5APower to require information

1

This section applies to information about land in relation to which an acquiring authority is entitled to exercise a power of compulsory purchase.

2

The acquiring authority may serve a notice on a person mentioned in subsection (4) requiring him to give to the authority in writing the following information—

a

the name and address of any person he believes to be an owner, lessee, tenant (whatever the tenancy period) or occupier of the land;

b

the name and address of any person he believes to have an interest in the land.

3

The power in subsection (2) is exercisable for the purpose of enabling the acquiring authority to acquire the land.

4

The persons are—

a

the occupier of the land;

b

any person who has an interest in the land either as freeholder, mortgagee or lessee;

c

any person who directly or indirectly receives rent for the land;

d

any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it.

5

The notice must specify the period within which the information must be given to the acquiring authority (being a period of not less than 14 days beginning with the day on which the notice is served).

6

The notice must also specify or describe—

a

the land,

b

the compulsory purchase power, and

c

the enactment which confers the power.

7

The notice must be in writing.

8

Section 6(4) does not apply to notices to be served under this section.

5BOffences relating to information

1

A person commits an offence if he fails without reasonable excuse to comply with a notice served on him under section 5A.

2

A person commits an offence if, in response to a notice served on him under section 5A—

a

he gives information which is false in a material particular, and

b

when he does so, he knows or ought reasonably to know that the information is false.

3

If an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

a

a director, manager, secretary or other similar officer of the body corporate, or

b

a person purporting to act in any such capacity,

he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.

4

The reference in subsection (3) to a director must be construed in accordance with section 331(2) of the Town and Country Planning Act 1990.

5

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.