SCHEDULES

I35SCHEDULE 15 Amendments Relating to Land Compensation

Section 70.

Annotations:
Commencement Information
I35

Sch. 15 wholly in force: Sch. 15 except para. 32 in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3; para. 32 in force at 2.1.1992 by S.I. 1991/2728, art. 2

I15Part I Miscellaneous Amendments

Annotations:
Commencement Information
I15

Sch. 15 Pt. I wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Rules for assessment of compensation

I1C11

In section 5 of the M1Land Compensation Act 1961 (rules for assessing compensation), in rule (3) (disregard of special suitability of land for any purpose where, in particular, there is no market for that purpose apart from the special needs of a particular purchaser or the requirements of an authority possessing compulsory purchase powers) “the special needs of a particular purchaser or” is omitted.

Expenses in acquiring replacement land

I2C22

After section 10 of the M2Land Compensation Act 1961 there is inserted—

10A Expenses of owners not in occupation.

Where, in consequence of any compulsory acquisition of land—

a

the acquiring authority acquire an interest of a person who is not then in occupation of the land; and

b

that person incurs incidental charges or expenses in acquiring, within the period of one year beginning with the date of entry, an interest in other land in the United Kingdom,

the charges or expenses shall be taken into account in assessing his compensation as they would be taken into account if he were in occupation of the land.

Compensation otherwise than in the form of money

I33

In section 3 of the M3Compulsory Purchase Act 1965 (acquisition by agreement for a consideration in money) after “money” there is inserted “ or money’s worth ”.

Tenants at will, etc: part acquisitions

I4C34

In section 20(2) of the Compulsory Purchase Act 1965 (tenant at will, etc., entitled to compensation for damage done to him in his tenancy), for “in his tenancy by severing the” there is substituted “ by severing ”.

Caravans etc. affected by noise of public works

I55

1

After section 20 of the M4Land Compensation Act 1973 there is inserted—

20A Power to make payments in respect of caravans and other structures affected by noise of public works.

1

The Secretary of State may make regulations empowering responsible authorities to make a payment, not exceeding an amount specified in the regulations, in respect of any dwelling which—

a

is not a building;

b

is occupied by a person as his only or main residence; and

c

is affected or likely to be affected by noise caused by the construction or use of public works.

2

Regulations under this section may—

a

make provision as to the level of noise giving rise to a power under the regulations and the area in which a dwelling must be situated if a power is to arise in respect of it;

b

specify the classes of public works and of dwellings in respect of which a power is to arise, and the classes of persons entitled to make claims, under the regulations; and

c

make provision as to the funds out of which expenses incurred by responsible authorities under the regulations are to be defrayed.

3

The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4

Subsections (3), (7) and (12) of section 20 above apply for the purposes of this section as they apply for the purposes of that.

2

This paragraph does not apply in relation to any public works if the relevant date for the purposes of Part I of the M5Land Compensation Act 1973 fell more than twelve months before the date on which this paragraph comes into force.

Farm loss payments

I6C46

1

Section 34 of the Land Compensation Act 1973 (right to farm loss payment where person displaced from agricultural unit) is amended as follows.

2

For subsection (1)(a) (section applies only if whole of land is acquired) there is substituted—

a

in consequence of the compulsory acquisition of his interest in the whole, or a sufficient part, of that land, he is displaced from the land acquired

3

In subsection (2) (interests qualifying for compensation) for the words following “tenancy” there is substituted “ where his interest is as tenant for a year or from year to year or a greater interest, and “sufficient part” means not less than 0.5 hectares or such other area as the Secretary of State may by order specify ”.

4

After that subsection there is inserted—

2A

The power to make an order under subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5

At the end of subsection (3)(a) (meaning of displacement) there is added “ or on any date after the making or confirmation of the compulsory purchase order but before being required to do so by the acquiring authority ”.

6

Subsection (6) is omitted.

Notice to quit agricultural holding: right to opt for notice of entry compensation

I7C57

At the end of section 59(7) of the Land Compensation Act 1973 (which does not apply where land was Crown land at time of agreement to acquire it) there is inserted “ and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 293 of the M6Town and Country Planning Act 1990). ”

Service of documents

I88

In section 6(4) of the M7Acquisition of Land Act 1981 (service of documents where not practicable to ascertain name or address of owner, etc.), for the words from “premises or” to the end there is substituted “ land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land ”.

Meaning of “owner”

I9C69

In section 7 of the Acquisition of Land Act 1981 (interpretation) at the end of the definition of “owner” there is inserted “ and 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 ”.

Local authority and statutory undertakers’ land

I10C710

1

At the end of section 16(1) of, and paragraph 3(1) of Schedule 3 to, the M8Acquisition of Land Act 1981 (statutory undertakers’ land excluded from compulsory purchase if objection made and no certificate given) there is added “ and the representation is not withdrawn. ”

2

For section 31(2) and (3) of that Act (acquisition under certain enactments without a certificate) there is substituted—

2

Section 16(2) of, and paragraph 3(2) of Schedule 3 to, this Act shall not apply to an order confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would (apart from this subsection) have power to make or confirm it.

I11C811

In section 17(3) of, and paragraph 4(3) of Schedule 3 to, that Act (certain compulsory acquisitions to be subject to special parliamentary procedure, unless acquirer is local authority, etc.), before “the Land Authority for Wales” there is inserted “ an urban development corporation ”.

Commons, open spaces, etc.

I12C912

1

In section 19 of the Acquisition of Land Act 1981 (compulsory acquisition of commons, etc., to be subject to special parliamentary procedure, with exceptions)—

a

at the end of subsection (1)(a) there is inserted—

aa

that the land is being purchased in order to secure its preservation or improve its management

b

in subsection (2) after “shall” there is inserted “ direct the acquiring authority to ”,

c

after that subsection there is inserted—

2A

Notice under subsection (2) above shall be given in such form and manner as the Secretary of State may direct.

d

at the end of subsection (3) there is added “ except where the Secretary of State has given a certificate under subsection (1)(aa) above. ”

2

In paragraph 6 of Schedule 3 to that Act—

a

after sub-paragraph (1)(a) there is inserted—

aa

that the right is being acquired in order to secure the preservation or improve the management of the land

b

in sub-paragraph (3) after “shall” there is inserted “ direct the acquiring authority to ”,

c

after that sub-paragraph there is inserted—

3A

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

d

in sub-paragraph (4), after “mentioned, and” there is inserted “ except where the Secretary of State has given his certificate under sub-paragraph (1)(aa) above. ”

Blighted land

I1313

In sections 150(1)(b), 161(2)(c) and 162(1)(b) of the principal Act (notices requiring purchase of blighted land: need to show reasonable endeavours to sell interest) after “interest” there is inserted “ or the land falls within paragraph 21 or paragraph 22 (disregarding the notes) of Schedule 13 and the powers of compulsory acquisition remain exercisable ”.

I1414

1

In Schedule 13 to that Act (blighted land) for paragraph 16 there is substituted—

16

Land comprised in the site of a highway as proposed to be constructed, improved or altered by the Secretary of State if he has given written notice of the proposal, together with maps or plans sufficient to identify the land in question, to the local planning authority.

2

In paragraph 18 of that Schedule for “trunk road or special road” there is substituted “ highway ”.

I34Part II Minor and Consequential Amendments

Annotations:
Commencement Information
I34

Sch. 15 Pt. II wholly in force: Sch. 15 Pt. II paras. 15 - 31 in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3; Sch. 15 Pt. II wholly in force at 2.1.1992, so far as not already in force, by S.I. 1991/2728, art. 3

Land Compensation Act 1961 (c. 33)

I16C1015

1

In section 14(1) of the Land Compensation Act 1961 after “shall” there is inserted “ (subject to subsection (3A) of this section) ”.

2

In section 14(3) of that Act, for the words from “but” to the end there is substituted—

3A

In determining—

a

for the purpose referred to in subsection (1) of this section whether planning permission for any development could in any particular circumstances reasonably have been expected to be granted in respect of any land; or

b

whether any of the assumptions mentioned in section 16 of this Act (but not section 15) are applicable to the relevant land or any part thereof,

regard shall be had to any contrary opinion expressed in relation to that land in any certificate issued under Part III of this Act.

I17C1116

In section 17 of that Act—

a

for the words from the beginning of subsection (2) to “acquire it” there is substituted “ If the authority proposing to acquire the interest ”, and

b

subsection (8) is omitted.

I18C1217

In section 19(1) of that Act for “in the circumstances mentioned in subsection (1) of section 17 of this Act” there is substituted “ by an authority possessing compulsory purchase powers ”.

I19C1318

Section 22(3) of that Act is omitted.

Compulsory Purchase Act 1965 (c. 56)

I20C1419

In section 31 of the Compulsory Purchase Act 1965—

a

after “but” there is inserted “ in the case of land which is not diocesan glebe land ”,

b

for “to be applied” there is substituted “ and, in the case of diocesan glebe land, shall be paid to the Diocesan Board of Finance in which the land is vested and, in either case, shall be applied ”, and

c

at the end of that section there is added— “ In this section “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the M9Endowments and Glebe Measure 1976. ”

Land Compensation Act 1973 (c. 26)

I21C1520

In section 13 of the Land Compensation Act 1973—

a

in subsection (1) for “to the Church Commissioners to” there is substituted—

a

in the case of land which is not diocesan glebe land, to the Church Commissioners; and

b

in the case of diocesan glebe land, to the Diocesan Board of Finance in which the land is vested,

and (in either case) shall

b

at the end of subsection (2) there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the M10Endowments and Glebe Measure 1976 ”.

I2221

In section 26 of that Act—

a

in subsection (2) for “of the kind mentioned in section 22(2) above” there is substituted “ a qualifying interest ”, and

b

in subsection (5) for “and (2)” there is substituted “ (2) and (2A) ”.

I23C1622

1

Section 29 of that Act is amended as follows.

2

In subsection (1)—

a

in paragraph (ii) “passed the resolution” is omitted;

b

“and” following paragraph (iii) is omitted;

c

after paragraph (iv) there is inserted “ and ”; and

d

in paragraph (v) after “(e)” there is inserted “ above ”.

3

In subsection (3A) the words from “of the service” to “(1)(b) above” are omitted.

4

In subsection (4)—

a

for paragraph (b) there is substituted—

b

a right to occupy the dwelling—

i

as a statutory tenant within M11the meaning of the M12Rent (Agriculture) Act 1976 or the Rent Act 1977, or

ii

under a contract to which section 19 of the Rent Act 1977 (restricted contracts) applies or would apply if the contract or dwelling were not excluded by section 19(3) to (5) or 144 of that Act

b

for paragraph (e) there is substituted—

e

a right to occupy the dwelling under a licence where—

i

it is a right to occupy as a protected occupier within the meaning of the Rent (Agriculture) Act 1976,

ii

Part IV of the M13Housing Act 1985 (secure tenancies) applies to the licence, or

iii

the licence is an assured agricultural occupancy within the meaning of Part I of the M14Housing Act 1988.

I24C1723

In section 32(7B) of that Act for “the person giving up possession” there is substituted “ any person giving up possession or occupation ”.

I25C1824

In section 52 of that Act—

a

in subsection (9) after “the amount of the advance payment” there is inserted “ together with any amount paid under section 52A ”, and

b

in subsection (10) the words following “unpaid” are omitted.

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

I2625

After section 141(5) of the Local Government, Planning and Land Act 1980 there is inserted—

5A

No compensation is payable, by virtue of an order under this section, under Part IV of the M15Land Compensation Act 1961.

Annotations:
Commencement Information
I26

Sch. 15 para. 25 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Marginal Citations

Highways Act 1980 (c. 66)

I2726

In section 246(2) of the Highways Act 1980, for the words following paragraph (b) there is substituted “ if the interest of the vendor is a qualifying interest ”.

Acquisition of Land Act 1981 (c. 67)

I28C1927

At the end of section 12(3) of, and paragraph 3(3) of Schedule 1 to, the Acquisition of Land Act 1981 there is added “ or being diocesan glebe land within the meaning of the M16Endowments and Glebe Measure 1976 ”.

I2928

Section 20 of, and paragraph 7 of Schedule 3 to, that Act are repealed.

The principal Act

I3029

In section 231 of the principal Act the words from “for a purpose” to “is situated” are omitted.

I31C2030

1

In section 318 of that Act, in subsection (3) for the words from “be” (in paragraph (a)) to “shall” (in paragraph (b)) there is substituted—

in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and

b

shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,

and shall (in either case)

2

In subsection (4)(b) of that section for “(3)(b)” there is substituted “ (3) ”.

3

At the end of section 318(6) of that Act there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976 ”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

I32C2131

1

In section 86(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 for the words from “be” (in paragraph (a)) to “shall” (in paragraph (b)) there is substituted—

in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and

b

shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,

and shall (in either case).

2

At the end of section 86(4) of that Act there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976 ”.

Planning (Hazardous Substances) Act 1990 (c. 10)

I3332

1

In section 34(3) of the Planning (Hazardous Substances) Act 1990 for the words from “be” (in paragraph (a)) to “shall” (in paragraph (b)) there is substituted—

in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and

b

shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,

and shall (in either case).

2

At the end of section 34(4) of that Act there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the M17Endowments and Glebe Measure 1976 ”.