Planning and Compulsory Purchase Act 2004

Planning and Compulsory Purchase Act 2004

2004 CHAPTER 5

Commentary on Sections

Part 8: Compulsory Purchase

Section 105: Power to require information

135. Section 105 inserts two new sections into the Acquisition of Land Act 1981.

136. New section 5A gives an acquiring authority the power to require it to be provided with the names and addresses of those who own, occupy or are believed to have an interest in land if the authority has a statutory power to acquire compulsorily. The power may only be exercised for the purpose of enabling the authority to acquire the land. Such a power will enable an acquiring authority to ascertain ownership and occupation of land for the purpose of early negotiations for purchase by agreement and for service of notices on the appropriate persons set out in sections 98 and 99 in any subsequent exercise of compulsory purchase powers.

137. New section 5B makes failure to provide such information without reasonable excuse or knowingly to provide materially false information an offence. Conviction can result in a fine on level 5 on the standard scale (currently £5,000 maximum).