Acquisition of Land Act 1981

SCHEDULES

Section 2(3).

SCHEDULE 1 E+W Purchases by Ministers

Modifications etc. (not altering text)

C1 Sch. 1 restricted by 1975 c. 70, Sch. 4 para. 1(2)(a) (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)))

1 (1) This Schedule has effect where a Minister is the acquiring authority. E+W

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

(3) Subject as aforesaid the form of the order shall be such as the Minister may determine.

(4) As soon as may be after the draft of the order has been prepared, and before making the order, the Minister shall comply with paragraphs 2 and 3 below.

(5) The provisions of the said paragraphs 2 and 3 as to the notice thereby required shall apply subject to such modifications of the form of the notice as appear to the Minister to be requisite.

Notices in newspapers E+W

2 (1) The Minister 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 draft order is situated. E+W

(2) The notice shall—

(a) state that the order has been prepared in draft and is about to be made,

(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 draft 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 draft order can be made.

[F1 (3) In addition, the Minister shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the draft order.

(4) The notice under sub-paragraph (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 sub-paragraph (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under sub-paragraph (3) is first affixed).]

Textual Amendments

F1 Sch. 1 para. 2(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. 101(2) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

Notices to owners, lessees and occupiers E+W

3 (1) The Minister shall serve on every [F2 qualifying person] a notice in the prescribed form— E+W

(a) stating the effect of the draft order,

(b) stating that it is about to be made, 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 draft order can be made.

(2) [F3 A person is a qualifying person, in relation to land comprised in a draft order, if—

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

(b) he falls within sub-paragraph (2A).

(2A) A person falls within this sub-paragraph if he is—

(a) a person to whom the Minister 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 Minister thinks is likely to be entitled to make a relevant claim if the order is made and the compulsory purchase takes place, so far as he is known to the Minister 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 paragraph 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 [F4 Diocesan Board of Finance for the diocese in which the land is situated].

In this sub-paragraph “ecclesiastical property” means land belonging to any ecclesiastical benefice [F5 of the Church of England], or being or forming part of a church subject to the jurisdiction of the bishop of any diocese [F5 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 F6 ....

Textual Amendments

F2 Words in Sch. 1 para. 3(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. 101(3)(a) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

F3 Sch. 1 para. 3(2)-(2B) substituted for Sch. 1 para. 3(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. 101(3)(b) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

F4 Words in Sch. 1 para. 3(3) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(2)(a); 2006 No. 2, Instrument made by Archbishops

F5 Words in Sch. 1 para. 3(3) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(2)(b); 2006 No. 2, Instrument made by Archbishops

F6 Words in Sch. 1 para. 3(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(2)(c); 2006 No. 2, Instrument made by Archbishops

Modifications etc. (not altering text)

C2 Sch. 1 para. 3(1) modified by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 50(3)

Making of order E+W

4 [F7 (1) The Minister may make a compulsory purchase order with or without modifications if he is satisfied— E+W

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

(b) that one of the conditions in sub-paragraph (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 appropriate authority may require every person who makes a relevant objection to state the grounds of the objection in writing.

(4) If the appropriate 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 paragraphs 2 and 3 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 paragraph 3(2), but if such a person qualifies only by virtue of paragraph 3(2A)(b) and the Minister 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 sub-paragraph (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.

(8) The appropriate authority is—

(a) in the case of an order proposed to be made in the exercise of highway land acquisition powers, the Minister and the planning Minister acting jointly,

(b) in any other case, the Minister.

(9) Highway land acquisition powers must be construed in accordance with the Highways Act 1980.

(10) The planning Minister is the Secretary of State for the time being having general responsibility in planning matters.

Textual Amendments

F7 Sch. 1 paras. 4-4B substituted for Sch. 1 para. 4 (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. 101(4) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

4A (1) This paragraph applies to the making of a compulsory purchase order if a relevant objection is made which is neither— E+W

(a) withdrawn, nor

(b) disregarded,

(a remaining objection).

(2) The appropriate 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 sub-paragraph (2) does not apply or if the appropriate authority decides not to proceed under that sub-paragraph, 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 appropriate authority for the purpose.

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

(5) The Minister may make the order with or without modifications if—

(a) the appropriate authority has considered the objection, and

(b) one of the conditions in sub-paragraph (6) is satisfied.

(6) The conditions are—

(a) the appropriate authority has followed the written representations procedure;

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

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

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

(b) any other person the appropriate authority thinks appropriate,

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

(8) Regulations under sub-paragraph (7) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.

(9) Expressions used in this paragraph and in paragraph 4 must be construed in accordance with paragraph 4.

Textual Amendments

F7 Sch. 1 paras. 4-4B substituted for Sch. 1 para. 4 (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. 101(4) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

4B (1) The Minister may make an order (with or without modifications) so far as it relates to part of the land comprised in the draft order (the “relevant part”) if each of the conditions in sub-paragraph (2) is met. E+W

(2) The conditions are—

(a) the Minister or, if there is a remaining objection in respect of the order, the appropriate authority is satisfied that the order ought to be made so far as it relates to the relevant part but has not for the time being determined whether the order ought to be made so far as it relates to the remaining part;

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

(3) If there is a remaining objection in respect of the order, the Minister may only act under sub-paragraph (1) after the appropriate authority has complied with paragraph 4A(2) or (3) (as the case may be).

(4) But he may act under sub-paragraph (1) without the appropriate authority having complied with those provisions if he is satisfied that all remaining objections relate solely to the remaining part of the land.

(5) If the Minister acts under sub-paragraph (1)—

(a) he 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 paragraph 6 must include a statement as to the effect of the direction given under sub-paragraph (5)(a).

(7) Expressions used in this paragraph and in paragraph 4 or 4A must be construed in accordance with paragraph 4 or 4A (as the case may be).]

Textual Amendments

F7 Sch. 1 paras. 4-4B substituted for Sch. 1 para. 4 (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. 101(4) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

Land not included in draft order E+W

5 E+W The order, as made by the Minister, shall not, unless all persons interested consent, authorise the Minister to purchase compulsorily any land which the draft order would not have authorised the Minister to purchase compulsorily if it had been made without modification.

Notices after making of order E+W

[F8 6 (1) After the order has been made, the Minister must— E+W

(a) serve a making notice, and a copy of the order as made, on each person on whom a notice was required to be served under paragraph 3, and

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

(2) The notice under sub-paragraph (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 Minister must also publish a making notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated.

(4) A making notice is a notice—

(a) describing the land;

(b) stating that the order has been made;

(c) (except in the case of a notice under sub-paragraph (1)(a)) naming a place where a copy of the order as made 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.

[F9 (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 making notice must be in the prescribed form.

[F10 (6) The Minister must send the making notice to the Chief Land Registrar and it shall be a local land charge.]]

Textual Amendments

F8 Sch. 1 para. 6 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. 101(5) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

F9 Sch. 1 para. 6(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. 3(2); S.I. 2016/956, reg. 2(b)(ii); S.I. 2017/75, reg. 3(i); S.I. 2017/281, reg. 4(j)

F10 Sch. 1 para. 6(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. 3(3); S.I. 2017/75, reg. 3(i) (with reg. 5); S.I. 2017/281, reg. 4(j)

Section 3.

SCHEDULE 2 E+W Minerals

Modifications etc. (not altering text)

C3 Sch. 2 excluded by Water Act 1989 (c. 15, SIF 130), s. 159, (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

Sch. 2 excluded (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss.182, 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

C4 Sch. 2 incorporated (with modifications) (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 22 (with arts. 40, 41, Sch. 12 Pt. 1 paras. 4 9(2), 10, Pt. 2 paras. 4(2)(3), 19, Pt. 4 paras. 3, 4, 16)

Part I E+W

Modifications etc. (not altering text)

C7 Sch. 2 Pts. 1-3 applied (with modifications) (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 22 (with art. 33)

1 (1) A compulsory purchase order may, as respects all or any of the land to which the order relates, provide for the incorporation with the compulsory purchase order of— E+W

(a) Part II of this Schedule (which re-enacts section 77 of the Railways Clauses Consolidation Act 1845), or

(b) Parts II and III of this Schedule (which together re-enact sections 77 to 85 of that Act).

(2) In this Schedule, unless the context otherwise requires—

• “mines” means mines of coal, ironstone, slate and other minerals,

• “owner”, in relation to mines or minerals, includes a lessee or occupier.

(3) In this Schedule “underlying”, in relation to mines or minerals, means mines or minerals lying under, or within the prescribed distance from, the undertaking, and in this sub-paragraph “prescribed distance” means the distance prescribed by the compulsory purchase order, or if no distance is so prescribed, 40 yards.

(4) In this Schedule “the undertaking” means the undertaking which the acquiring authority is authorised to carry out by the enactment under which the purchase is authorised, but the compulsory purchase order may include such modifications of references in this Schedule to the undertaking as may be specified in the order.

(5) This Schedule has effect subject to [F11 section 10(3) of the Coal Industry Act 1994] (coal not to be alienated under enactments authorising compulsory purchase of land).

Textual Amendments

F11 Words in Sch. 2 para. 1(5) substituted (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 27(3) (with s. 40(7)); S.I. 1994/2553, art. 2

Modifications etc. (not altering text)

C8 Sch. 2 para. 1(3) modified by Dartford–Thurrock Crossing Act 1988 (c. 20, SIF 59), s. 2(5), Sch. 2 Pt. II para. 4(2)

Part II E+W

Modifications etc. (not altering text)

C9 Sch. 2 Pts. 2, 3 applied by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 37(2), Sch. 5 Pt. III para. 4

C10 Sch. 2 Pts. 2, 3 applied (with modifications) (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 2(6), Sch. 2 Pt. II para.3

C11 Sch. 2 Pt. 2 applied (16.3.1992) by Avon Weir Act 1992 (c. v), s. 4(2) (with s. 61)

C12 Sch. 2 Pts. 2, 3 applied (16.7.1992) by Cattewater Reclamation Act 1992 (c. xiv), s. 3(3)

Sch. 2 Pts. 2, 3 applied (5.11.1993) by 1993 c. 42, s. 5, Sch. 4 para. 2 (with s. 30(1), Sch. 2 para. 9).

Sch. 2 Pt. 2 applied (28.7.1998) by 1998 c. iv, s. 7(1) (with s. 41)

C13 Sch. 2 Pts. 2, 3 applied (with modifications) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), s. 2(5), Sch. 2 Pt. II para. 4(1)

Sch. 2 Pts. 2, 3 applied (with modifications) (3.6.1999) by S.I. 1999/1555, art. 9

Sch. 2 Pt 2 applied (with modifications) (E.) (29.3.2001) by S.I. 2001/1347, art. 36(1) (with arts. 15, 37, 38(2))

Sch. 2 Pt. 2 applied (with modifications) (E.) (29.3.2001) by S.I. 2001/1348, art. 12(1)

C14 Sch. 2 Pt. 2 modified (18.12.1996) by 1996 c. 61, s. 4, Sch. 4 Pt. III para. 13

C15 Sch. 2 Pt. 2 applied (with modifications) (12.8.2002) by The Channel Tunnel Rail Link (Thames Tunnel Approach) Order 2002 (S.I. 2002/1943), art. 6(2)

Sch. 2 Pt. 2 applied (with modifications) (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 39(1) (with art. 38)

C16 Sch. 2 Pts. 2, 3 applied (with modifications) (22.3.2005) by The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 50 (with art. 51)

C17 Sch. 2 Pts. 2, 3 applied (with modifications) (22.7.2005) by The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 46(1) (with art. 47)

C18 Sch. 2 Pt. 2 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 6 para. 17

C19 Sch. 2 Pts. 2, 3 incorporated (with modifications) (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 1, 14 (with art. 30)

C20 Sch. 2 Pt. 2 incorporated (with modifications) (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), arts. 1, 23

Sch. 2 Pt. 2 incorporated (with modifications) (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 40

C21 Sch. 2 Pt. 2 incorporated (with modifications) (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014 (S.I. 2014/2935), art. 32 (with arts. 30(4), 53)

C22 Sch. 2 Pts. 2, 3 incorporated (with modifications) (2.2.2015) by The Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015 (S.I. 2015/23), arts. 1, 21(1)

C23 Sch. 2 Pt. 2 incorporated (with modifications) (25.2.2015) by The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015 (S.I. 2015/129), arts. 1, 20

C24 Sch. 2 Pt. 2 incorporated (with modifications) (1.4.2015) by The Knottingley Power Plant Order 2015 (S.I. 2015/680), arts. 1, 19 (with Sch. 8 para. 10)

C25 Sch. 2 Pts. 2, 3 incorporated (with modifications) (9.6.2015) by The White Moss Landfill Order 2015 (S.I. 2015/1317), arts. 1, 13 (with art. 5)

C26 Sch. 2 Pts. 2, 3 incorporated (with modifications) (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), arts. 1, 21

C27 Sch. 2 Pts. 2, 3 incorporated in part (with modifications) (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 17(1) (with art. 30)

C28 Sch. 2 Pt. 2 incorporated (with modifications) (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 23 (with arts. 40, 41)

C29 Sch. 2 Pt. 2 incorporated in part (with modifications) (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 14 (with art. 26)

C30 Sch. 2 Pts. 2, 3 incorporated (with modifications) (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), arts. 1, 27

C31 Sch. 2 Pt. 2 incorporated in part (with modifications) (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 20 (with art. 32)

C32 Sch. 2 Pt. 2 incorporated (with modifications) (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 19 (with art. 37)

C33 Sch. 2 Pts. 2, 3 incorporated in part (with modifications) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 21 (with art. 39)

C34 Sch. 2 Pts. 2, 3 incorporated (with modifications) (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 21 (with arts. 4, 5(3))

C35 Sch. 2 Pts. 2, 3 applied (with modifications) (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 38 (with art. 39)

C36 Sch. 2 Pts. 2, 3 incorporated (with modifications) (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 26 (with arts. 35, 36)

C37 Sch. 2 Pts. 2, 3 incorporated (with modifications) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 37 (with art. 43)

C38 Sch. 2 Pts. 2, 3 incorporated in part (with modifications) (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 33

C39 Sch. 2 Pt. 2 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 6 para. 4(2)(3)

C40 Sch. 2 Pt. 2 incorporated (with modifications) (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 19 (with art. 22)

C41 Sch. 2 Pts. 2, 3 incorporated (with modifications) (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 22 (with arts. 4, 37)

C42 Sch. 2 Pts. 2, 3 incorporated (with modifications) (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 20

C43 Sch. 2 Pt. 2 incorporated (with modifications) (3.10.2018) by The A19/A184 Testos Junction Alteration Development Consent Order 2018 (S.I. 2018/994), arts. 1, 21 (with arts. 3(3), 5)

C44 Sch. 2 Pt. 2 applied (with modifications) (7.5.2019) by The Midland Metro (Birmingham City Centre Extension, etc.) (Edgbaston Extension Land Acquisition) Order 2019 (S.I. 2019/882), arts. 1, 14 (with art. 18)

C45 Sch. 2 Pt. 2 incorporated (with modifications) (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 19

C46 Sch. 2 Pt. 2 incorporated (with modifications) (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), arts. 1, 33

C47 Sch. 2 Pt. 2 incorporated in part (with modifications) (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), arts. 1, 28 (with Sch. 13 Pt. 1 para. 19)

C48 Sch. 2 Pt. 2 incorporated (with modifications) (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 24 (with art. 3(1))

C49 Sch. 2 Pt. 2 incorporated (with modifications) (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 17 (with art. 7)

C50 Sch. 2 Pt. 2 incorporated (with modifications) (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development Consent Order 2020 (S.I. 2020/402), arts. 1, 21 (with arts. 5, 44)

C51 Sch. 2 Pt. 2 incorporated in part (with modifications) (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 28(1) (with art. 28(2))

C52 Sch. 2 Pt. 2 incorporated (with modifications) (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 25 (with art. 37)

C53 Sch. 2 Pt. 2 incorporated (with modifications) (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), arts. 1, 21 (with arts. 5, 44)

C54 Sch. 2 Pt. 2 incorporated (with modifications) (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020 (S.I. 2020/746), arts. 1, 21 (with art. 5)

2 (1) The acquiring authority shall not be entitled to any mines under the land comprised in the compulsory purchase order unless they have been expressly purchased, and all mines under the land shall be deemed to be excepted out of the conveyance of that land unless expressly named and conveyed. E+W

(2) Sub-paragraph (1) above shall not apply to minerals necessarily extracted or used in the construction of the undertaking.

Part III E+W

Modifications etc. (not altering text)

C55 Sch. 2 Pts. 2, 3 applied by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 37(2), Sch. 5 Pt. 3 para. 4

C56 Sch. 2 Pts. 2, 3 applied (with modifications) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), s. 2(5), Sch. 2 Pt. 2 para. 4(1)

Sch. 2 Pt. 3 applied (with modifications) (28.7.1998) by 1998 c. iv, s. 7(1)(2)(with s. 41)

Sch. 2 Pts. 2, 3 applied (with modifications) (3.6.1999) by S.I. 1999/1555, art. 9

Sch. 2 Pt. 3 applied (with modifications) (E.) (29.3.2001) by S.I. 2001/1347, art. 36(1) (with arts. 15, 37, 38(2))

Sch. 2 Pt. 3 applied (with modifications) (E.) (29.3.2001) by S.I. 2001/1348, art. 12(1)

C57 Sch. 2 Pt. 3 modified (18.12.1996) by 1996 c. 61, s. 4, Sch. 4 Pt. 3 para. 13

C58 Sch. 2 Pt. 3 applied (with modifications) (12.8.2002) by The Channel Tunnel Rail Link (Thames Tunnel Approach) Order 2002 (S.I. 2002/1943), art. 6(2)

Sch. 2 Pt. 3 applied (with modifications) (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 39(1) (with art. 38)

C59 Sch. 2 Pt. 3 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 6 para. 17

C60 Sch. 2 Pt. 3 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 3(5)

C61 Sch. 2 Pt. 3 incorporated (with modifications) (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), arts. 1, 23

Sch. 2 Pt. 3 incorporated (with modifications) (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 40

C62 Sch. 2 Pt. 3 incorporated (with modifications) (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014 (S.I. 2014/2935), art. 32 (with arts. 30(4), 53)

C63 Sch. 2 Pt. 3 incorporated in part (with modifications) (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 14 (with art. 26)

C64 Sch. 2 Pt. 3 incorporated in part (with modifications) (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 20 (with art. 32)

C65 Sch. 2 Pts. 2, 3 incorporated in part (with modifications) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 21 (with art. 39)

C66 Sch. 2 Pt. 3 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 4 para. 4(5)

C67 Sch. 2 Pt. 3 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 6 para. 4(2)(3)

C68 Sch. 2 Pt. 3 incorporated (with modifications) (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 19 (with art. 22)

C69 Sch. 2 Pt. 3 applied (with modifications) (7.5.2019) by The Midland Metro (Birmingham City Centre Extension, etc.) (Edgbaston Extension Land Acquisition) Order 2019 (S.I. 2019/882), arts. 1, 14 (with art. 18)

C70 Sch. 2 Pt. 3 incorporated (with modifications) (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 19

C71 Sch. 2 Pt. 3 incorporated (with modifications) (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), arts. 1, 33

C72 Sch. 2 Pt. 3 incorporated in part (with modifications) (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), arts. 1, 28 (with Sch. 13 Pt. 1 para. 19)

C73 Sch. 2 Pt. 3 incorporated (with modifications) (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 24 (with art. 3(1))

C74 Sch. 2 Pt. 3 incorporated (with modifications) (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 17 (with art. 7)

C75 Sch. 2 Pt. 3 incorporated in part (with modifications) (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 28(1) (with art. 28(2))

C76 Sch. 2 Pt. 3 incorporated (with modifications) (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 25 (with art. 37)

3 (1) If the owner of any underlying mines or minerals desires to work them, he shall give the acquiring authority notice in writing of his intention to do so 30 days before the commencement of working. E+W

(2) On receipt of the notice the acquiring authority may cause the mines to be inspected by a person appointed by them for the purpose.

(3) Subject to paragraph 4(1) below, if the acquiring authority consider that the working of the underlying mines or minerals is likely to damage the undertaking, and is willing to compensate the owner for all or any part of the mines, the owner shall not work or get them.

(4) If the acquiring authority and the owner do not agree on the amount of compensation the question shall be referred to and determined by the [F12 Upper Tribunal] .

Textual Amendments

F12 Words in Sch. 2 para. 3(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 151 (with Sch. 5)

4 (1) If before the expiration of 30 days from the receipt of notice under paragraph 3(1) above the acquiring authority do not state their willingness to treat with the owner for the payment of compensation the owner may work any of the underlying mines for which the acquiring authority has not agreed to pay compensation by proper methods and in the usual manner of working such mines in the district in question. E+W

(2) If any damage or obstruction to the undertaking is caused by improper working of the underlying mines—

(a) the owner of the mines shall forthwith repair or remove the damage or obstruction at his own expense,

(b) the acquiring authority may, without waiting for the owner to perform his duty, or in case of his default, repair or remove the damage or obstruction and recover their expenses from the owner in proceedings in the High Court.

Severed mines E+W

5 (1) If underlying mines in which any protected minerals are situated extend on both sides of the undertaking, the owner of the mines may cut and make any communication works through the protected minerals required for the ventilation, drainage and working of the mines. E+W

(2) The communication works shall not exceed the dimensions or sections prescribed by the compulsory purchase order, and where dimensions are not so prescribed, they shall not be more than eight feet high and eight feet wide.

(3) The communication works shall not be cut or made on any part of the undertaking, or so as to injure it or impede its use.

(4) In this paragraph—

(a) “protected minerals” means mines, measures or strata the working of which is prevented under paragraph 3(3) above,

(b) “communication works” means airways, headings, gateways or water levels.

6 (1) If underlying mines extend on both sides of the undertaking, the acquiring authority shall from time to time pay to the owner of the mines (in addition to any compensation under paragraph 3 above) any expenses and losses incurred by him in consequence of— E+W

(a) the severance by the undertaking of the land lying over the mines,

(b) the interruption of continuous working of the mines in consequence of paragraph 3(3) above, and

(c) the mines being worked in such manner and subject to such restrictions as not to prejudice or injure the undertaking,

and for any minerals not purchased by the acquiring authority which cannot be obtained by reason of the making and maintenance of the undertaking.

(2) Any dispute as to the amount payable under this paragraph shall be determined by arbitration.

7 (1) Where works carried out under paragraph 5 above cause loss or damage to the owner or occupier of land lying over the mines the acquiring authority shall pay full compensation to him for the loss or damage. E+W

(2) This paragraph shall not apply where the person sustaining the loss or damage is the owner of the mines.

Powers of entry E+W

8 (1) For the purpose of ascertaining whether underlying mines have been worked so as to damage the undertaking the acquiring authority may, after giving 24 hours notice in writing— E+W

(a) enter on any land in which the mines are, or are thought to be, being worked, and which is in or near to the land where the undertaking is situated, and

(b) enter the mines and any works connected with the mines.

(2) For the said purpose the acquiring authority may make use of any apparatus or machinery belonging to the owner of the mines, and may use all necessary means for discovering the distance from the undertaking to the parts of the mines which are, or are about to be, worked.

(3) If the owner of the mines refuses to allow a person appointed by the acquiring authority for the purpose to enter the mines or works under this paragraph he shall be liable on summary conviction to a sum not exceeding £50.

Remedial works E+W

9 (1) If it appears that mines have been worked contrary to the provisions of this Schedule, the acquiring authority may give notice to the owner of the mines to construct such works and adopt such means as may be necessary or proper for making safe the undertaking, and preventing injury to it. E+W

(2) If the owner of the mines does not comply with the notice, the acquiring authority may themselves construct the works, and may recover their expenses from the owner by proceedings in the High Court.

Section 28.

SCHEDULE 3 E+W Acquisition of Rights over Land by the Creation of New Rights

Modifications etc. (not altering text)

C77 Sch. 3 applied by Housing Act 1988 (c. 50, SIF 61), s. 77(5)(6)

C78 Sch. 3 applied by Water Act 1989 (c. 15, SIF 130), s. 151(4) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

C79 Sch. 3 applied (with modifications) by Water Act 1989 (c. 15, SIF 130), s. 155(3)(7), Sch. 20 paras. 6(1)(b)(c) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

C80 Sch. 3 applied by Electricity Act 1989 (c. 29, SIF 44:1), ss. 10(1), 112(3), Pt. II para. 5, Sch. 17 para. 35(1)

C81 Schedule 3 applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 155(4), 223(2) (with saving in s. 188 and with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

Schedule 3 applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167, 223(2), Sch. 11 para. 6(1)(b) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

Schedule 3 applied (with modifications) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 154(4), 225(2) (with saving in s. 182 and with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Schedule 3 applied (with modifications) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168, 225(2), Sch. 19, para. 6(1)(b) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Schedule 3 applied (with modifications) (10.11.1993) by 1993 c. 28, ss. 162(5), 169, Sch. 20 Pt. I; S.I. 1993/2762, art. 3.

Sch. 3 applied (18.12.1996) by 1996 c. 61, s. 5(4)

Sch. 3 extended (26.3.2001) by 2000 c. 26, s. 95, Sch. 5, Pt. II para. 4(2); S.I. 2000/2957, art. 2(3), Sch. 3

C82 Sch. 3 applied (22.7.2008) by Crossrail Act 2008 (c. 18), s. 7(6)

C83 Sch. 3 applied (with modifications) (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 2 para. 2; S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

Part I E+W

1 U.K. In this Schedule “right” means a right to which section 28(1) of this Act applies, or any right to which this Schedule is applied by any Act passed after this Act.

General modifications E+W

2 (1) This Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition of a right as it applies to the compulsory acquisition of land, so that, in appropriate contexts, references in this Act to land are read as referring, or as including references, to the right acquired or to be acquired, or to land over which the right is, or is to be, exercisable, according to the requirements of the particular context. E+W

(2) Without prejudice to the generality of sub-paragraph (1) above, Part II of this Schedule shall apply to the compulsory acquisition of a right in substitution for Part III of this Act.

Part II E+W Acquisition of New Rights Over Special Kinds of Land

Statutory undertakers land E+W

3 (1) This paragraph applies where the land over which a right is to be acquired by virtue of a compulsory purchase order includes land which has been acquired by statutory undertakers for the purposes of their undertaking and on a representation made to the appropriate Minister before the expiration of the time within which objections to the order can be made he is satisfied— E+W

(a) that any of the said land is used for the purposes of the carrying on of their undertaking, or

(b) that an interest in any of the said land is held for those purposes.

[F13 and the representation is not withdrawn.]

(2) The compulsory purchase order shall not be confirmed or made so as to authorise the compulsory purchase of a right over any land as to which the appropriate Minister is satisfied as aforesaid except land as to which he is satisfied that its nature and situation are such—

(a) that the right can be purchased without serious detriment to the carrying on of the undertaking, or

(b) that any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to or available for acquisition by them,

and certifies accordingly.

Textual Amendments

F13 Words in Sch. 3, para. 3(1) added (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15, para.10(1); S.I. 1991/2067, art. 3.

Modifications etc. (not altering text)

C84 Sch. 3 para. 3 functions transferred (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 18

Orders subject to special parliamentary procedure E+W

Local authority and statutory undertakers’ land E+W

4 (1) This paragraph applies to land which— E+W

(a) is the property of a local authority, or

(b) has been acquired by statutory undertakers, who are not a local authority, for the purposes of their undertaking.

(2) Subject to sub-paragraph (3) below, a compulsory purchase order shall, in so far as it authorises the compulsory purchase of rights over land to which this paragraph applies, be subject to special parliamentary procedure in any case where an objection to [F14 the compulsory purchase of the rights] has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.

(3) Sub-paragraph (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 sub-paragraph (4) below), [F15 an urban development corporation][F16 , a Mayoral development corporation]F17 [F18 ...,]. . . F19 . . ., [F20 a Welsh planning board,]any statutory undertakers or a Minister.

(4) In sub-paragraph (3) above—

• “local authority” means—

  (a)

  in relation to England, the council of a county or district, the council of a London borough, the Common Council of the City of London and the Greater London Council,

  (b)

  in relation to Wales, the council of a county or [F21 county borough],

and this definition applies to the Isles of Scilly as if the Council of those Isles were the council of a county;

• “statutory undertakers” has the same meaning as in section 17(3) of this Act.

• [F22 “a Welsh planning board” means a board constituted under—

  (a)

  section 2(1B) of the Town and Country Planning Act 1990; F23 . . .

  (b)

  F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F14 Words in Sch. 3 para. 4(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 25(7)(b), 35(1); S.I. 2013/1488, art. 3(e) (with art. 8(3))

F15 Words in Sch. 3, para. 4(3) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15, para. 11; S.I. 1991/2067, art. 3.

F16 Words in Sch. 3 para. 4(3) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 7(4)

F17 Words in Sch. 3 para. 4(3) omitted (1.4.2006) by virtue of 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. 2 para. 9(2) (with art. 3(1))

F18 Words in Sch. 3 para. 4(3) inserted (1.10.1998) by 1998 c. 38, s. 128, Sch. 14 Pt. II para. 20 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

F19 Words in Sch. 3 para. 4(3) repealed (1.4.1997) by 1995 c. 25, s. 120, Sch. 24 (with s. 117); S.I. 1996/2560, art. 2, Sch.

F20 Words in Sch. 3 para. 4(3) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 17(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.

F21 Words in definition in Sch. 3 para. 4(4)(b) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 64(2) (with s. 54, Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.

F22 Definition in Sch. 3 para. 4(4) added (1,4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 17(2)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.

F23 Sch. 3 para. 4(4): para. (b) and the word or immediately preceding it in definition of “statutory undertakers” repealed (1.4.1997) by 1995 c. 25, s. 120, Sch. 24 )(with s. 117); S.I. 1996/2560, art. 2, Sch.

National Trust land E+W

5 (1) This paragraph applies to land belonging to the National Trust which is held by the Trust inalienably. E+W

(2) A compulsory purchase order shall, in so far as it authorises the compulsory purchase of rights over land to which this paragraph applies, be subject to special parliamentary procedure in any case where an objection to [F24 the compulsory purchase of the rights] has been duly made by the National Trust and has not been withdrawn.

(3) In this paragraph “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the M1 National Trust Act 1907 or section 8 of the M2 National Trust Act 1939.

Textual Amendments

F24 Words in Sch. 3 para. 5(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 25(7)(b), 35(1); S.I. 2013/1488, art. 3(e) (with art. 8(3))

Marginal Citations

M1 1907 c. cxxxvi.

M2 1939 c. lxxxvi.

Commons, open spaces etc. E+W

6 (1) In so far as a compulsory purchase order authorises the acquisition of a right over land forming part of a common, open space or fuel or field garden allotment, it shall be subject to special parliamentary procedure unless the Secretary of State is satisfied— E+W

(a) that the land, when burdened with that right, will be no less advantageous to those persons in whom it is vested and other persons, if any, entitled to rights of common or other rights, and to the public, than it was before, or

[F25 (aa) that the right is being acquired in order to secure the preservation or improve the management of the land]

(b) that there has been or will be given in exchange for the right additional land which will as respects the persons in whom there is vested the land over which the right is to be acquired, the persons, if any, entitled to rights of common or other rights over that land, and the public, be adequate to compensate them for the disadvantages which result from the acquisition of the right, and that the additional land has been or will be vested in the persons in whom there is vested the land over which the right is to be acquired, and subject to the like rights, trusts and incidents as attach to that land apart from the compulsory purchase order, or

(c) that the land affected by the right to be acquired does not exceed 250 square yards in extent, and that the giving of other land in exchange for the right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public,

and certifies accordingly.

(2) In the case of a compulsory purchase order under the M3 Highways Act 1980 sub-paragraph (1)(c) above shall have effect as if after the words “extent” there were inserted the words “or the right is required in connection with the widening or drainage of an existing highway or in connection partly with the widening and partly with the drainage of such a highway”.

(3) Where it is proposed to give a certificate under this paragraph, the Secretary of State shall [F26 direct the acquiring authority to]give public notice of his intention so to do, and—

(a) after affording opportunity to all persons interested to make representations and objections in relation thereto, and

(b) after causing a public local inquiry to be held in any case where it appears to him to be expedient so to do, having regard to any representations or objections made,

the Secretary of State may, after considering any representations and objections made and, if an inquiry has been held, the report of the person who held the inquiry, give the certificate.

[F27 (3A) Notice under sub-paragraph (3) above shall be given in such form and manner as the Secretary of State may direct.]

(4) A compulsory purchase order may provide for vesting land given in exchange as mentioned in sub-paragraph (1) above in the persons, and subject to the rights, trusts and incidents, therein mentioned, and [F28 except where the Secretary of State has given his certificate under sub-paragraph (1)(aa) above.]for discharging the land over which any right is to be acquired from all rights, trusts and incidents to which it has previously been subject so far as their continuance would be inconsistent with the exercise of that right.

(5) In this paragraph—

• “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green,

• “fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act,

• “open space” means any land laid out as a public garden, or used for the purpose of public recreation, or land being a disused burial ground.

Textual Amendments

F25 Sch. 3, para. 6(1)(aa) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15, para. 12(2)(a); S.I. 1991/2067, art. 3.

F26 Words in Sch. 3, para. 6(3) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15, para. 12(2)(b); S.I. 1991/2067, art.3.

F27 Sch. 3, para. 6(3A) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15, para. 12(2)(c); S.I. 1991/2067, art.3.

F28 Words in Sch. 3, para. 6(4) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15, para. 12(2)(d); S.I. 1991/2067, art.3.

Marginal Citations

M3 1980 c. 66.

Ancient monuments E+W

F29 7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Sch. 3, para. 7 repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), ss. 70, 84(6), Sch. 15, para. 28, Sch. 19 PartIII, S.I. 1991/2067, art. 3.

Land within more than one provision in this Schedule E+W

8 E+W In the case of land falling within more than one of paragraphs 4 to 7 above, a compulsory purchase order shall be subject to special parliamentary procedure if required to be subject thereto by any of those paragraphs.

Notice of giving of certificate E+W

9 E+W As soon as may be after the giving of a certificate under this Schedule, the acquiring authority shall publish in one or more local newspapers circulating in the locality in which the land comprised in the order is situated a notice in the prescribed form stating that the certificate has been given.

Section 34.

SCHEDULE 4 U.K. CONSEQUENTIAL AMENDMENTS

Modifications etc. (not altering text)

C85 The text of Schedule 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Translation of references to the Act of 1946 U.K.

1 U.K. In the enactment specified in the Table below for “Acquisition of Land (Authorisation Procedure) Act 1946” or “said Act of 1946” substitute “ Acquisition of Land Act 1981 ”.

TABLE

In the Metropolitan Police Act 1886 (c. 22)

section 4(11).

In the Small Holdings and Allotments Act 1908 (c. 36)

section 25(1).

F30 . . .

In the Fire Services Act 1947 (c. 41)

section 3(5).

In the Agriculture Act 1947 (c. 48)

F31 . . .

section 93(1)(b).

F32 . . .

F33 . . .

In the Coast Protection Act 1949 (c. 74)

section 14(1) and (3)

section 27(3) and (6).

F34 . . .

In the Prison Act 1952 (c. 52)

section 36(2).

[F35 In the Town Development Act 1952 (c. 54)]

[F35 section 6(4).]

In the Atomic Energy Authority Act 1954 (c. 32)

sections 5(1) and 9(3).

F36 . . .

In the Underground Works (London) Act 1956 (c. 59)

section 6(6).

F37 . . .

In the Caravan Sites and Control of Development Act 1960 (c. 62)

section 24(6).

In the Transport Act 1962 (c. 46)

section 15(1), (3) and (4).

F38 . . .

In the Agriculture Act 1967 (c. 22)

section 51(7).

F39 . . .

In the Leasehold Reform Act 1967 (c. 88)

paragraph 3(4) of Schedule 4.

F40 . . .

F41 . . .

section 55(1), (2) and (3).

F42 . . .

F42 . . .

F43 . . .

In the Gas Act 1972 (c. 60)

paragraph 3(1) of Schedule 2.

In the Local Government Act 1972 (c. 70)

section 121(4)

F44 . . .

In the Slaughterhouses Act 1974 (c. 3)

section 30(2).

F45 . . .

F46 . . .

section 22(5).

F47 . . .

F47 . . ..

F48 . . .

section 28(1).

In the Refuse Disposal (Amenity) Act 1978 (c. 3)

section 7.

In the Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

section 10(2)

section 16(9).

Textual Amendments

F30 Entry repealed by Energy Act 1983 (c. 25, SIF 44:1), Sch. 4 Pt. I

F31 Entry in Sch. 4 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1

F32 Entry repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18

F33 Entry repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1, Sch. 1 Pt. VII

F34 Entry repealed by Mineral Workings Act 1985 (c. 12, SIF 86), Sch. 2

F35 Entry repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II

F36 Entry repealed by Food Act 1984 (c. 30, SIF 53:1), Sch. 11

F37 Entry repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

F38 Entry repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

F39 Entry repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F40 Entry repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

F41 Entry in Sch. 4 para. 1 Table repealed (26.3.2001 subject to art. 1(3) of the amending S.I.) by S.I. 2001/1149, art. 3(2), Sch. 2

F42 Words in Sch. 4 para. 1 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 10; S.I. 2005/910, art. 3(aa)

F43 Entry repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF:123:1, 2), s. 3, Sch. 1

F44 Words by Housing and Planning Act 1986 (c. 63, SIF 61), s. 49(2), Sch. 12, Pt. III

F45 Entry repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

F46 Entry in Sch. 4 para. 1 Table repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. III (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4

F47 Entry in Sch. 4 para. 1 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3, 4(2), Sch. 3 Part I (with Sch. 2 paras. 10, 14(1), 15)

F48 Entry in Sch. 4 para. 1 Table repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4

Land Settlement Facilities Act 1919 (c. 59) U.K.

2 (1) In section 2(1) of the Land Settlement Facilities Act 1919, as amended by Schedule 4 to the Acquisition of Land (Authoritisation Procedure) Act 1946, for “paragraph (3) of the Second Schedule to the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ section 11(1) of the Compulsory Purchase Act 1965 ”. U.K.

(2) This paragraph (like the said amendment by Schedule 4 to the said Act of 1946) shall not affect the application of the said section 2 in relation to the compulsory hiring of land or to an agreement to hire land.

Agriculture Act 1947 (c. 48) U.K.

F49 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49 Sch. 4 para. 3 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1

4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

Textual Amendments

F50 Sch. 4 para. 4 repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

Textual Amendments

F51 Sch. 4 para. 5 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VII

6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

Textual Amendments

F52 Sch. 4 para. 6 repealed by Civil Aviation Act 1982 (c. 16, SIF 9), s. 109(3), Sch. 16

Coast Protection Act 1949 (c. 74) U.K.

7 (1) In section 14(2) of the Coast Protection Act 1949 for “paragraph 15 of the First Schedule to the said Act of 1946” substitute “ section 23(3) of the Acquisition of Land Act 1981 ”. U.K.

(2) In section 14(3) of the said Act of 1949 for “paragraph 15 of the First Schedule thereto”, in the first place where those words occur, substitute “ section 23(3) thereof ”.

National Parks and Access to the Countryside Act 1949 (c. 97) U.K.

8 U.K. In section 103 of the National Parks and Access to the Countryside Act 1949 before subsection (2) insert—

“(1A) The Acquisition of Land Act 1981 shall apply to the acquisition of land under this Act, and in relation to the acquisition under this Act of any interest in land the Compulsory Purchase Act 1965 shall apply with any necessary modifications”.

Housing Repairs and Rents Act 1954 (c. 53) U.K.

9 U.K. For section 50 of the Housing Repairs and Rents Act 1954 substitute—

“50 Exclusion of statutory tenants from receipt of certain notices.

(1) This section applies for the purposes of—

(a) paragraph 3(b) of Schedule 1 to the National Parks and Access to the Coutryside Act 1949 (orders designating national parks and other orders), and

(b) any local enactment regulating the service of notices in respect of the proposed exercise of any powers in relation to land.

(2) For those purposes an occupier who is a statutory tenant within the meaning of the Rent Act 1977 of the Rnt (Agriculture) Act 1976 shall be deemed to be a tenant for a period less than a month.”

10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

Textual Amendments

F53 Sch. 4 para. 10 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

Opencast Coal Act 1958 (c. 69) U.K.

11 (1) The Opencast Coal Act 1958 shall be amended as follows. U.K.

(2) Before subsection (5) of section 4 insert—

“(4A) Parts II, III and IV of the Acquisition of Land Act 1981 shall apply to compulsory rights orders, subject to section 29 of that Act”.

(3) In section 4(7) after “Lands Clauses Acts” insert “ and the Compulsory Purchase Act 1965 ”.

(4) Before subsection (5) of section 16 insert—

“(4A) In relation to the compulsory purchase of a right by virtue of this section—

(a) the Acquisition of Land Act 1981 shall apply, and

(b) that Act and the Compulsory Purchase Act 1965 shall have effect as if references (whatever the terms used) to the land comprised in the compulsory purchase order were construed, where the context so requires, as reference to the land on which the works or pipes are to be placed, and references to the obtaining or taking possession of the first mentioned land were construed as references to the exercise of the right.”

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

(6) In paragraph 3(2) of Schedule 9 for “First Schedule to the Acquisition of Land Act or” substitute “ Acquisition of Land Act 1981 or Schedule 1 to ”.

Textual Amendments

F54 Sch. 4 para. 11(5) repealed by Housing and Planning Act 1986 (c. 63, SIF 61), s. 39(4), Sch. 12 Pt. II

12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

Textual Amendments

F55 Sch. 4 para. 12 repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

Police Act 1964 (c. 48)F56 F56 U.K.

Textual Amendments

F56 Sch. 4 para. 13 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compulsory Purchase Act 1965 (c. 56) U.K.

14 (1) The Compulsory Purchase Act 1965 shall be amended as follows. U.K.

(2) For section 1(1) substitute—

“1 (1) This Part of this Act shall apply in relation to any compulsory purchase to which Part II of the Acquisition of Land Act 1981, or Schedule 1 to that Act, applies, and in this Part of this Act—

(a) “the Acquisition of Land Act” means that Act,

(b) “compulsory purchase order” has the same meaning as in that Act.”

(3) In section 11(1)—

(a) for “paragraph 3 of Schedule 1 to the Act of 1946” substitute “ section 12(3) of the Acquisition of Land Act ”,

(b) for “section 8(1) of the Act of 1946” substitute “ section 7(1) of the Acquisition of Land Act ”.

(4) For section 30 substitute—

“30 Section 6 of the Acquisition of Land Act shall apply to the service of notices under this Act.”

(5) In section 31 for “paragraph 3 of Schedule 1 to the Act of 1946” substitute “ section 12(3) of the Acquisition of Land Act. ”

(6) In section 32 for “Act of 1946” substitute “ Acquisition of Land (Authorisation of Procedure) Act 1946 ”.

(7) In Part II, in sections . . . F57 , . . . F58 , 37(1), and 38(1) for “Act of 1946” substitute “Acquisition of Land Act 1981”

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(9) In section 39(2) for “Act of 1946” substitute “ Acquisition of Land (Authorisation Procedure) Act 1946 ”.

Textual Amendments

F57 Words repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

F58 Words repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3 Pt. I

F59 Sch. 4 para. 14(8) repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

Agriculture Act 1967 (c. 22) U.K.

15 (1) The Agriculture Act of 1967 shall be amended as follows. U.K.

(2) In section 50(7) for “Part IV of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ Part IV of the Acquisition of Land Act 1981 ”.

(3) In Schedule 5 before paragraph 7 insert—

“6A (1) Part IV of the Acquisition of Land Act 1981 shall with the necessary modifications (and in particular with the substitution for references to that Act of references to this Act) apply in relation to an order made under this Schedule as the said Part IV applies in relation to compulsory purchase orders.

(2) Section 6 of the Acquisition of Land Act 1981 shall apply in relation to notices required or authorised to be served by the appropriate Minister under this Schedule with the appropriate modifications, and in particular with the substitution of the appropriate Minister for the Minister mentioned in the said section 6(4).

(3) Subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply to a public local inquiry held in pursuance of this Schedule as if the Minister there mentioned were the appropriate Minister”.

Leasehold Reform Act 1967 (c. 88) U.K.

16 (1) Schedule 4 to the Leasehold Reform Act 1967 shall be amended as follows. E+W

(2) In paragraph 4 for the words from “and the provisions” to the end of that paragraph substitute “ and the Acquisition of Land Act shall apply to a compulsory purchase under this paragraph ”.

(3) For paragraph 5(2) F60 . . . substitute—

“(2) The Acquisition of Land Act 1981 shall apply to a compuslory purchase under this paragraph”.

Textual Amendments

F60 Words in Sch. 4 para. 16(3) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4

Countryside Act 1968 (c. 41) U.K.

17 (1) In the Countryside Act 1968 paragraph 3 of Schedule 2 shall be amended as follows. U.K.

(2) In sub-paragraph (2) for “paragraph 3 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ section 11 or 12 of the Acquisition of Land Act 1981 ”.

(3) In sub-paragraph (3) for “paragraph 3 in the Act of 1946” substitute “ section 11 of the said Act of 1981 ”.

(4) In sub-paragraph (4)(a) for “the said paragraph 3 in the Act of 1946” substitute “ section 11 or 12 of the said Act of 1981 ”.

(5) In sub-paragraph (6) for “Paragraph 11 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ Section 19 of the Acquisition of Land Act 1981 ”.

Transport Act 1968 (c. 73) U.K.

18 (1) Section 10 of the Transport Act 1968 shall be amended as follows. U.K.

(2) In subsection (3)—

(a) for “Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ Acquisition of Land Act 1981 ”.

(b) except as it applies in Scotland, for the words from “apply as if” to the end of the subsection substitute “ apply to the compulsory purchase ”.

(3) Substitute “ Acquisition of Land Act 1981 ”

(a) for “said Act of 1946” in subsection (4), and

(b) for “Acquisition of Land (Authorisation Procedure) Act 1946” in subsection (9)(a).

Courts Act 1971 (c. 23) U.K.

F61 19 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 Sch. 4 para. 19 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 10; S.I. 2005/910, art. 3(aa)

20 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

Textual Amendments

F62 Sch. 4 para. 20 repealed by Civil Aviation Act 1982 (c. 16, SIF 9), s. 109(3), Sch. 16

21 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

Textual Amendments

F63 Sch. 4 para. 21 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

22 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

Textual Amendments

F64 Sch. 4 para. 22 repealed by Industrial Development Act 1982 (c. 52, SIF 64), s. 19, Sch. 3

Gas Act 1972 (c. 60) U.K.

23 U.K. In Schedule 2 to the Gas Act 1972 for paragraph 4 substitute—

“4 The Acquisition of Land Act 1981 shall apply to a compulsory purchase by the Corporation of land or rights in England and Wales, subject, in the case of a compulsory acquisition of a right by the creation of a new right, to Schedule 3 to that Act”.

24 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

Textual Amendments

F65 Sch. 4 para. 24 repealed by Iron and Steel Act 1982 (c. 25, SIF 70), s. 38, Sch. 7

25 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

Textual Amendments

F66 Sch. 4 para. 25 repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I

Local Government (Miscellaneous Provisions) Act 1976 (c. 57) U.K.

26 U.K. For subsection (5) of section 13 of the Local Government (Miscellaneous Provisions) Act 1976 substitute—

“(5) In this section “compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981, and Schedule 3 to that Act shall apply to the compulsory purchase of rights by virtue of subsection (1) above.”

Development of Rural Wales Act 1976 (c. 75)F67 F67 U.K.

Textual Amendments

F67 Sch. 4 para. 27 repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2) and 143(2)); S.I. 1998/2244, art. 4

27 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Health Service Act 1977 (c. 49) U.K.

F68 28 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Sch. 4 para. 28 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Ancient Monuments and Archaeological Areas Act 1979 (c. 46) U.K.

29 U.K. In Schedule 5 to the Ancient Monuments and Archaeological Areas Act 1979 at the end of the repeals add—

“1981 c. 65.	The Acquisition of Land Act 1981.	Section 20(1)(b).
		In Schedule 3 paragraph 7(1)(b).”

Local Government, Planning and Land Act 1980 (c. 65) U.K.

30 (1) The Local Government, Planning and Land Act 1980 shall be amended as follows. U.K.

F69 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 120(1) for “Acquisition of Land Acts” substitute “ Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ” and for “local authority” substitute “ regional, islands or district council ”.

(5) In section 142 after subsection (2) insert—

“(2A) The 1981 Act shall apply (subject to section 14492) below) to the compulsory acquisition of land in pursuance of subsection (1) or (2) above”.

(6) In section 142(5) for “1946 Act” substitute “ 1981 Act, and Schedule 3 to that Act shall apply to the compulsory purchase of a right by virtue of subsection (4) above ”.

(7) In section 143 after subsection (3) insert—

“(3A) The 1981 Act shall apply (subject to section 144(2) below) to the compulsory acquisition of land under this section”.

(8) In section 144(2) for “1946 Act” substitute “ 1981 Act ”, and for “142(3) and 143(4)” substitute “ 142 and 143 ”.

(9) In section 171 for the definition of the “1946 Act” substitute—

““the 1981 Act” means the Acquisition of Land Act 1981”.

F69 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) In Schedule 28—

(a) in paragraph 1 for “1946” substitute “ 1981 ”.

(b) at the end of paragraph 1 add “ and in paragraph 2 below as it applies in England and Wales for “Part I of Schedule 1” and “paragraph 6 of Schedule 1” substitute respectively “section 2(2)” and “section 15” ”.

Textual Amendments

F69 Sch. 4 para. 30(2)(3)(10)(11) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. V (with ss. 137(1), 139(2) and 143(2)); S.I. 1998/2244, art. 4

Highways Act 1980 (c. 66) U.K.

31 (1) The Highways Act 1980 shall be amended as follows. U.K.

(2) In section 238(2) for “Act of 1946” substitute “ Acquisition of Land Act 1981 ”.

(3) In section 246(4)(a) for “paragraph 3(1)(a) of Schedule 1 to the Act of 1946” substitute “ section 11 of the Acquisition of Land Act 1981 ”.

(4) In section 247 for subsection (2) to (4) substitute—

“(2) The Acquisition of Land Act 1981 shall, subject to subsection (5) below, apply to the compulsory acquisition of land under any of the foregoing provisions of this Part of this Act”.

(5) In section 247(5) for the words from “section 1(2)” to “Schedule 1 to that Act” substitute “ Part III of the Acquisition of Land Act 1981 ”.

(6) After section 250(3) insert—

“(3A) Schedule 3 to the Acquisition of Land Act 1981 shall apply to the compulsory purchase of a right by virtue of this section”.

(7) In section 250(5) for paragraphs (a) and (b) substitute—

“(a) Part II of Schedule 19 to this Act has effect for the adaptation of Part I of the Act of 1965 to cases of compulsory acquisition of rights”.

(8) In section 254(1) (after paragraph (c), for the words from “notwithstanding” to “prevents” substitute “ nothing in Part III of, or Schedule 3 to, the Acquisition of Land Act 1981 shall prevent ”.

(9) In section 254(6) for “Act of 1946” substitute “ Acquisition of Land Act 1981 ”.

(10) In subsections (1), (2) and (4) of section 257 for “Schedule 1 to the Act of 1946” substitute “ Acquisition of Land Act 1981 ”.

(11) In section 258(1) for “Schedule 1 to the Act of 1946” substitute “ Part II of, or Schedule 1 to, the Acquisition of Land Act 1981 ”.

(12) In section 259(1)—

(a) for “Part I of Schedule 1 to the Act of 1946” substitute “ Part II of the Acquisition of Land Act 1981 ”,

(b) for “Part II of the Schedule” substitute “ Schedule 1 to that Act ”,

(c) for “said Schedule 1” substitute “ Acquisition of Land Act 1981 ”.

(13) In section 259(2) for the words from “paragraph 6” to “that Schedule” substitute “ section 15 of the Acquisition of Land Act 1981 or as the case may be paragraph 6 of Schedule 1 to that Act ”.

(14) In section 322(5)(a) for “Schedule 1 to the Act of 1946” substitute “ Part II of, or Schedule 1 to, the Acquisition of Land Act 1981 ”.

Animal Health Act 1981 (c. 22) U.K.

32 U.K. At the end of section 55(2) of the Animal Health Act 1981 add “ and the Acquisition of Land Act 1981 shall apply to a compulsory purchase under this section by such a local authority ”.

New Towns Act 1981 (c. 64) U.K.

33 U.K. In section 72(2) of the New Towns Act 1981 for “section 6(3) of the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ section 9 of the Acquisition of Land Act 1981 ”.

Section 34.

SCHEDULE 5 E+W Transitional

References to old law to include new law E+W

1 (1) This paragraph is without prejudice to section 17(2)(a) of the M4 Interpretation Act 1978 as extended to the interpretation of subordinate legislation and instruments and documents by section 23(2) and (3) of that Act. E+W

(2) Any document made, served or issued before the passing of this Act or at any time thereafter (whether before or after the commencement of this Act) and containing a reference to an enactment repealed by this Act shall, except in so far as a contrary intention appears, be construed as referring, or as the context requires, as including a reference, to the corresponding provision of this Act.

Marginal Citations

M4 1978 c. 30.

References to new law to include old law E+W

2 E+W Any reference, whether express or implied, in any enactment, instrument or document (including this Act and any enactment amended by Schedule 4 to this Act) to, or to things done or falling to be done under or for the purposes of, any provision of this Act shall, if and so far as the nature of the reference permits, be construed as including, in relation to the circumstances or purposes in relation to which the corresponding provision in the enactments repealed by this Act has or had effect, a reference to, or as the case may be to things done or falling to be done under or for the purpose of, that corresponding provision.

Periods of time E+W

3 E+W Where a period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if the corresponding provision of this Act had been in force when that period began to run.

Successor authorities E+W

4 (1) Any reference in this Act (whether express or implied) to a thing done by a Minister, or by a local authority, under a provision of this Act includes, except where the context otherwise requires, a reference to the corresponding thing done by a predecessor authority under the corresponding enactment repealed by this Act. E+W

(2) In this paragraph “predecessor authority” means—

(a) where the relevant function has been transferred from one Minister to another, the Minister from whom the function was transferred,

(b) where the relevant function has been transferred from one local authority to another, under any enactment (including in particular the M5 London Government Act 1963, the M6 Local Government Act 1972 and the M7 Water Act 1973) the authority from whom the function was transferred.

Marginal Citations

M5 1963 c. 33.

M6 1972 c. 70.

M7 1973 c. 37.

Construction of enactments applying the 1946 Act E+W

5 E+W Section 1(1)(a) of this Act includes in particular a compulsory purchase “in relation to” which this Act applies or has effect by virtue of any enactment in which this Act substitutes a reference to this Act for a reference to the M8 Acquisition of Land (Authorisation Procedure) Act 1946.

Marginal Citations

M8 1946 c. 49.

Local authority and statutory undertakers land excluded from compulsory purchase E+W

6 E+W Section 17(3) and paragraph 4(3) of Schedule 3 above—

(a) shall not apply where the notice of the making or preparation in draft of the compulsory purchase order was first duly published before 6th April 1976,

(b) shall have effect, in relation to the period before 13th November 1980, as if the persons there mentioned included a development corporation as defined in section 3(1) of the New Towns Act 1981 and a joint Board established (in England) under section 2 of the M9 Community Land Act 1975.

Marginal Citations

M9 1975 c. 77.

Extinguishment of certain public rights of way E+W

7 E+W The repeal by this Act of section 3 of the M10 Acquisition of Land (Authorisation Procedure) Act 1946 shall not affect any order under that section if—

(a) it was made before 3rd August 1968, or

(b) a notice relating to the order was published pursuant to subsection (2) of the said section 3 before that date,

and Part VI of this Act shall not apply to the order.

Marginal Citations

M10 1946 c. 49.

Section 34.

SCHEDULE 6 E+W REPEALS

Modifications etc. (not altering text)

C86 The text of s. 34(1)(3) and Schedule 6 (except the para. commencing “The repaeals”) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

PART I E+W

Chapter	Short Title	Extent of Repeal
9 & 10 Geo. 6. c. 49.	Acquisition of Land (Authorisation Procedure) Act 1946.	The whole Act except sections 6(1) and 10 and Schedule 4.
10 & 11 Geo. 6 .c. 41.	Fire Services Act 1947.	In section 3(5) the words from “as if” to the end of the subsection.
		In section 8(3) the words “The Acquisition of Land (Authorisation Procedure) Act 1946 and” and the words “in the said Act of 1946 and”.
10 & 11 Geo. 6. c. 48.	Agriculture Act 1947.	In section 92(1) the words from “and that Act” to the end of the subsection.
10 & 11 Geo. 6. c. 51.	The Town and Country Planning Act 1947.	Section 49(8).
		In section 119(1) the definitions of “land” and “local authority”.
		In Schedule 8 the amendments of the Acquisition of Land (Authorisation Procedure) Act 1946.
10 & 11 Geo. 6. c. 54.	Electricity Act 1947.	In section 9, in subsection (1) the words from “as if” to the end of the subsection.
11 & 12 Geo. 6. c. 22.	Water Act 1948.	In the Schedule, in paragraph 8(1) the words from “the Act of 1946” to “and the expression”.
12, 13 & 14 Geo. 6. c. 67.	Civil Aviation Act 1949.	In section 19(2A) the words from “as if” to the end of the subsection.
		In section 23(3) the words from “as if” to the end of the proviso.
12, 13 & 14 Geo. 6. c. 74.	Coast Protection Act 1949.	In section 14(1) the words “as if this Act had been in force immediately before the commencement of that Act”.
12, 13 & 14 Geo. 6. c. 97.	National Parks and Access to the Countryside Act 1949.	In section 103 subsections (2) and (4) and in subsection (6) the words from “and the provisions” to the end of the subsection.
14 & 15 Geo. 6. c. 60.	Minerals Workings Act 1951.	In section 17(3) the words from “as if” to the end of the subsection.
15 & 16 Geo. 6 and 1 Eliz. 2. c. 52.	Prison Act 1952.	In section 36(2) the words from “as if” to the end of the subsection.
15 & 16 Geo. 6 and 1 Eliz. 2. c. 54.	Town Development Act 1952.	In section 6(4) the words from “as if” to the end of the subsection.
1953 c. 49.	Historic Buildings and Ancient Monuments Act 1953.	In section 20 paragraph (a).
2 & 3 Eliz. 2. c. 32.	Atomic Energy Act 1954.	In section 5(1) the words from “as if” to “commencement thereof”.
4 & 5 Eliz. 2. c. 16.	Food and Drugs Act 1955.	In section 130(3) the words from “as if” to the end of the subsection.
4 & 5 Eliz. 2. c. 59.	Underground Works (London) Act 1956.	In section 6(6) the words from “and that Act” to the end of the subsection.
5 & 6 Eliz. 2. c. 56.	Housing Act 1957.	In Schedule 1, in paragraph 1(1), the words “as if this Act had been in force immediately before the commencement of that Act”.
		In Schedule 7, in paragraph 1(1), the words “as if this Act had been in force immediately before the commencement of that Act”.
6 & 7 Eliz. 2. c. 69.	Opencast Coal Act 1958.	Section 4(5).
		Section 16(5).
		In section 47(2) the words from “(including” to “this Act)”.
		In section 51(1) the definition of “the Acquisition of Land Act”.
		In Schedule 2 Part I.
		In Schedule 10 paragraph 7.
8 & 9 Eliz. 2. c. 62.	Caravan Sites and Control of Development Act 1960.	In section 24(6) the words from “as if” to the end of the subsection.
9 & 10 Eliz. 2. c. 33.	Land Compensation Act 1961.	In Schedule 4 paragraphs 6 and 7.
10 & 11 Eliz. 2. c. 46.	Transport Act 1962.	In section 15, in subsection (1) the words from “as if” to “that Act”.
1963 c. 33.	London Government Act 1963.	In Schedule 17 paragraph 8.
1963 c. 38.	Water Resources Act 1963.	In section 65(3) the words from “and accordingly” to the end of the subsection.
		Section 71(5).
		In Schedule 8 paragraph 17.
1964 c. 48.	Police Act 1964.	In section 9(3) the words “and the Acquisition of Land (Authorisation Procedure) Act 1946”.
1965 c. 36.	Gas Act 1965.	In section 12(1) the words from “and Part I” to the end of the subsection.
		In section 13(2) the words from “and Part I” to the end of the subsection.
		In section 13(3) the words “and Part I of Schedule 4 to this Act shall apply in relation to the compulsory purchase”.
		In Schedule 4 paragraphs 1 and 2.
1965 c. 56.	Compulsory Purchase Act 1965.	In section 1, in subsection (2) and (3) the words “under the Act of 1946”.
		In Schedule 7 the amendment of the Agriculture Act 1947.
1967 c. 22.	Agriculture Act 1967.	In section 51(7) the words from “as if” to “commencement of that Act”.
		In Schedule 5, in paragraph 7(1) the words from “Acquisition of Land” where they first occur to “case may be”, paragraph 7(2) and in paragraph 7(3) the words from the beginning to “public local inquiries)”.
1967 c. 76.	Road Traffic Regulation Act 1967.	In section 30(1) the words from “as if” to “commencement of that Act”.
1968 c. 41.	Countryside Act 1968.	In Part I of Schedule 3 the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946 (that is, all between the entries relating to the Water Act 1945 and the Highways Act 1959).
1968 c. 72.	Town and Country Planning Act 1968.	Section 31.
		Section 59.
1969 c. 33.	Housing Act 1969.	In section 32(2) the words from “as if” to the end of the subsection.
1969 c. 48.	Post Office Act 1969.	In section 55(1) the words from “as if” to the end of the subsection.
		In Schedule 4, in paragraph 93 sub-paragraphs (1)(iv) and (2)(iv).
1971 c. 75.	Civil Aviation Act 1971.	In Schedule 5 paragraph 5(b).
1971 c. 78.	Town and Country Planning Act 1971.	In section 112(4) the words from “and accordingly” to the end of the subsection.
		In section 113(3) the words from “as it applies” to the end of the subsection.
		In section 114(5) the words from “and accordingly” to the end of the subsection.
		In section 218(2) the words from “and accordingly” to the end of the subsection.
		Section 229.
		In Schedule 23 the amendment of the Town and Country Planning Act 1968.
1972 c. 60.	Gas Act 1972.	In Schedule 2, in paragraph 5 the words “The Act of 1946 and”, and paragraphs 6 to 11.
1972 c. 70.	Local Government Act 1972.	In section 121(4) the words from “as if” to the end of the subsection.
		In section 125(4) the words from “as if that subsection” to “commencement of that Act”.
1973 c. 26.	Land Compensation Act 1973.	Section 64.
1974 c. 3.	Slaughterhouses Act 1974.	In section 30(2) the words from “as if” to the end of the subsection.
1974 c. 44.	Housing Act 1974.	In section 3(4) the words from “as if” (where they first occur) to the end of the subsection.
		In section 43(2) the words from “as if” to the end of the subsection.
1975 c. 56.	Coal Industry Act 1975.	In Schedule 3 paragraph 10.
1975 c. 64.	Iron and Steel Act 1975.	In section 9(1) the words from “as if” to the end of the subsection.
1975 c. 70.	Welsh Development Agency Act 1975.	In section 22(5) the words from “as if” to the end of the subsection.
1975 c. 78.	Airports Authority Act 1975.	In section 17(1) the words from “as if” to the end of the subsection.
		In section 19(1) the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946.
1976 c. 57.	Local Government (Miscellaneous Provisions) Act 1976.	In section 13, in subsection (2) the words from the beginning to “1946 and”, subsection (3)(a) and in subsection (3)(b) the words from “(which relates” to “Act of 1946)”.
		In Schedule 1 Part I.
1976 c. 70.	Land Drainage Act 1976.	In section 37(2) the words from “as if” to the end of the subsection.
1976 c. 75.	Development of Rural Wales Act 1976.	In section 6, in subsection (2) the words (following paragraph (b)) from “and for the purpose” to the end of the subsection, in subsection (6) the words from the beginning to “1946 and”, subsection (7)(a) and in subsection (7)(b) the words from “(which relates” to “Act of 1946)”.
		In Schedule 4 Part I.
1976 c. 80.	Rent (Agriculture) Act 1976.	In Schedule 8 paragraph 3.
1977 c. 42.	Rent Act 1977.	In Schedule 23 paragraph 11.
1978 c. 3.	Refuse Disposal (Amenity) Act 1978.	In section 7 the words from “as if” to the end of the section.
1979 c. 46.	Ancient Monuments and Archaeological Areas Act 1979.	In section 10(2) the words from “as it” to the end of the subsection.
		In section 16(9) the words from “as it” to the end of the subsection.
1980 c. 65.	Local Government, Planning and Land Act 1980.	In section 104(3) the words from “as if” to the end of the subsection.
		In section 120(1) in paragraph (a) the words from “6th April 1976” to “Scotland”, and in paragraph (b) the words from “the Peak” to “Planning Board”.
		In section 120(2) the words “the Act of 1946 or, as the case may be” and the words “the National Trust or”.
		In section 120(3), except for the definition of “statutory undertakers”, and in paragraph (b) of that definition the words “the Town and Country Planning Act 1971 or”.
		In section 120(5) the words “in section 2 of the New Towns Act 1965 or”.
		In section 142(3) the words “The 1946 Act and” and in paragraph (a) the words “the 1946 Act or (as the case may be)”.
		In section 143(4) the words “The 1946 Act and” and the words “the 1946 Act or (as the case may be)”.
		In Schedule 17, in paragraph 5 the entry (in both columns) for section 41 of the 1975 Act.
		In Schedule 20 paragraph 3.
		In Schedule 21 paragraph 14.
		In Schedule 23 paragraph 1.
		In Schedule 28 paragraph 3, in paragraph 21(1) the words “The 1946 Act and”, paragraph 21(2)(a) and paragraph 22.
1980 c. 66.	Highways Act 1980.	In section 250(4) the words “1946 and”.
		In section 329(1) the definition of the “the Act of 1946”.
		Section 340(2)(c).
		In Schedule 19 Part I.
1981 c. 22.	Animal Health Act 1981.	In section 55(3) the words “the Acquisition of Land (Authorisation Procedure) Act 1946 and”.
1981 c. 38.	British Telecommunications Act 1981.	In Schedule 3 paragraphs 10(1)(a) and 11(1)(a).

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

PART II E+W SPENT PROVISIONS

Chapter	Short Title	Extent of Repeal
23 & 24 Geo. 5. c. 12.	Children and Young Persons Act 1933.	Section 96(5).
9 & 10 Geo. 6. c. 49.	Acquisition of Land (Authorisation Procedure) Act 1946.	In Schedule 4 the amendment of the Children and Young Persons Act 1933.
10 & 11 Geo. 6. c. 41.	Fire Services Act 1947.	In section 3(5) the proviso.
10 & 11 Geo. 6. c. 54.	Electricity Act 1947.	In subsections (1) and (2) of section 9 the words “(except section two thereof)”.
11 & 12 Geo. 6. c. 29.	National Assistance Act 1948.	Section 58.
12, 13 & 14 Geo. 6. c. 26.	Public Works (Festival of Britain) Act 1949.	Section 57(a).
12, 13 & 14 Geo. 6. c. 67.	Civil Aviation Act 1949.	In section 28(6) the words “except section 2 thereof”.

PART III E+W STATUTORY INSTRUMENTS

Chapter	Short Title	Extent of Repeal
S.I. 1965/145.	Transfer of Functions (Shipping and Construction of Ships) Order 1965.	In Schedule 1 the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946.
S.I. 1965/319.	Secretary of State for Wales and Minister of Land and Natural Resources Order 1965.	In Part I of Schedule 1 the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946.
S.I. 1967/486.	Transfer of Functions (Miscellaneous) Order 1967.	In Schedule 2 the amendment of the Acquisition of Land (Authorisation Procedure) Act 1946.
S.I. 1969/388.	Transfer of Functions (Wales) Order 1969.	Article 4(1)(c).
S.I. 1970/1681.	Secretary of State for the Environment Order 1970.	In Schedule 2 paragraph 4.
S.I. 1976/1775.	Secretary of State for Transport Order 1976.	In Schedule 2 paragraph 4.