C9Part I General

Annotations:
Modifications etc. (not altering text)

Compulsory purchase

C72 Procedure for authorisation.

1

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

2

A compulsory purchase order authorising a compulsory purchase by an authority other than a Minister shall be made by that authority and submitted to and confirmed by the confirming authority in accordance with Part II of this Act.

3

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.

2AF2Tunnels etc

1

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.

2

The provisions mentioned in subsection (1) are—

a

Schedule 2A of the Compulsory Purchase Act 1965 (objection to division of land),

b

any substituted version of that Schedule that applies by virtue of provision made by or under any Act, and

c

Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (objection to division of land).

3 Minerals.

Schedule 2 to this Act (exception of minerals from purchases etc.) shall have effect.

C1C2C3C4C5C6C8C104 Assessment of compensation.

1

In relation to a compulsory purchase the M1Land Compensation Act 1961 shall have effect subject to the provisions of this section.

2

The F1Upper 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 F1Upper 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.