Acquisition of Land Act 1981

The authorisation of a compulsory purchase shall be conferred by an order (in this Act called a “compulsory purchase order”).

A compulsory purchase order authorising a compulsory purchase by a Minister shall be made by the Minister in accordance with Schedule 1 to this Act.

A compulsory purchase order may provide that in the following provisions, a reference to land (however expressed) does not include specified land that is at least 9 metres or more below the surface.

In relation to a compulsory purchase the M5Land Compensation Act 1961 shall have effect subject to the provisions of this section.

The F6Upper Tribunal shall not take into account any interest in land, or any enhancement of the value of any interest in land, by reason of any building erected, work done or improvement or alteration made, whether on the land purchased or on any other land with which the claimant is, or was at the time of the erection, doing or making of the building, works, improvement or alteration, directly or indirectly concerned, if the F6Upper Tribunal is satisfied that the creation of the interest, the erection of the building, the doing of the work, the making of the improvement or the alteration, as the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

For the purposes of the execution of his powers and duties under this Act, a Minister may cause to be held such public local inquiries as are directed by this Act and such other public local inquiries as he may think fit.

Subsections (2) and (3) of section 250 of the M6Local Government Act 1972 (giving of evidence on inquiries) shall apply to a public local inquiry held in pursuance of this Act.

This section applies to information about land in relation to which an acquiring authority is entitled to exercise a power of compulsory purchase.

The power in subsection (2) is exercisable for the purpose of enabling the acquiring authority to acquire the land.

The notice must specify the period within which the information must be given to the acquiring authority (being a period of not less than 14 days beginning with the day on which the notice is served).

The notice must be in writing.

Section 6(4) does not apply to notices to be served under this section.

A person commits an offence if he fails without reasonable excuse to comply with a notice served on him under section 5A.

The reference in subsection (3) to a director must be construed in accordance with section 331(2) of the Town and Country Planning Act 1990.

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Any notice or other document required or authorised to be served under this Act may be served on any person either by delivering it to him, or by leaving it at his proper address, or by post, so however that the document shall not be duly served by post unless it is sent by registered letter, or by the recorded delivery service.

Any such document required or authorised to be served upon an incorporated company or body shall be duly served if it is served upon the secretary or clerk of the company or body.

For the purposes of this section and of section 7 of the M7Interpretation Act 1978 the proper address of any person upon whom any such document as aforesaid is to be served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person to be served:

If the authority or Minister having jurisdiction to make the order in connection with which the document is to be served is satisfied that reasonable inquiry has been made and that it is not practicable to ascertain the name or address of an owner, lessee F9, tenant or occupier of land on whom any such document as aforesaid is to be served, the document may be served by addressing it to him by the description of “owner”, “lessee” F10, “tenant” or “occupier” of the land (describing it) to which it relates, and by delivering it to some person on the F11land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land.

The undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaking for the purposes of this Act except to the extent that it is the person’s undertaking as licence holder; and references in this Act to the person’s undertaking shall be construed accordingly.

The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.

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In this Act “the appropriate Minister” means, in relation to any statutory undertakers, the Secretary of State.

If any question arises under this Act which Minister is the appropriate Minister, the question shall be determined by the Treasury.

If the confirming authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority to make the copies referred to in subsection (2)(c) available for inspection at an appropriate place, the confirming authority may direct that the requirement in subsection (2)(c) (together with that in section 12(1)(ba)) is not to apply.

In addition, the acquiring authority shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the order.

A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).

Where under this section any notice is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the F51Church Commissioners F51Diocesan Board of Finance for the diocese in which the land is situated .

In this subsection “ecclesiastical property” means land belonging to any ecclesiastical benefice F52of the Church of England , or being or forming part of a church subject to the jurisdiction of the bishop of any diocese F52of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F53F54or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976.

For the purposes of sections 11 and 12, the day specified as the final day for making objections must be the last day, or a day after the last day, of the period of 21 days beginning with the first day at the beginning of which the acquiring authority expects that all of the following conditions will be satisfied.

The confirming authority may require every person who makes a relevant objection to state the grounds of the objection in writing.

If the confirming authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection.

The notice requirements are the requirements under sections 11 and 12 to publish, affix and serve notices in connection with the compulsory purchase order.

A relevant objection is an objection by a person who is a qualifying person for the purposes of section 12(2), but if such a person qualifies only by virtue of section 12(2A)(b) and the confirming authority thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection.

Disregarded means disregarded under subsection (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.

If a person who has made a remaining objection takes the opportunity to appear before a person appointed under subsection (3)(b) the confirming authority must give the acquiring authority and any other person it thinks appropriate the opportunity to be heard at the same time.

In deciding between those options, the confirming authority must have regard to the scale and complexity of what is proposed by the order.

The representations procedure is a procedure to be prescribed.

The regulations may provide for hearings to be held by the confirming authority or by a person appointed by the confirming authority.

In subsection (1E), “representations” means representations as to whether the order should be confirmed.

The confirming authority may confirm the order with or without modifications.

Relevant objection and disregarded must be construed in accordance with section 13.

This section applies where the confirming authority decides under section 13A to follow the F59written representations procedure.

The confirming authority may make orders as to the costs of the parties to the F60written representations procedure, and as to which party must pay the costs.

An order under subsection (2) may be made a rule of the High Court on the application of any party named in the order.

The costs incurred by the confirming authority in connection with the F61written representations procedure must be paid by the acquiring authority, if the confirming authority so directs.

The confirming authority may certify the amount of its costs, and any amount so certified and directed to be paid by the acquiring authority is recoverable summarily by the confirming authority as a civil debt.

Section 42(2) of the Housing and Planning Act 1986 (recovery of Minister’s costs in connection with inquiries) applies to the F62written representations procedure as if the procedure is an inquiry specified in section 42(1) of that Act.

Regulations under section F6313A(6) F6313A(1D) may make provision as to the giving of reasons for decisions taken in cases where the F64written representations procedure is followed.

The confirming authority may confirm a compulsory purchase order conditionally.

The conditions and the time are to be specified by the confirming authority when it confirms the order.

The procedure to be followed in relation to an application under this section is to be prescribed.

The regulations may include provision as to the giving of reasons for the decision on the application.

Subsections (2) to (6) of section 13B apply to proceedings on an application under this section as they apply to the representations procedure.

The confirming authority may confirm an order (with or without modifications) so far as it relates to part of the land comprised in the order (the “relevant part”) if each of the conditions in subsection (2) is met.

If there is a remaining objection in respect of the order, the confirming authority may only act under subsection (1) after complying with section F6613A(2) or (3) F6613A(1A) or (1B) (as the case may be).

But it may act under subsection (1) without complying with those provisions if it is satisfied that all remaining objections relate solely to the remaining part of the land.

The notices to be published, affixed and served under section 15 must include a statement as to the effect of the direction given under subsection (5)(a).

Notice requirements must be construed in accordance with section 13.

Remaining objection must be construed in accordance with section 13A.

The confirming authority may, when it confirms a compulsory purchase order, include provision in the order specifying a period longer than three years for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for notice to treat) and section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (time limit for general vesting declaration).

No such provision is to be included by the acquiring authority in the order submitted for confirmation.

Nor does it apply to an order directing that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (see section 15A).

An objection is an objection made by any person (whether or not a person mentioned in section 12(2)), including an objection which is disregarded.

The acquiring authority must notify the confirming authority as soon as reasonably practicable after it has determined whether or not to confirm the order.

The confirming authority may revoke a notice given by it under subsection (1).

But a notice may not be revoked if the determination has already been made and notified by the acquiring authority under subsection (6).

An order confirmed by the acquiring authority under subsection (1) is to have the same effect as if it were confirmed by the confirming authority.

Notices under this section must be in writing.

Notice requirements and disregarded must be construed in accordance with section 13.

The Secretary of State must publish one or more timetables in relation to steps to be taken by confirming authorities, other than the Welsh Ministers, in confirming a compulsory purchase order.

The Secretary of State may at any time revise a timetable published under this section.

The validity of an order is not affected by any failure to comply with a timetable published under this section.

The Secretary of State must lay before Parliament an annual report showing the extent to which confirming authorities have complied with any applicable timetable published under this section.

A report laid by the Secretary of State under this section need not include information about a confirming authority if the number of compulsory purchase orders submitted to it is lower than a minimum specified by the Secretary of State in the report.

The Welsh Ministers may publish one or more timetables in relation to steps to be taken by them in confirming a compulsory purchase order.

Different timetables may be published in relation to different types of compulsory purchase order.

The Welsh Ministers may at any time revise a timetable published under this section.

The validity of an order is not affected by any failure to comply with a timetable published under this section.

The Welsh Ministers must lay before the National Assembly for Wales an annual report showing the extent to which they have complied with any applicable timetable published under this section.

A confirming authority may appoint a person (“an inspector”) to act instead of it in relation to the confirmation of a compulsory purchase order to which section 13A applies.

Where an inspector decides whether or not to confirm the whole or part of a compulsory purchase order, the inspector's decision is to be treated as that of the confirming authority.

Where in any enactment there is a provision that applies in relation to a confirming authority acting under this Part, that provision is to be read as applying equally in relation to an inspector so far as the context permits.

In this section “remaining objection” is to be construed in accordance with section 13A.

If the confirming authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority to make the copies referred to in subsection (4)(c) available for inspection at an appropriate place, the confirming authority may direct that the requirement in subsection (4)(c) is not to apply.

A confirmation notice F87or fulfilment notice must be in the prescribed form.

The acquiring authority must send the confirmation notice F89, and any fulfilment notice, to the Chief Land Registrar and F90it F90each such notice shall be a local land charge.

The acquiring authority may include in the order a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if it does so the following provisions of this section apply.

The acquiring authority must submit to the confirming authority a statement of commitments together with the order.

A “statement of commitments” is a statement of the acquiring authority’s intentions as to what will be done with the project land should the acquisition proceed, so far as the authority relies on those intentions in contending that the direction is justified in the public interest.

If the authorising enactment is listed in any of paragraphs 2 to 7 of Schedule 2A, those intentions must include the provision of a certain number of units of affordable housing.

The statement under section 12(1)(a) must include a statement of the effect of the direction; and paragraphs (ba) and (bb) of the same subsection apply in respect of the statement of commitments as they apply in respect of the compulsory purchase order.

The confirming authority may permit the acquiring authority to amend the statement of commitments before the decision whether to confirm the order is made.

Subject to subsection (3) below, a compulsory purchase order shall, in so far as it authorises the compulsory purchase of land to which this section applies, be subject to special parliamentary procedure in any case where an objection to F104the compulsory purchase of the land has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.

Subsection (3) of section 16 above applies in relation to subsections (1) and (2) above as it applies in relation to the preceding provisions of that section.

Subsection (2) above shall not apply to the compulsory acquisition of an interest in land where the person acquiring the interest is a local authority (as defined in subsection (4) below) F106a National Park authority, F107an urban development corporation F108, a Mayoral development corporation F109, F110...,. . . F111. . ., F112a Welsh planning board, any statutory undertakers or a Minister.

An order under paragraph (b) of the definition of “statutory undertakers” in subsection (4) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

This section applies to land belonging to the National Trust which is held by the Trust inalienably.

A compulsory purchase order shall, in so far as it authorises the compulsory purchase of land to which this section applies, be subject to special parliamentary procedure in any case where an objection to F133the compulsory purchase of the land has been duly made by the National Trust and has not been withdrawn.

In this section “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the M10National Trust Act 1907 or section 8 of the M11National Trust Act 1939.

Notice under subsection (2) above shall be given in such form and manner as the Secretary of State may direct.

This Act in its application to compulsory rights orders by section 4 of the M20Opencast Coal Act 1958 has effect subject to this section.

Any modifications of particular provisions of this Act which are specified in the following provisions of this section shall have effect, in relation to those provisions, in addition to the general modifications mentioned above.

Section 13 of this Act shall apply as if for F153the reference to a qualifying person for the purposes of section 12(2) there were substituted a reference to any person who, in relation to the order, is a person directly concerned.

Part III of this Act shall apply as if section 17 were omitted.

The date on which the compulsory rights order becomes operative shall be that mentioned in section 26(1) of this Act or such later date (not being more than one year after confirmation of the order) as may be determined by the Secretary of State and specified in the order as confirmed.

In the application of this Act to compulsory rights orders “prescribed” means prescribed by regulations under the M22Opencast Coal Act 1958.

In this section “opencast planning permission” and “persons directly concerned” have the same meanings as in the Opencast Coal Act 1958.

Section 28 above and Schedule 3 to this Act shall not apply to a compulsory purchase to which this section applies.

Section 16(2) of, and paragraph 3(2) of Schedule 3 to, this Act shall not apply to an order confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would (apart from this subsection) have power to make or confirm it.

Where in accordance with this section a compulsory acquisition is effected under a compulsory purchase order confirmed or made without the appropriate Minister’s certificate F163sections 280 to 282 of the Town and Country Planning Act 1990 (measure of compensation) shall apply in accordance with F163section 280(1)(c) of that Act.