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Land Compensation Act 1961
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Changes over time for: Section 5
Alternative versions:
- 01/02/1991- Amendment
- 25/09/1991- Amendment
- 06/04/2006- Amendment
- 16/06/2006- Amendment
- 04/08/2006- Amendment
- 10/12/2006- Amendment
- 01/03/2009- Amendment
- 01/06/2009- Amendment
- 01/04/2010- Amendment
- 06/04/2010- Amendment
- 19/07/2015- Amendment
- 01/01/2017- Amendment
- 22/09/2017- Amendment
- 30/11/2017- Amendment
- 28/12/2017- Amendment
- 01/01/2018- Amendment
- 06/08/2020- Amendment
- 04/11/2024- Amendment
Changes to legislation:
Land Compensation Act 1961, Section 5 is up to date with all changes known to be in force on or before 27 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 5:
- s. 5 applied (with modifications) by 2024 asc 3 Sch. 2 para. 9(1)
- s. 5(2)-(4) applied (by 1954 c. 56, s. 34C(3) (as inserted)) by 2022 c. 46 s. 63
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2024/752 Sch. 6 para. 1 2
- Act modified by S.I. 2020/1297 art. 36 (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
- Act modified by S.I. 2020/1297 Sch. 5 para. 2 (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
- Act modified by S.I. 2021/51 Sch. 6 para. 2 (This amendment not applied to legislation.gov.uk. S.I. 2021/51 removed from the website by request from the Department of Transport dated 12th July 2021 which followed the decision of the High Court of Justice to quash these Regulations in the judgement dated 8th July 2021 (High Court of Justice — Planning Court — The Queen (on the application of Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 14(2A)(2B) substituted for s. 14(3)(4) by 2023 c. 55 s. 189(2)(b)
- s. 17(1A)-(1C) inserted by 2023 c. 55 s. 189(3)(b)
- s. 17(3)(ba) substituted for s. 17(3)(a)(b) by 2023 c. 55 s. 189(3)(c)
- s. 17(5A)-(5C) substituted for s. 17(5)-(8) by 2023 c. 55 s. 189(3)(d)
- s. 18(2)(b)(iia) inserted by 2023 c. 55 s. 189(4)(a)(ii)
- s. 18(2)(aa) inserted by 2023 c. 55 s. 189(4)(a)(i)
- s. 18(2A)(2B) inserted by 2023 c. 55 s. 189(4)(b)
- s. 22(2A) inserted by 2023 c. 55 s. 189(7)
5 Rules for assessing compensation.E+W
Compensation in respect of any compulsory acquisition shall be assessed in accordance with the following rules:
(1)No allowance shall be made on account of the acquisition being compulsory:
(2)The value of land shall, subject as hereinafter provided, be taken to be the amount which the land if sold in the open market by a willing seller might be expected to realise:
[F1(2A)The value of land referred to in rule (2) is to be assessed in the light of the no-scheme principle set out in section 6A.]
(3)The special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from F2... the requirements of any authority possessing compulsory purchase powers:
(4)Where the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the occupants of the premises or to the public health, the amount of that increase shall not be taken into account:
(5)Where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, if the [F3Upper Tribunal] is satisfied that reinstatement in some other place is bona fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement:
(6)The provisions of rule (2) shall not affect the assessment of compensation for disturbance or any other matter not directly based on the value of land:
and the following provisions of this part of this Act shall have effect with respect to the assessment.
Textual Amendments
F1S. 5(2A) inserted (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 32(2), 46(1); S.I. 2017/936, reg. 3(b) (with reg. 4)
F2Words in s. 5(3) repealed (25.9.1991, subject to the restrictions referred to in S.I. 1991/2067, art. 4, Sch. 2 Pt. I para. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), ss. 70(a), 84(6), Sch. 15 Pt. I para. 1, Sch. 19 Pt. III (with s. 84(5)); S.I. 1991/2067, art. 3
F3Words in s. 5 substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 40 (with Sch. 5)
Modifications etc. (not altering text)
C1S. 5(5A) modified (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020 (S.I. 2020/746), art. 1, Sch. 5 para. 2 (with art. 5)
C2S. 5 applied (with modifications) by Acts listed in Chronological Table of the Statutes; and s. 5 modified by: Agriculture Act 1967 (c. 22), s. 50(8); Leasehold Reform Act 1967 (c. 88), ss. 29, 30, Sch. 4 para. 3(5); S.I. 1976/1218, art. 4; and Highways Act 1980 (c. 66), s. 261(6)
C3S. 5 applied (with modifications) by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 36(10), Water Act 1989 (c. 15, SIF 130), s. 155, Sch. 20 para 8(7) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58), Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 136(1)(a) and Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 43(5), Sch. 2 para. 4(a)
C4S. 5 applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167, 180, 223(2), Sch. 11 para. 8(7), Sch. 12 para. 3(2) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)
S. 5 applied (with modifications) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 61(6), 177, 225(2), Sch. 7 para. 5, Sch. 21 para. 3(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
S. 5 applied (with modifications) (30.10.1994) by S.I. 1994/2716, regs. 91(5), 96(4)
S. 5 applied (with modifications) (1.4.1999) by S.I. 1999/481, reg. 7(2)
S. 5 applied (29.4.1999) by S.I. 1999/1006, reg. 7, Sch. para. 5
S. 5 applied (with modifications) (1.8.2000) by S.I. 2000/1973, reg. 12(13), Sch. 6 para. 6(2)
S. 5 applied (1.4.2000) by S.I. 2000/227, reg. 6, Sch. 2 para. 5(2)
S. 5 applied (with modifications) (W.) (1.7.2001) by S.I. 2001/2197, reg. 6, Sch. 2 para. 5(2)
C5S. 5 applied by 1985 c. 68, s. 584B(5) (as substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 31; S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.))
C6S. 5 applied (with modifications) (E.) (4.8.2006) by Contaminated Land (England) Regulations 2006 (S.I. 2006/1380), reg. 1(1), Sch. 2 para. 5(2)
C7S. 5 applied (with modifications) (W.) (10.12.2006) by The Contaminated Land (Wales) Regulations 2006 (S.I. 2006/2989), reg. 1(1), Sch. 2 para. 5(2)
C8S. 5 applied (with modifications) (E.) (1.3.2009) by Environmental Damage (Prevention and Remediation) Regulations 2009 (S.I. 2009/153), reg. 1(1), Sch. 6 para. 6(1)
C9S. 5 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 28(6) (with reg. 125)
C10S. 5 applied (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 32(4) (with reg. 125)
C11S. 5 applied (with modifications) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 5 para. 6 (with reg. 1(2), Sch. 4)
C12S. 5 modified (E.) (19.7.2015) by The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810), reg. 1(1), Sch. 6 para. 6(1) (with regs. 4-8)
C13S. 5 applied (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 5 para. 6(2) (with regs. 1(3), 77-79, Sch. 4)
C14S. 5 applied (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 30(6)
C15S. 5 applied by 2003 c. 21, Sch. 3A para. 84(3)(a) (as inserted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/1286, reg. 2(b))
C16S. 5 applied (with modifications) (1.1.2018) by The Water Abstraction (Transitional Provisions) Regulations 2017 (S.I. 2017/1047), regs. 1, 12(1) (with reg. 8)
C17S. 5 applied (with modifications) (E.W.) (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), ss. 204(1), 212(2) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(c)
C18S. 5(2)(4) applied (5.11.1993) by 1993 c. 42, s. 21, Sch. 7 para. 16(2)(a)
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