Acquisition of Land Act 1981

12 Notices to owners, lessees [F1, occupiers and others]. E+W

(1)The acquiring authority shall serve on every [F2qualifying person] a notice in the prescribed form—

(a)stating the effect of the order,

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

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

(2)[F3A 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, F4...

(b)he falls within subsection (2A) [F5, 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 [F6Church Commissioners] [F6Diocesan Board of Finance for the diocese in which the land is situated] .

In this subsection “ecclesiastical property” means land belonging to any ecclesiastical benefice [F7of the Church of England] , or being or forming part of a church subject to the jurisdiction of the bishop of any diocese [F7of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction [F8[F9or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976]].

Textual Amendments

F1Words in s. 12 title substituted (30.9.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 2(2) (with s. 144); S.I. 2022/48, reg. 5(d)

F2Words 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)

F3S. 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)

F6Words 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

F7Words 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

F9Words 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)

C2S. 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