Acquisition of Land Act 1981

Part II E+W Purchases By Local And Other Authorities

Modifications etc. (not altering text)

C1 Pts. 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

C2 Pt. 2 applied by 1975 c. 70, Sch. 4 para. 1(2)(b) (as substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 1 para. 33(1) (with art. 3(1)))

C3 Pt. 2 restricted (1.3.2007) by National Health Service Act 2006 (c. 41), s. 277(1), Sch. 3 para. 22(3)

C4 Pt. 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))

C5 Pt. 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)

C6 Pts. 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)

C7 Parts 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 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)

C8 S. 12 modified by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 50(3)

C9 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)

Confirmation of order E+W

[F24 13 Confirmation of order: no objections E+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

F24 Ss. 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)

13A Confirmation of order: remaining objections E+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).

[F25 (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.]

[F25 (1A) The confirming authority must cause a public local inquiry to be held if—

(a) the order is subject to special parliamentary procedure, or

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

(1B) If subsection (1A) does not apply, the confirming authority must either—

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

(b) follow the representations procedure.

(1C) In deciding between those options, the confirming authority must have regard to the scale and complexity of what is proposed by the order.

(1D) The representations procedure is a procedure to be prescribed.

(1E) The regulations prescribing the procedure must include—

(a) provision enabling each person who has made a remaining objection to make representations—

(i) in writing to the confirming authority, or

(ii) if the person so requests, at a hearing, and

(b) provision enabling the acquiring authority, and any other person the confirming authority thinks appropriate, to make representations—

(i) in writing to the confirming authority, or

(ii) if applicable, at a hearing held as mentioned in paragraph (a)(ii).

(1F) The regulations may provide for hearings to be held by the confirming authority or by a person appointed by the confirming authority.

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

(1H) Before confirming the order, the confirming authority must consider—

(a) each remaining objection;

(b) if a public local inquiry was held, the report of the person who held it;

(c) if the representations procedure was followed and the confirming authority held a hearing, the representations made at the hearing;

(d) if the representations procedure was followed and a person appointed by the confirming authority held a hearing, the report of that person;

(e) if the representations procedure was followed and written representations were made, those representations.

(1I) The confirming authority may confirm the order with or without modifications.]

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

Textual Amendments

F24 Ss. 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)

F25 S. 13A(1A)-(1I) substituted for s. 13A(2)-(6) (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 182(2), 255(7) (with s. 247); S.I. 2024/389, reg. 2(i)

13B [F26 Written] representations procedure: supplementary E+W

(1) This section applies where the confirming authority decides under section 13A to follow the [F27 written] representations procedure.

(2) The confirming authority may make orders as to the costs of the parties to the [F28 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 [F29 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 [F30 written] representations procedure as if the procedure is an inquiry specified in section 42(1) of that Act.

(7) Regulations under section [F31 13A(6)] [F31 13A(1D)] may make provision as to the giving of reasons for decisions taken in cases where the [F32 written] representations procedure is followed.

Textual Amendments

F24 Ss. 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)

F26 Word in s. 13B heading omitted (31.3.2024 for specified purposes) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 182(3)(a), 255(7) (with s. 247); S.I. 2024/389, reg. 2(i)

F27 Word in s. 13B(1) omitted (31.3.2024 for specified purposes) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 182(3)(b)(i), 255(7) (with s. 247); S.I. 2024/389, reg. 2(i)

F28 Word in s. 13B(2) omitted (31.3.2024 for specified purposes) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 182(3)(b)(ii), 255(7) (with s. 247); S.I. 2024/389, reg. 2(i)

F29 Word in s. 13B(4) omitted (31.3.2024 for specified purposes) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 182(3)(b)(iii), 255(7) (with s. 247); S.I. 2024/389, reg. 2(i)

F30 Word in s. 13B(6) omitted (31.3.2024 for specified purposes) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 182(3)(b)(iv), 255(7) (with s. 247); S.I. 2024/389, reg. 2(i)

F31 Word in s. 13B(7) substituted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 182(3)(c), 255(7) (with s. 247); S.I. 2024/389, reg. 2(i)

F32 Word in s. 13B(7) omitted (31.3.2024 for specified purposes) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 182(3)(b)(v), 255(7) (with s. 247); S.I. 2024/389, reg. 2(i)

[F33 13BA Conditional confirmation E+W

(1) The confirming authority may confirm a compulsory purchase order conditionally.

(2) The effect of conditional confirmation is that the order—

(a) does not become operative until the confirming authority has decided, on an application by the acquiring authority, that certain conditions have been met, and

(b) expires if the confirming authority—

(i) has not received an application for the purposes of subsection (2)(a) by a certain time, or

(ii) having received such an application by that time, decides that the conditions have not been met.

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

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

(5) The regulations prescribing the procedure must include provision for each relevant objector—

(a) to be given notice of the application (or for steps to be taken with a view to notifying them), and

(b) to have the opportunity to make written representations in response to the application.

(6) In subsection (5), “relevant objector” means a person who made an objection to the order that—

(a) was a remaining objection for the purposes of section 13A, and

(b) had not been withdrawn by the time the order was confirmed.

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

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

Textual Amendments

F24 Ss. 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)

F33 S. 13BA inserted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 183(2), 255(7) (with s. 247); S.I. 2024/389, reg. 2(j)

13C Confirmation in stages E+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 [F34 13A(2) or (3)] [F34 13A(1A) or (1B)] (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

F24 Ss. 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)

F34 Words in s. 13C(3) substituted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 182(4), 255(7) (with s. 247); S.I. 2024/389, reg. 2(i)

[F35 13D Power to extend time limit for implementation E+W

(1) 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).

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

Textual Amendments

F35 S. 13D inserted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 185(1)(a), 255(7) (with s. 247); S.I. 2024/92, reg. 2(l) (with reg. 6(1))

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.

[F36 14A Confirmation by acquiring authority E+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.

[F37 (2A) 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).]

(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

F36 S. 14A inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 102(2) (with s. 102(3)); S.I. 2004/2593, art. 2(a)

F37 S. 14A(2A) inserted (31.3.2024 for W. for specified purposes, 30.4.2024 for E.) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 190(1)(b), 255(7) (with s. 247); S.I. 2024/92, reg. 4 (with reg. 6(6)); S.I. 2024/389, reg. 2(l)

[F38 14B Timetables for confirmation of CPOs except by Welsh Ministers E+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

F38 Ss. 14B, 14C inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 180, 216(3); S.I. 2018/251, reg. 4(a) (with reg. 5)

14C Timetables for confirmation of CPOs by Welsh Ministers E+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

F38 Ss. 14B, 14C inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 180, 216(3); S.I. 2018/251, reg. 4(a) (with reg. 5)

[F39 14D Power to appoint inspector E+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 [F40 13A(3)(a) or act as the person appointed to hear remaining objections under section 13A(3)(b)] [F40 13A].

(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

F39 S. 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)

F40 Word in s. 14D(3)(c) substituted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 182(5), 255(7) (with s. 247); S.I. 2024/389, reg. 2(i)

[F41 15 Notices after confirmation of order E+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 [F42 date when the order becomes operative] [F42 day on which the authority takes the final step needed to comply with subsection (1)(a)].

(3) [F43 Unless the order was confirmed conditionally,] The acquiring authority must also publish a confirmation notice—

[F44 (a)] in one or more local newspapers circulating in the locality in which the land comprised in the order is situated [F45 , and

(b) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the authority takes the final step needed to comply with subsection (1)(a).]

[F46 (3A) The acquiring authority must comply with subsections (1) and [F47 (3)] [F47 (3)(a)] 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 [F48 (3)] [F48 (3)(a)] in accordance with subsection (3A), [F49 or with subsection (3)(b),] 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;

[F50 (ba) if the order was confirmed conditionally, stating the conditions and time specified under section 13BA(3);]

(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;

[F51 (ca) specifying a website on which those copies may be viewed;]

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

[F52 (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.]

[F53 (4A) 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.]

[F54 (4B) If the order was confirmed conditionally and the confirming authority decides under section 13BA that the conditions have been met, the acquiring authority must serve—

(a) a copy of the order, and

(b) a fulfilment notice,

on each person on whom a notice was required to be served under section 12.

(4C) Where subsection (4B) applies, the acquiring authority must also—

(a) affix a fulfilment notice to a conspicuous object or objects on or near the land comprised in the order, and

(b) publish a fulfilment notice—

(i) in one or more local newspapers circulating in the locality in which the land comprised in the order is situated, and

(ii) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the acquiring authority takes the final step needed to comply with subsection (4B).

(4D) The acquiring authority must comply with subsections (4B) and (4C)(a) and (b)(i) before the end of—

(a) the period of 6 weeks beginning with the day on which the decision under section 13BA is made, or

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

(4E) If the acquiring authority fails to comply with those provisions before the end of that period, or fails to comply with subsection (4C)(b)(ii), the confirming authority may—

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

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

(4F) A fulfilment notice is a notice—

(a) stating that the conditions subject to which the order was confirmed have been met and that the order will therefore become operative, and

(b) annexing the information that was contained in the confirmation notice.]

(5) A confirmation notice [F55 or fulfilment notice] must be in the prescribed form.

[F56 (6) The acquiring authority must send the confirmation notice [F57 , and any fulfilment notice,] to the Chief Land Registrar and [F58 it] [F58 each such notice] shall be a local land charge.]]

Textual Amendments

F41 S. 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)

F42 Words in s. 15(2)(b) substituted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 183(3)(a), 255(7) (with s. 247); S.I. 2024/389, reg. 2(j)

F43 Words in s. 15(3) inserted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 183(3)(b), 255(7) (with s. 247); S.I. 2024/389, reg. 2(j)

F44 Words in s. 15(3) renumbered as s. 15(3)(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(6)(a)(i), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F45 S. 15(3)(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(6)(a)(ii), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F46 S. 15(3A)(3B) inserted (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 34(1), 46(1) (with s. 34(2)); S.I. 2017/936, reg. 3(d)

F47 Word in s. 15(3A) 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(6)(b), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F48 Word in s. 15(3B) 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(6)(c)(i), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F49 Words in s. 15(3B) 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(6)(c)(ii), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F50 S. 15(4)(ba) inserted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 183(3)(c), 255(7) (with s. 247); S.I. 2024/389, reg. 2(j)

F51 S. 15(4)(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(6)(d), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F52 S. 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)

F53 S. 15(4A) 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(6)(e), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F54 S. 15(4B)-(4F) inserted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 183(3)(d), 255(7) (with s. 247); S.I. 2024/389, reg. 2(j)

F55 Words in s. 15(5) inserted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 183(3)(e), 255(7) (with s. 247); S.I. 2024/389, reg. 2(j)

F56 S. 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)

F57 Words in s. 15(6) inserted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 183(3)(f)(i), 255(7) (with s. 247); S.I. 2024/389, reg. 2(j)

F58 Words in s. 15(6) substituted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 183(3)(f)(ii), 255(7) (with s. 247); S.I. 2024/389, reg. 2(j)

Modifications etc. (not altering text)

C10 S. 15 modified (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 para. 2(2); S.I. 1993/2762, art. 3.

[F59 Special provision about compensation E+W

Textual Amendments

F59 S. 15A and cross-heading inserted (31.3.2024 for W. for specified purposes, 30.4.2024 for E.) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 190(1)(c), 255(7) (with s. 247); S.I. 2024/92, reg. 4 (with reg. 6(6)); S.I. 2024/389, reg. 2(l)

15A Directions applying section 14A of the Land Compensation Act 1961 E+W

(1) Subsection (2) applies if—

(a) an acquiring authority submits a compulsory purchase order for confirmation, and

(b) the authorising enactment is listed in Schedule 2A.

(2) 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.

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

(4) 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.

(5) 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.

(6) 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.

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

(8) But the confirming authority may do so—

(a) only if satisfied that the amendment would not be unfair to any person who made or could have made a relevant objection for the purposes of section 13, and

(b) if the authorising enactment is listed in any of paragraphs 2 to 7 of Schedule 2A, only if the statement of commitments as amended will still comply with subsection (5).

(9) If the confirming authority decides to confirm the order in accordance with the applicable provisions of this Part—

(a) it may confirm the order with the direction included if satisfied that the direction is justified in the public interest;

(b) otherwise, it must modify the order so as to remove the direction.

(10) If the order is confirmed with the direction included, a confirmation notice under section 15 must (in addition to the matters set out in subsection (4) of that section)—

(a) state the effect of the direction,

(b) explain how the statement of commitments may be viewed, and

(c) explain that additional compensation may become payable if the statement of commitments is not fulfilled.

(11) In this section—

• “the authorising enactment” means the enactment that confers the power to make the compulsory purchase to which the order in question relates;

• “the project land” means—

  (a)

  the land proposed to be acquired further to the compulsory purchase order, and

  (b)

  any other land that the acquiring authority intends to be used in connection with that land;

• “unit of affordable housing” means a building or part of a building that is constructed or adapted for use as a separate dwelling and—

  (a)

  in the case of a building in England, is to be used as—

  (i)

  social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or

  (ii)

  housing of any other description that is prescribed, or

  (b)

  in the case of a building in Wales, is to be used as housing of a description that is prescribed.]