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SCHEDULES

SCHEDULE 6E+W Modifications of Enactments for Purposes of this Act

Part I E+W

Compulsory Purchase Act 1965E+W

1(1)Part I of the M1Compulsory Purchase Act 1965 as applied by this Act shall have effect as if section 27 (acquiring authority to make good deficiencies in rates) and section 32 (commencement) were omitted.E+W

(2)In construing that Act as applied by this Act—

(a)this Act or, in relation to a compulsory acquisition, this Act and the compulsory purchase order, shall be deemed to be the special Act;

(b)“the acquiring authority” has the meaning given by this Act;

(c)“subject to compulsory purchase” in relation to a compulsory acquisition means land the compulsory purchase of which is authorised by the compulsory purchase order, and in relation to the acquisition of land by agreement means land which may be purchased by agreement under this Act;

(d)references to the execution of the works shall be construed as including references to any erection, construction or carrying out of buildings or works authorised by this Act;

(e)in relation to any erection, construction or carrying out of any building or works so authorised, references in section 10 of that Act of 1965 (compensation for injurious affection) to the promoters of the undertaking shall be construed as references to the person by whom the buildings or works in question are erected, constructed or carried out; F1...

(f)references to the execution of the works shall be construed as including also references to any erection, construction or carrying out of buildings or works on behalf of the Secretary of State on land acquired by him under section 11 above, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired[F2;

(g)in Schedule 2A to that Act references to section 11 or 11A of that Act are to be read respectively as references to paragraph 4 or 4A of this Schedule.]

Textual Amendments

F1Word in Sch. 6 para. 1(2)(e) omitted (3.2.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 17 para. 8(a); S.I. 2017/75, reg. 3(g) (with reg. 5)

Marginal Citations

2E+WNothing—

(a)in Part I of the M2Compulsory Purchase Act 1965 as applied by this Act in relation to the acquisition of land by agreement, or

(b)in this Act as so applying,

shall enable a local authority to sell for the purpose of this Act without the consent of any Minister any land which they could not have sold without that consent apart from this paragraph.

Marginal Citations

3E+WThe acquiring authority shall, without prejudice to any power in that behalf exercisable by them apart from this paragraph, be entitled, notwithstanding anything in section 5 of that Act of 1965 or in any other provision of that Act, to acquire one or some of two or more interests subsisting in the land without acquiring the other interest or interests subsisting in it.

4(1)If the acquiring authority have, in respect of any of the land, served notice to treat on every owner of that land [F3so far as known to the acquiring authority after making diligent inquiry in accordance with section 5(1) of the Compulsory Purchase Act 1965], they may at any time afterwards serve a notice—E+W

(a)on every occupier of any of that land, and

(b)on every person (other than such an occupier) who, having been served with a notice to treat in respect of that land, has requested the acquiring authority in writing to serve him with any notice under this sub-paragraph and has given them an address for its service,

describing the land to which the notice relates and stating their intention to enter on and take possession of it at the expiry of such period F4... as may be specified in the notice.

(2)The acquiring authority may enter on and take possession of the land to which such notice or notices relate—

(a)at the expiry of the period specified in the notice, or

(b)where two or more such notices are required, and the periods specified in the several notices do not expire at the same time, at the expiry of the last of those periods, or

(c)at any time after those expiries,

without previous consent or compliance with section 11 of the M3Compulsory Purchase Act 1965 but subject to payment of the like compensation for the land of which possession is taken, and interest on the compensation agreed or awarded, as they would have been required to pay if those provisions had been complied with.

[F5(2A)The period specified in a notice under sub-paragraph (1) must not end earlier than the end of the period of 3 months beginning with the day on which the notice is served unless—

(a)it is a notice to which paragraph 4A(4) applies, or

(b)it is a notice to which paragraph 13 of Schedule 2A to the Compulsory Purchase Act 1965 (as modified by paragraph 1(2)(g) above) applies.

(2B)A notice under sub-paragraph (1) must explain the effect of paragraph 4B (counter-notice requiring possession to be taken on specified date) and give an address at which the acquiring authority may be served with a counter-notice.

(2C)An acquiring authority may extend the period specified in a notice under sub-paragraph (1) by agreement with each person on whom it was served.

(2D)A reference in this Schedule to the period specified in a notice under sub-paragraph (1) is to the period as extended by any agreement under sub-paragraph (2C).]

(3)The provisions of this paragraph have effect instead of section 11(1) of the Compulsory Purchase Act 1965.

Textual Amendments

Marginal Citations

[F64A(1)This paragraph applies where—E+W

(a)an acquiring authority have given a notice under paragraph 4(1) but have not yet entered on and taken possession of the land, and

(b)the authority become aware of an owner (“the newly identified owner”) to whom they ought to have given a notice to treat under section 5(1) of the Compulsory Purchase Act 1965 but have not.

(2)Any notice already served under paragraph 4(1) remains valid, but the authority may not enter on and take possession of the land unless they serve on the newly identified owner—

(a)a notice to treat under section 5(1) of the Compulsory Purchase Act 1965, and

(b)a notice under paragraph 4(1).

(3)Sub-paragraph (4) applies for the purpose of determining the period to be specified in the notice under paragraph 4(1) served on the newly identified owner if—

(a)the owner is an occupier of the land and the authority were not aware of the owner because they were given misleading information when carrying out inquiries under section 5(1) of the Compulsory Purchase Act 1965, or

(b)the owner is not an occupier of the land.

(4)The period must be a period that ends—

(a)no earlier than the end of the period of 14 days beginning with the day on which the notice of entry is served, and

(b)no earlier than the end of the period specified in any previous notice under paragraph 4(1) given by the acquiring authority in respect of the land.

(5)This paragraph applies instead of section 11A of the Compulsory Purchase Act 1965.

Textual Amendments

4B(1)Where the acquiring authority serves a notice under paragraph 4(1) on an occupier with an interest in land, the occupier may serve a counter-notice requiring the acquiring authority to take possession of the land by no later than a date specified in the counter-notice.E+W

(2)If the occupier gives up possession of the land on or before the specified date, the acquiring authority is to be treated as having taken possession on that date (unless the acquiring authority has in fact taken possession before that date).

(3)The date specified in the counter-notice—

(a)must not be before the end of the period specified in the notice under paragraph 4(1), and

(b)must be at least 28 days after the day on which the counter-notice is served.

(4)A counter-notice under sub-paragraph (1) has no effect if the notice to treat relating to the land is withdrawn or ceases to have effect before the date specified in the counter-notice.

(5)A counter-notice under sub-paragraph (1) has no effect if it would require an acquiring authority to take possession of land at a time when either paragraph 4A of this Schedule or paragraph 6 of Schedule 2A to the Compulsory Purchase Act 1965 prohibit the authority from entering on and taking possession of the land.

(6)If sub-paragraph (5) applies, the authority must notify the occupier who served the counter-notice—

(a)that the counter-notice has no effect, and

(b)if the authority serve a notice under paragraph 4(1) of this Schedule as mentioned in paragraph 4A(2)(b) of this Schedule, of the date after which the authority could enter on and take possession of the land.

(7)If a counter-notice served under sub-paragraph (1) has no effect because of sub-paragraph (5), the occupier who served it may serve a further counter-notice.

(8)Where a notice under paragraph 4(1) is served on more than one occupier with the same interest in the land, a reference in this section to the occupier with an interest in land is to all of them acting together.

(9)This paragraph applies instead of section 11B of the Compulsory Purchase Act 1965.]

Textual Amendments

5E+WSection 30(3) of the Compulsory Purchase Act 1965 (service of notices in accordance with the M4Acquisition of Land Act 1946) does not apply but notice required to be served by the acquiring authority may, notwithstanding anything in subsection (1) of that section, be served and addressed in the manner specified in section 75 above in relation to notices required to be served under this Act.

Marginal Citations