The Acquisition of Land Act 1981 does not apply (except so far as expressly applied) to the compulsory purchase of land under section 290 (acquisition of land for clearance); instead, the provisions of Schedule 22 apply with respect to the making, confirmation, validity and operation of a compulsory purchase order under that section.

In so far as a compulsory purchase order under section 290 (acquisition of land for clearance) authorises the purchase of land forming part of a common, open space or allotment, the order shall be subject to special parliamentary procedure except where it provides for giving in exchange for such land other land, not being less in area, certified by the Secretary of State to be equally advantageous to the persons, if any, entitled to commonable or other rights and to the public.

Before giving a certificate the Secretary of State shall give public notice of the proposed exchange, shall afford opportunities to all persons interested to make representations and objections in relation to it and shall, if necessary, hold a local inquiry on the subject.

In this section—

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

• “open space” means any land laid out as a public garden or used for the purposes of public recreation, or land which is a disused burial ground;

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

Where this section applies the court may suspend the execution of any order for possession for such period, and subject to such conditions, as it thinks fit.

The period of suspension ordered by the court shall not extend beyond the end of the period of three years beginning with the date on which the court makes its order or, if earlier, the date on which the compulsory purchae order became operative.

The court may from time to time vary the period of suspension (but not so as to enlarge it beyond the end of the period of three years referred to in subsection (4)), or terminate it, or vary the terms of the order in other respects.

In this section “house in multiple occupation” has the same meaning as in Part XI.

A person who by virtue of this section ceases to be entitled to receive rent in respect of the premises shall be deemed for the purposes of section 20 of the [1965 c. 56.] Compulsory Purchase Act 1965 (compensation of tenants, &c.) to have been required to give up possession of the premises.

This section applies where a local housing authority have agreed to purchase or have determined to appropriate land for the purposes of—

• Part II (provision of housing),

• Part VIII (area improvement), or

• the provisions of Part IX relating to clearance areas,

subject to the interest of the person in possession of the land.

If that person’s interest is not greater than that of a tenant for a year, or from year to year, the authority may, after giving him not less than 14 days' notice, enter on and take possession of the land, or such part of the land as is specified in the notice, without previous consent.

The power conferred by subsection (2) may be exercised at any time after the making of the agreement or determination, except where the appropriation requires Ministerial consent in which case the power is not exercisable until that consent has been given.

The provisions of this section as to site value compensation are without prejudice to any further payment falling to be made under—

• section 586 and Schedule 23 (well maintained houses),

• section 587 and Schedule 24 (houses which are owner-occupied or used for business purposes), or

• section 589(2) (minimum compensation in certain cases),

and have effect subject to section 589(1) (maximum compensation in certain cases).

Where a payment falls to be made in respect of an interest in a house under Schedule 24 (payments in respect of houses which are owner-occupied or used for business purposes), no payment shall be made in respect of that house under Schedule 23 (payments for well maintained houses) unless the other payment relates to part only of the house, and in that case such part only of the amount which would otherwise be payable in accordance with Schedule 23 shall be payable as may reasonably be attributable to the remainder of the house.

In Schedules 23 and 24 references to a demolition order do not include such an order in respect of a house already subject to a closing order so far as it affects any part of the house in relation to which a payment under either of those Schedules has fallen to be made in respect of the closing order.

The gross value of a dwelling whose rateable value is by virtue of subsection (1) of section 19 of the [1967 c. 9.] General Rate Act 1967 to be taken to be its next annual value, as ascertained in accordance with subsections (2) to (4) of that section, shall be taken to be its corresponding gross value.

The corresponding gross value means a gross value which would be equivalent to the net annual value of the dwelling as shown in the valuation list if there were deducted any amount that by virtue of an order made or falling to be treated as made under section 19(2) of the General Rate Act 1967 would be deducted from the gross value of the dwelling if it had been required to be assessed to its gross value instead of its net annual value.

If more than one value is so ascertained to be the corresponding gross value, the highest value so ascertained shall be taken.

In subsection (1) “interest” in the house does not include the interest of a tenant for a year or any less period or of a statutory tenant.

The appropriate fraction of the payment is, except where subsection (5) applies, the fraction obtained by dividing the rateable value of the part of the premises in question by the rateable value of the premises.

If the payment was reduced in pursuance of paragraph 4(3) of Part I of Schedule 24 (reduction where part of premises not occupied for purposes of private dwelling), the appropriate fraction is the fraction obtained by dividing the rateable value of so much of the part of the premises in question as was used for the purposes of a private dwelling by the rateable value of so much of the premises as was so used.

In this section—

• “house” includes any building constructed or adapted wholly or partly as, or for the purposes of, a dwelling; and

• “interest” in a house does not include the interest of a tenant for a year or any less period or of a statutory tenant.

In determining what order, if any, to make under section 591 (modification of obligations under mortgage, &c.) the court shall have regard to all the circumstances of the case, and in particular to the following matters.

In the case of a mortgage or charge the court shall have regard to whether the mortgagee or person entitled to the benefit of the charge acted reasonably in advancing the principal sum on the terms of the mortgage or charge; and that person shall be deemed to have acted unreasonably if, at the time when the mortgage or charge was made, he knew or ought to have known that in all the circumstances of the case the terms of the mortgage or charge did not afford sufficient security for the principal sum advanced.

In the case of a mortgage or charge the court shall have to regard to the extent to which the house may have become unfit for human habitation owing to default on the part of the mortgagor or person entitled to the interest charged in carrying out any obligation under the terms of the mortgage or charge with respect to the repair of the house.

In the case of a mortgage or charge securing a sum which represents all or any part of the purchase price payable for the interest, the court shall have regard to whether the purchase price was excessive.

This section applies where an interest in land in a clearance area is, by virtue of—

• section 305(6)(a) (building becoming listed when subject to compulsory purchase for clearance),

• section 306(2) (building becoming listed when acquired by agreement for clearance), or

• paragraph 6 of Schedule 11 (building in respect of which rehabilitation order is made),

to be treated as appropriated for the purposes of Part II (provision of housing).

Compensation for the compulsory acquisition of the interest shall, where it increases the amount, be assessed to re-assessed in accordance with the provisions applying to a compulsory acquisition under Part II.

Where the interest is acquired by agreement (after the declaration of the clearance area), compensation shall, where subsection (2) would have increased the amount, be assessed and paid as if the acquisition were a compulsory acquisition under section 290 (acquisition of land for clearance) to which subsection (2) above applied; but there shall be deducted from the amount of compensation so payable any amount previously paid in respect of the acquisition of that interest by the authority.

If the person served does not, within 21 days from service of the notice, accept the particulars, or if he disputes the amount stated, the question of disputed compensation shall be referred to the Lands Tribunal.

References in this section to an increase in compensation shall be read as if payments under—

• Schedule 23 (payments for well maintained houses),

• Schedule 24 (payments in respect of houses which are owner-occupied or used for business purposes), and

• section 37 of the [1973 c. 26.] Land Compensation Act 1973 (disturbance payments for persons without compensatable interests),

and any extra-statutory payments by way of additional compensation were, to the extent that they were made to the person holding the interest in question, compensation in respect of the compulsory purchase.

Section 30 of the [1965 c. 56] Compulsory Purchase Act 1965 (service of notices) applies to the notice to be served under section 594(4) (notice of particulars of compensation).

Section 594(2) shall be left out of account in considering whether under section 22 of the Compulsory Purchase Act 1965 (procedure for acquiring interest mistakenly omitted from purchase) compensation has been properly paid for the land, and accordingly does not prevent an acquiring authority from remaining in undisputed possession of the land.

A sum payable by virtue of section 594 carries interest at the rate prescribed under section 32 of the [1961 c. 33.] Land Compensation Act 1961 from the time of entry on the land by the local housing authority, or from vesting of the land or interest, whichever is the earlier, until payment.

Where a building is demolished under section 287 (execution of obstructive building order), whether by the owner or by the local housing authority, compensation shall be paid by the authority to the owner in respect of loss arising from the demolition.

The compensation shall be assessed in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961 (determination of questions of disputed compensation).

In assessing the compensation no allowance shall be made on account of the demolition being compulsory.

A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving 24 hours' notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises.

An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised.

It is a summary offence to obstruct an officer of the local housing authority or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.

A person committing such an offence is liable on conviction to a fine not exceeding level 2 on the standard scale.