Acquisition of Land Act 1981

Notices prior to submission of order to confirming authority E+W

11 [F1 Notices in newspapers.] [F1 Public notices] E+W

(1) The acquiring authority shall—

[F2 (a)] 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 [F3 , and

(b) for a period of at least 21 days ending with the day specified under subsection (2)(d), publish a notice in the prescribed form on an appropriate website.]

(2) The [F4 notice] [F4 notices] 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, [F5 and]

[F6 (ca) specify a website on which those copies may be viewed, and]

[F7 (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.]

[F7 (d) specify the final day for making objections to the order, and the manner in which objections can be made.]

[F8 (2A) 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.]

[F9 (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) [F10 (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

F1 S. 11 heading substituted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(3)(a), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F2 Words in s. 11(1) renumbered as s. 11(1)(a) (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 181(3)(b)(i), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F3 S. 11(1)(b) and word inserted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(3)(b)(ii), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F4 Word in s. 11(2) substituted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(3)(c)(i), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F5 Word in s. 11(2)(c) omitted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(3)(c)(ii), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F6 S. 11(2)(ca) inserted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(3)(c)(iii), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F7 S. 11(2)(d) substituted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(3)(c)(iv), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F8 S. 11(2A) inserted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(3)(d), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F9 S. 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)

F10 Words in s. 11(4)(b) omitted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(3)(e), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

12 Notices to owners, lessees [F11 , occupiers and others]. E+W

(1) The acquiring authority shall serve on every [F12 qualifying 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, [F13 and]

[F14 (ba) (subject to section 11(2A)) naming a place within the locality where a copy of the order and of the map referred to in it may be inspected,

(bb) specifying a website on which those copies may be viewed, and]

[F15 (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.]

[F15 (c) specifying the final day for making objections to the order, and the manner in which objections can be made.]

(2) [F16 A 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, F17 ...

(b) he falls within subsection (2A) [F18 , 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 [F19 Church Commissioners] [F19 Diocesan Board of Finance for the diocese in which the land is situated] .

In this subsection “ecclesiastical property” means land belonging to any ecclesiastical benefice [F20 of the Church of England] , or being or forming part of a church subject to the jurisdiction of the bishop of any diocese [F20 of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction [F21 [F22 or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976]].

Textual Amendments

F11 Words in s. 12 heading 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)

F12 Words 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)

F13 Word in s. 12(1)(b) omitted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(4)(a), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F14 S. 12(1)(ba)(bb) inserted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(4)(b), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F15 S. 12(1)(c) substituted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(4)(c), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F16 S. 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)

F17 Word in s. 12(2)(a) omitted (30.9.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 2(3)(a) (with s. 144); S.I. 2022/48, reg. 5(d)

F18 S. 12(2)(c) and word inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 2(3)(b) (with s. 144); S.I. 2022/48, reg. 5(d)

F19 Words 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

F20 Words 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

F21 Words in s. 12(3) added (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 27; S.I. 1991/2067, art. 3.

F22 Words 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)

C1 S. 12 modified by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 50(3)

C2 S. 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

[F23 12A Final day for making objections E+W

(1) 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.

(2) The conditions are that—

(a) a notice has been published for the first time as required by section 11(1)(a),

(b) publication as required by section 11(1)(b) has begun,

(c) a notice has been affixed as required by section 11(3), and

(d) a notice has been served on every qualifying person as required by section 12(1).]

Textual Amendments

F23 S. 12A inserted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(5), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)