Acquisition of Land Act 1981

7 Interpretation.E+W

(1)In this Act, except where the context otherwise requires—

  • “acquiring authority”, in relation to a compulsory purchase, means the Minister, local authority or other person who may be authorised to purchase the land compulsorily,

  • “compulsory purchase order” means an order under section 2(1) above,

  • “confirming authority”, in relation to a compulsory purchase, means, where the acquiring authority is not a Minister, the Minister having power to authorise the acquiring authority to purchase the land compulsorily,

  • “land”—

(a)includes messuages, tenements and hereditaments, and

(b)in relation to compulsory purchase under any enactment, includes anything falling within any definition of the expression in that enactment,

  • [F1“local authority” means—

F2[F3(a)a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

[F3(a1)the London Fire and Emergency Planning Authority;]]

(aa)[F4a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;]

(b)a levying body within the meaning of section 74 of [F5the Local Government Finance Act 1988] ;

(c)a body as regards which section 75 of that Act applies;

(d)any joint board or joint committee if all the constituent authorities are such authorities as are described in paragraphs (a) to (c); and

(e)the Honourable Society of the Inner Temple or the Honourable Society of the Middle Temple,]

  • “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the M1National Trust Act 1907,

  • “owner” in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement, the unexpired term whereof exceeds three years [F6and a person who would have power to sell and convey or release the land to the acquiring authority if a compulsory purchase order were operative],

  • “prescribed”: see subsection (2) below.

[F7“universal service provider” has the same meaning as in [F8Part 3 of the Postal Services Act 2011] ; and references to the provision of a universal postal service shall be construed in accordance with [F9that Part] .]

(2)Anything which, by Part II or III of this Act, or Schedule 1 or 3 of this Act, is required or authorised to be prescribed shall be prescribed by regulations made by the Secretary of State by statutory instrument.

[F10(3)But an instrument containing regulations made for the purposes of section 13A or paragraph 4A of Schedule 1 is subject to annulment in pursuance of a resolution of either House of Parliament.]

Subordinate Legislation Made

P1s. 7 power exercised by S.I. 1982/6, 1990/613

Textual Amendments

F2S. 7(1): in definition of “local authority” paras. (a)(aa) substituted (2.11.1992) for para. (a) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 52; S.I. 1992/2454, art. 2

F4Words in s. 7(1) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 53(1)(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F5Words in s. 7(1) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 53(1)(3); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F6Words in s. 7 (definition of “owner”) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 9; S.I. 1991/2067, art. 3

F7S. 7(1): definition of “universal service provider” inserted (26.3.2001 subject to art. 1(3) of the amending S.I.) by S.I. 2001/1149, arts. 1, 54(2)

F10S. 7(3) added (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(3) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

Marginal Citations

M11907 c. cxxxvi