electronic communications code network].
(2)As soon as practicable after the making of an order under paragraph 11 above extinguishing a public right of way in circumstances in which sub-paragraph (1) above applies in relation to the operator of [F33an electronic communications code network], the Secretary of State shall give notice to the operator of the making of the order.]
Textual Amendments
F31Para. 13 substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 75(4)(5), Sch. 5 para. 45
F32Words in Sch. 28 para. 13 substituted (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. 17 para. 52(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F33Words in Sch. 28 para. 13 substituted (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. 17 para. 52(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F34Words in Sch. 28 para. 13 substituted (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. 17 para. 52(2)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
14(1)Where any land has been acquired by an urban development corporation under section 142 above and—E+W+S
(a)there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over that land; or
(b)there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking,
the corporation, if satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus, is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice stating that, at the end of the period of 28 days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of that period, the apparatus shall be removed.
(2)The statutory undertakers on whom a notice is served under sub-paragraph (1) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the corporation stating that they object to all or any provisions of the notice and specifying the grounds of their objection.
(3)If no counter-notice is served under sub-paragraph (2) above—
(a)any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice; and
(b)if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the corporation may remove the apparatus and dispose of it in any way it may think fit.
(4)If a counter-notice is served under sub-paragraph (2) above on a corporation, the corporation may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph embodying the provisions of the notice with or without modification.
(5)Where by virtue of this paragraph any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the corporation.
(6)[F35Sections 280 and 282 of the 1990 Act] or as the case may be [F36sections 233 and 235 of the 1997 Act] (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (5) above as they apply to compensation under [F35section 279(2) of the 1990 Act], or as the case may be [F36section 232(4) of the 1997 Act].
[F37(7)Except in a case in which paragraph 13 above has effect—
(a)the reference in paragraph (a) of sub-paragraph (1) above to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with [F38the electronic communications code] on the operator of [F39an electronic communications code network]; and
(b)the reference in paragraph (b) of that sub-paragraph to apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to [F40electronic communications apparatus] kept installed for the purposes of any [F41such network];
and for the purposes of this sub-paragraph, in this paragraph (except the said paragraphs (a) and (b)) and in paragraph 15 below, references to statutory undertakers shall have effect as references to the operator of any [F41such network] and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.]
Textual Amendments
F35Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(11)(a)
F36Words in Sch. 28 para. 14(6) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(10)(c)
F37Para. 14(7) substituted for para 14(7)(8) by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 75(6), Sch. 5 para. 45
F38Words in Sch. 28 para. 14 substituted (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. 17 para. 52(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F39Words in Sch. 28 para. 14 substituted (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. 17 para. 52(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F40Words in Sch. 28 para. 14 substituted (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. 17 para. 52(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F41Words in Sch. 28 para. 14 substituted (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. 17 para. 52(2)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
Modifications etc. (not altering text)
C1Sch. 28 para. 14(7): transfer of functions (13.4.2011) by The Transfer of Functions (Media and Telecommunications etc.) Order 2011 (S.I. 2011/741), arts. 1(2), 3, Sch. 1 (with art. 5)
15(1)Before making an order under paragraph 14(4) above the Ministers proposing to make the order—E+W+S
(a)shall afford to the statutory undertakers on whom notice was served under paragraph 14(1) above an opportunity of objecting to the application for the order; and
(b)if any objection is made, shall consider the objection and afford to those statutory undertakers and to the corporation on whom the counter-notice was served, an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State and the appropriate Minister for the purpose,
and may then, if they think fit, make the order in accordance with the application either with or without modification.
(2)Where an order is made under paragraph 14(4) above—
(a)any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and
(b)if, at the end of the period so specified in relation to any apparatus, and requirement of the order as to the removal of the apparatus has not been complied with, the corporation may remove the apparatus and dispose of it in any way it may think fit.
16(1)Subject to this paragraph, where any land has been acquired by an urban development corporation under section 142 above and—E+W+S
(a)there is on, under or over the land apparatus vested in or belonging to statutory undertakers; and
(b)the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,
the undertakers may serve on the corporation a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.
(2)Where, after the land has been acquired as mentioned in sub-paragraph (1) above, development of the land is begun to be carried out, no notice under this paragraph shall be served later than 21 days after the beginning of the development.
(3)Where a notice is served under this paragraph, the corporation on which it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice stating that it objects to all or any of the provisions of the notice and specifying the grounds of its objection.
(4)If no counter-notice is served under sub-paragraph (3) above, the statutory undertakers shall, after the end of the said period of 28 days, have the rights claimed in their notice.
(5)If a counter-notice is served under sub-paragraph (3) above, the statutory undertakers who served the notice under this paragraph may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.
(6)Where by virtue of this paragraph or an order of Ministers made under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the corporation for the works to be carried out by the corporation, under the superintendence of the undertakers, instead of by the undertakers themselves.
(7)Where works are carried out for the removal or re-siting of statutory undertakers’ apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or an order of Ministers made under it, the undertakers shall be entitled to compensation from the corporation.
(8)[F42Sections 280 and 282 of the 1990 Act] or as the case may be [F43sections 233 and 235 of the 1997 Act] (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (7) above as they apply to compensation under [F42section 279(4) of the 1990 Act] or, as the case may be, [F43section 232(4) of the 1997 Act].
[F44(9)In sub-paragraph (1)(a) above, the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to [F45electronic communications apparatus] kept installed for the purposes of [F46an electronic communications code network]; and for the purposes of this sub-paragraph, in this paragraph references (except in the said sub-paragraph (1)(a) to statutory undertakers shall have effect as references to the operator of any [F47such network] and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.]
Textual Amendments
F42Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(11)(b)
F43Words in Sch. 28 para. 16(8) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(10)(d)
F44Para. 16(9) inserted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 75(7), Sch. 5 para. 45
F45Words in Sch. 28 para. 16 substituted (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. 17 para. 52(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F46Words in Sch. 28 para. 16 substituted (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. 17 para. 52(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F47Words in Sch. 28 para. 16 substituted (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. 17 para. 52(2)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
Modifications etc. (not altering text)
C2Sch. 28 para. 16(9): transfer of functions (13.4.2011) by The Transfer of Functions (Media and Telecommunications etc.) Order 2011 (S.I. 2011/741), arts. 1(2), 3, Sch. 1 (with art. 5)
17(1)The powers conferred by this paragraph shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order—E+W+S
(a)to secure the provision for an urban development area of services which would not otherwise be provided, or which would not otherwise be satisfactorily provided, or
(b)to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in sub-paragraph (2) below.
(2)The said acts and events are—
(a)the acquisition under his Part of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question;
(b)the extinguishment of a right or the imposition of any requirements by virtue of paragraph 14 above.
(3)The powers conferred by this paragraph shall also be exercisable where, on a representation made by an urban development corporation, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified, in order to secure the provision of new services, or the extension of existing services, for the purposes of an urban development area under this Part of this Act.
(4)Where the powers conferred by this paragraph are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order to secure the provision of the services in question, as mentioned in sub-paragraph (1)(a) or (3) above, or to secure the adjustment in question, as mentioned in sub-paragraph (1)(b) above, as the case may be.
(5)Without prejudice to the generality of sub-paragraph (4) above, an order under this paragraph may make provision—
(a)for empowering the statutory undertakers to acquire (whether compulsorily or by agreement) any land specified in the order, and to erect or construct any buildings or works so specified;
(b)for applying, in relation to the acquisition of any such land or the construction of any such works, enactments relating to the acquisition of land and the construction of works;
(c)where it has been represented that the making of the order is expedient for the purposes mentioned in sub-paragraph (1)(a) or (3) above, for giving effect to such financial arrangements between the urban development corporation and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;
(d)for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.
18(1)As soon as may be after making such a representation as is mentioned in sub-paragraph (1) or (3) of paragraph 17 above—E+W+S
(a)the statutory undertakers, in a case falling within sub-paragraph (1); or
(b)the urban development corporation, in a case falling within sub-paragraph (3),
shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Secretary of State and the appropriate Minsiter, serve a like notice on such persons, or persons of such classes, as may be so directed.
(2)Orders under paragraph 17 above shall be subject to special parliamentary procedure.
19(1)Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligations incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this sub-paragraph applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.E+W+S
(2)Sub-paragraph (1) above applies to the following acts and events:—
(a)the compulsory acquisition under the Part of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers;
(b)the extinguishment of a right or the imposition of any requirement by virtue of paragraph 14 above.
(3)As soon as may be after making a representation to the appropriate Minister under sub-paragraph (1) above, the appropriate statutory undertakers shall, as may be directed by the appropriate Minister, either publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices.
(4)If any objection to the making of an order under this paragraph is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.
(5)Immediately after an order is made under his paragraph by the appropriate Minister, he shall publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and shall serve a like notice—
(a)on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this sub-paragraph, specifying an address for service, and
(b)on such other persons (if any) as the appropriate Minister thinks fit.
(6)Subject to the following provisions of this paragraph, an order under this paragraph shall become operative on the date on which the notice required by sub-paragraph (5) above is first published.
(7)Where in accordance with sub-paragraph (4) above the order is subject to special parliamentary procedure, sub-paragraph (6) above shall not apply.
(8)If any person aggrieved by an order under this paragraph wishes to question the validity of the order on the ground that it is not within the powers conferred by this paragraph, or that any requirement of this paragraph has not been complied with in relation to the order, he may, within six weeks from the date on which the notice required by sub-paragraph (5) above is first published, make an application to the High Court (or in Scotland the Court of Session) under this paragraph.
(9)On any application under sub-paragraph (8) above the High Court (or the Court of Session)—
(a)may by interim order wholly or in part suspend the operation of the order, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;
(b)if satisfied that the order is wholly or to any extent outside the powers conferred by this paragraph, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of this paragraph, may wholly or in part quash the order, either generally or in so far as it affects any property of the applicant.
(10)Subject to sub-paragraph (8) above, the validity of an order under this paragraph shall not be questioned in any legal proceedings whatsoever, either before or after the order has been made.
20(1)For the purposes of paragraphs 17 and 19 above, an objection to the making of an order thereunder shall not be treated as duly made unless—E+W+S
(a)the objection is made within the time and in the manner specified in the notice required by paragraph 18 or (as the case may be) 19 above; and
(b)a statement in writing of the grounds of the objection is comprised in or submitted with the objection.
(2)Where an objection to the making of such an order is duly made in accordance with sub-paragraph (1) above and is not withdrawn, the following provisions of this paragraph shall have effect in relation thereto; but, in the application of those provisions to an order under paragraph 17 above, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.
(3)Unless the appropriate Minister decides apart from the objection not to make an order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision, shall consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.
(4)In so far as the appropriate Minister, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.
(5)If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to those matters.
(6)Subject to sub-paragraphs (4) and (5) above, the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, local authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity.
(7)Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.
(8)In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made.
21(1)[F48The 1946 Act and] the M14Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make them apply to the compulsory purchase of rights by virtue of section 142(4) above as they apply to the compulsory purchase of land so that, in appropriate contexts, references in those Acts to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context.E+W+S
(2)Without prejudice to the generality of sub-paragraph (1) above, in relation to the purchase of rights in pursuance of section 143(4) above—
(a)[F49Part III of Schedule 1 to the 1946 Act (which provides for special parliamentary procedure in the case of the purchase of land of certain descriptions) shall have effect with the adaptations specified in paragraph 22 below:]
(b)Part I of the said Act of 1965 (which relates to compulsory purchases under the 1946 Act) shall have effect with the modifications specified in paragraph 23 below; and
(c)the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.
Textual Amendments
F48Words repealed (E.W.) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I
F49Para. 21(2)(a) repealed (E.W.) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I
Marginal Citations
M141965 c. 56 (28:1).
F5022E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
23(1)In the M15Compulsory Purchase Act 1965 (hereafter in this Part of this Schedule referred to as “the Act”) for section 7 (which relates to compensation) there shall be substituted the following—E+W+S
“7(1)In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent, if any, to which the value of the land over which the right is purchased is depreciated by the purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.
(2)The modifications subject to which subsection (1) of section 44 of the M16Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words “land is acquired or taken" there shall be substituted the words “ a right over land is purchased ” and for the words “acquired or taken from him" there shall be substituted the words “ over which the right is exercisable ””.
[F51(2)Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—
1(1)This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory.
(2)But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).
2In this Schedule “house” includes any park or garden belonging to a house.
3A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory.
4A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.
5On receiving a counter-notice the acquiring authority must decide whether to—
(a)withdraw the notice to treat,
(b)accept the counter-notice, or
(c)refer the counter-notice to the Upper Tribunal.
6The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).
7If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.
8If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.
9If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory.
10On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would—
(a)in the case of a house, building or factory, cause material detriment to the house, building or factory, or
(b)in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.
11In making its determination, the Upper Tribunal must take into account—
(a)the effect of the acquisition of the right,
(b)the proposed use of the right, and
(c)if the right 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 of the other land.
12If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take.
13If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land.
14(1)If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.
(2)If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.
(3)Any dispute as to the compensation is to be determined by the Upper Tribunal.”]
(3)The following provisions of the Act (which state the effect of a deed poll executed in various circumstances, where there is no conveyance by persons with interests in the land), namely—
section 9(4) (failure of owners to convey);
paragraph 10(3) of Schedule 1 (owners under incapacity);
paragraph 2(3) of Schedule 2 (absent and untraced owners); and
paragraphs 2(3) and 7(2) of Schedule 4 (common land),
shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overriden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.
(4)Section 11 of the Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on [F52enforcement officer's or sheriff's warrant] in the event of obstruction) of the Act shall be modified correspondingly.
(5)Section 20 of the Act (compensation for short-term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.
(6)Section 22 of the Act (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation.
Textual Amendments
F51Sch. 28 para. 23(2) substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 17 paras. 6, 7; S.I. 2017/75, reg. 3(g) (with reg. 5)
F52Words in Sch. 28 para. 23(4) substituted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 22 para. 2; S.I. 2007/2709, art. 5(b)
Marginal Citations
M161973 c. 26 (28:1).