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Part IIE+W Purchases By Local And Other Authorities

Modifications etc. (not altering text)

C1Pts. 2, 3 applied (with modifications) (28.1.2005) by The East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), arts. 1, 11

C4Pt. 2 restricted (coming into force in accordance with s. 208(4) of the amending Act) by National Health Service (Wales) Act 2006 (c. 42), s. 208(1), Sch. 2 para. 20(3) (with s. 19(3))

C5Pt. 2 incorporated (with modifications) (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 24 (with arts. 51, 57)

C6Pts. 2, 3 incorporated (with modifications) (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 22 (with art. 32, Sch. 9 para. 36)

C7Parts II-IV applied (31.10.1994) by Opencast Coal Act 1958 c. 69, s. 16(4A) as substituted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 14(5)(with s. 40(7)); S.I. 1994/2553, art. 2

Pt. II (ss. 10-15) restricted (E.) (4.1.2000) and (W.) (prosp.) by 1977 c. 49, Sch. 5A para. 19(3) (as inserted (E.) (4.1.2000) and (W.) (prosp.) by 1999 c. 8, ss. 2(2), 67(1), Sch. 1; S.I. 1999/2342, art. 2(3)(a), Sch. 2)

10 Preliminary.E+W

(1)This Part of this Act has effect except where a Minister is the acquiring authority.

(2)The compulsory purchase order shall be in the prescribed form and shall describe by reference to a map the land to which it applies.

(3)Before submitting the order to the confirming authority the acquiring authority shall comply with sections 11 and 12 below.

Notices prior to submission of order to confirming authorityE+W

11 Notices in newspapers.E+W

(1)The acquiring authority shall in two successive weeks publish a notice in the prescribed form in one or more local newspapers circulating in the locality in which the land comprised in the order is situated.

(2)The notice shall—

(a)state that the order has been made and is about to be submitted for confirmation,

(b)describe the land and state the purpose for which the land is required,

(c)name a place within the locality where a copy of the order and of the map referred to therein may be inspected, and

(d)specify the time (not being less than twenty-one days from the first publication of the notice) within which, and the manner in which, objections to the order can be made.

[F1(3)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.

(4)The notice under subsection (3) must—

(a)be addressed to persons occupying or having an interest in the land, and

(b)set out each of the matters mentioned in subsection (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under subsection (3) is first affixed).]

Textual Amendments

F1S. 11(3)(4) added (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(4) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

12 Notices to owners, lessees [F2, occupiers and others]. E+W

(1)The acquiring authority shall serve on every [F3qualifying person] a notice in the prescribed form—

(a)stating the effect of the order,

(b)stating that it is about to be submitted for confirmation, and

(c)specifying the time (not being less than twenty-one days from service of the notice) within which, and the manner in which, objections to the order can be made.

(2)[F4A person is a qualifying person, in relation to land comprised in an order, if—

(a)he is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land, F5...

(b)he falls within subsection (2A) [F6, or

(c)the person is entitled to the benefit of an obligation under a conservation covenant (within the meaning of Part 7 of the Environment Act 2021) relating to the land.]

(2A)A person falls within this subsection if he is—

(a)a person to whom the acquiring authority would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or

(b)a person the acquiring authority thinks is likely to be entitled to make a relevant claim if the order is confirmed and the compulsory purchase takes place, so far as he is known to the acquiring authority after making diligent inquiry.

(2B)A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).]

(3)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 [F7Church Commissioners] [F7Diocesan Board of Finance for the diocese in which the land is situated] .

In this subsection “ecclesiastical property” means land belonging to any ecclesiastical benefice [F8of the Church of England] , or being or forming part of a church subject to the jurisdiction of the bishop of any diocese [F8of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction [F9[F10or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976]].

Textual Amendments

F2Words in s. 12 title substituted (30.9.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 2(2) (with s. 144); S.I. 2022/48, reg. 5(d)

F3Words in s. 12(1) substituted (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(5)(a) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

F4S. 12(2)-(2B) substituted for s. 12(2) (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(5)(b) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

F7Words in s. 12(3) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(1)(a); 2006 No. 2, Instrument made by Archbishops

F8Words in s. 12(3) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(1)(b); 2006 No. 2, Instrument made by Archbishops

F10Words in s. 12(3) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(1)(c); 2006 No. 2, Instrument made by Archbishops

Modifications etc. (not altering text)

C9S. 12(2) and (3) applied (31.10.1994) by 1958 c. 69, s. 16(7A) as inserted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 14(9) (with s. 40(7)); S.I. 1994/2553, art. 2

Confirmation of orderE+W

[F1113 Confirmation of order: no objectionsE+W

(1)The confirming authority may confirm a compulsory purchase order with or without modifications if it is satisfied—

(a)that the notice requirements have been complied with, and

(b)that one of the conditions in subsection (2) is satisfied.

(2)The conditions are—

(a)no relevant objection is made;

(b)every relevant objection made is either withdrawn or disregarded.

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

(4)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.

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

(6)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.

(7)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.

Textual Amendments

F11Ss. 13-13C substituted for s. 13 (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(6) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

13AConfirmation of order: remaining objectionsE+W

(1)This section applies to the confirmation of a compulsory purchase order if a relevant objection is made which is neither—

(a)withdrawn, nor

(b)disregarded,

(a remaining objection).

(2)The confirming authority may proceed under the written representations procedure—

(a)if the order is not subject to special parliamentary procedure,

(b)in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and

(c)if every person who has made a remaining objection consents in the prescribed manner.

(3)If subsection (2) does not apply or if the confirming authority decides not to proceed under that subsection, it must either—

(a)cause a public local inquiry to be held, or

(b)give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose.

(4)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.

(5)The confirming authority may confirm the order with or without modifications if it has considered the objection and either —

(a)it has followed the written representations procedure, or

(b)in a case which falls within subsection (3), if an inquiry was held or a person was appointed under subsection (3)(b), it has considered the report of the person who held the inquiry or who was so appointed.

(6)The written representations procedure is such procedure as is prescribed for the purposes of this section including provision affording an opportunity to—

(a)every person who has made a remaining objection,

(b)the acquiring authority, and

(c)any other person the confirming authority thinks appropriate,

to make written representations as to whether the order should be confirmed.

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

Textual Amendments

F11Ss. 13-13C substituted for s. 13 (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(6) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

13BWritten representations procedure: supplementaryE+W

(1)This section applies where the confirming authority decides under section 13A to follow the written representations procedure.

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

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

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

(5)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.

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

(7)Regulations under section 13A(6) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.

Textual Amendments

F11Ss. 13-13C substituted for s. 13 (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(6) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

13CConfirmation in stagesE+W

(1)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.

(2)The conditions are—

(a)the confirming authority is satisfied that the order ought to be confirmed so far as it relates to the relevant part but has not for the time being determined whether the order ought to be confirmed so far as it relates to the remaining part;

(b)the confirming authority is satisfied that the notice requirements have been complied with.

(3)If there is a remaining objection in respect of the order, the confirming authority may only act under subsection (1) after complying with section 13A(2) or (3) (as the case may be).

(4)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.

(5)If the confirming authority acts under subsection (1)—

(a)it must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction;

(b)the order so far as it relates to each part of the land must be treated as a separate order.

(6)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).

(7)Notice requirements must be construed in accordance with section 13.

(8)Remaining objection must be construed in accordance with section 13A.]

Textual Amendments

F11Ss. 13-13C substituted for s. 13 (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(6) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

14 Land not originally included in order.E+W

The order as confirmed by the confirming authority shall not, unless all persons interested consent, authorise the acquiring authority to purchase compulsorily any land which the order would not have authorised that authority to purchase compulsorily if it had been confirmed without modification.

[F1214AConfirmation by acquiring authorityE+W

(1)The power to confirm an order may be exercised by the acquiring authority (instead of the confirming authority) if—

(a)the confirming authority has notified the acquiring authority to that effect, and

(b)the notice has not been revoked.

(2)But this section does not apply to an order in respect of land—

(a)falling within section 16(1) or paragraph 3(1) of Schedule 3, or

(b)forming part of a common, open space or fuel or field garden allotment for the purposes of section 19.

(3)The confirming authority may give notice under subsection (1) if it is satisfied—

(a)that the notice requirements have been complied with,

(b)that no objection has been made in relation to the proposed confirmation or that all objections have been withdrawn, and

(c)that the order is capable of being confirmed without modification.

(4)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.

(5)The power to confirm an order under subsection (1) does not include any power—

(a)to confirm the order with modifications, or

(b)to confirm only a part of the order.

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

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

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

(9)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.

(10)Notices under this section must be in writing.

(11)Notice requirements and disregarded must be construed in accordance with section 13.]

Textual Amendments

[F1314BTimetables for confirmation of CPOs except by Welsh MinistersE+W

(1)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.

(2)Different timetables may be published in relation to—

(a)different confirming authorities, or

(b)different types of compulsory purchase order.

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

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

(5)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.

(6)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.

Textual Amendments

14CTimetables for confirmation of CPOs by Welsh MinistersE+W

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

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

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

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

(5)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.]

Textual Amendments

[F1414DPower to appoint inspectorE+W

(1)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.

(2)An inspector may be appointed to act in relation to—

(a)a specific compulsory purchase order, or

(b)a description of compulsory purchase orders.

(3)An inspector—

(a)has the same functions as a confirming authority under this Part (excluding this section),

(b)retains those functions even if all remaining objections are withdrawn after the inspector has begun to act in relation to a compulsory purchase order, and

(c)may hold a public local inquiry under section 13A(3)(a) or act as the person appointed to hear remaining objections under section 13A(3)(b).

(4)Where an inspector is to act in relation to a compulsory purchase order, the confirming authority must inform—

(a)every person who has made a remaining objection, and

(b)the acquiring authority.

(5)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.

(6)The confirming authority may at any time—

(a)revoke its appointment of an inspector, and

(b)appoint another inspector.

(7)If the confirming authority revokes its appointment of an inspector while the inspector is acting in relation to a compulsory purchase order and does not replace the inspector, the authority must give its reasons—

(a)to the inspector whose appointment has been revoked, and

(b)to all those informed under subsection (4).

(8)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.

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

Textual Amendments

F14S. 14D inserted (6.4.2018 for specified purposes, 6.4.2019 in so far as not already in force) by Housing and Planning Act 2016 (c. 22), ss. 181(2), 216(3); S.I. 2018/251, reg. 4(b) (with reg. 5); S.I. 2019/427, reg. 3 (with reg. 4)

[F1515 Notices after confirmation of orderE+W

(1)After the order has been confirmed, the acquiring authority must—

(a)serve a confirmation notice and a copy of the order as confirmed on each person on whom a notice was required to be served under section 12, and

(b)affix a confirmation notice to a conspicuous object or objects on or near the land comprised in the order.

(2)The notice under subsection (1)(b) must—

(a)be addressed to persons occupying or having an interest in the land;

(b)so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative.

(3)The acquiring authority must also publish a confirmation notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated.

[F16(3A)The acquiring authority must comply with subsections (1) and (3) before the end of—

(a)the period of 6 weeks beginning with the day on which the order is confirmed, or

(b)such longer period beginning with that day as may be agreed in writing between the acquiring authority and the confirming authority.

(3B)If the acquiring authority fails to comply with subsections (1) and (3) in accordance with subsection (3A), the confirming authority may—

(a)take any steps that the acquiring authority was required but has failed to take to comply with those subsections, and

(b)recover the reasonable costs of doing so from the acquiring authority.]

(4)A confirmation notice is a notice—

(a)describing the land;

(b)stating that the order has been confirmed;

(c)(except in the case of a notice under subsection (1)(a)) naming a place where a copy of the order as confirmed and of the map referred to there may be inspected at all reasonable hours;

(d)that a person aggrieved by the order may apply to the High Court as mentioned in section 23.

[F17(e)containing a prescribed statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981;

(f)inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the acquiring authority information about the person's name, address and interest in land, using a prescribed form.]

(5)A confirmation notice must be in the prescribed form.

[F18(6)The acquiring authority must send the confirmation notice to the Chief Land Registrar and it shall be a local land charge.]]

Textual Amendments

F15S. 15 substituted (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(7) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

F17S. 15(4)(e)(f) inserted (1.10.2016 for specified purposes, 3.2.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 15 para. 2(2); S.I. 2016/956, reg. 2(b)(i); S.I. 2017/75, reg. 3(i); S.I. 2017/281, reg. 4(j)

F18S. 15(6) inserted (3.2.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 15 para. 2(3); S.I. 2017/75, reg. 3(i) (with reg. 5); S.I. 2017/281, reg. 4(j)

Modifications etc. (not altering text)

C10S. 15 modified (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 para. 2(2); S.I. 1993/2762, art. 3.