Part III Effect of Declaration

7 Constructive notice to treat.

1

On the vesting date the provisions of—

a

the M1Land Compensation Act 1961 (as modified by section 4 of the M2Acquisition of Land Act 1981) and

b

the M3Compulsory Purchase Act 1965,

shall apply as if, on the date on which the general vesting declaration was executed, a notice to treat had been served on every person on whom, under section 5 of the Compulsory Purchase Act 1965, the acquiring authority could have served such a notice, other than—

i

any person entitled to an interest in the land in respect of which such a notice had actually been served before the vesting date, and

ii

any person entitled to a minor tenancy or a long tenancy which is about to expire.

2

For the purposes of subsection (1) above it shall be assumed that the acquiring authority required to take the whole of the land specified in the declaration and had knowledge of all the parties referred to in section 5 of the Compulsory Purchase Act 1965.

3

The power conferred by section 31 of the M4Land Compensation Act 1961 to withdraw a notice to treat shall not be exercisable in respect of a notice to treat which is deemed to be served under this section.