Compulsory Purchase (Vesting Declarations) Act 1981

Part III E+W Effect of Declaration

7 Constructive notice to treat. E+W

[F1 (1) [F2 Subject to section 8A,] on the vesting date the provisions of—

(a) the Land Compensation Act 1961 (as modified by section 4 of the Acquisition of Land Act 1981),

(b) the Compulsory Purchase Act 1965, and

(c) Schedule A1 to this Act,

shall apply as if, on the date on which the general vesting declaration was executed, a notice to treat had been served on every person on whom, under section 5 of the Compulsory Purchase Act 1965, the acquiring authority could have served such a notice, other than any person entitled to a minor tenancy or a long tenancy which is about to expire.]

(2) For the purposes of subsection (1) above it shall be assumed that the acquiring authority required to take the whole of the land specified in the declaration and had knowledge of all the parties referred to in section 5 of the Compulsory Purchase Act 1965.

(3) The power conferred by section 31 of the M1 Land Compensation Act 1961 to withdraw a notice to treat shall not be exercisable in respect of a notice to treat which is deemed to be served under this section.

Textual Amendments

F1 S. 7(1) substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 18 para. 3; S.I. 2017/75, reg. 3(k) (with reg. 5)

F2 Words in s. 7(1) inserted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 186(2), 255(7) (with s. 247); S.I. 2024/92, reg. 2(m) (with reg. 6(2))

Modifications etc. (not altering text)

C1 S. 7 applied (with modifications) (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2011 2013 (S.I. 2013/680), art. 21(7)

Marginal Citations

M1 1961 c. 33.

8 Vesting, and right to enter and take possession. E+W

(1) [F3 Any land specified in the general vesting declaration, together with the right to enter upon and take possession of it, shall, subject to [F4 sections 8A and] 9 below, vest in the acquiring authority on the vesting date in relation to that land as if—]

(a) the circumstances in which under Part I of the M2 Compulsory Purchase Act 1965 an authority authorised to purchase land compulsorily have any power to execute a deed poll had arisen in respect of all the land, and all interests therein, and

(b) the acquiring authority had duly exercised that power accordingly on the vesting date.

(2) Subsection (1)(a) above applies to any deed poll whether for vesting land or any interest in land in the acquiring authority, or for extinguishing the whole or any part of any rent-service, rentcharge, chief or other rent, or other payment or incumbrance.

(3) Section 11(1) of the M3 Compulsory Purchase Act 1965 (power to enter upon land after service of notice to treat) shall not apply to land specified in a general vesting declaration.

Textual Amendments

F3 Words in s. 8(1) substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 18 para. 4; S.I. 2017/75, reg. 3(k) (with reg. 5)

F4 Words in s. 8(1) substituted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 186(3), 255(7) (with s. 247); S.I. 2024/92, reg. 2(m) (with reg. 6(2))

Marginal Citations

M2 1965 c. 56.

M3 1965 c. 56.

[F5 8A Postponement of vesting by agreement E+W

(1) The acquiring authority may agree in writing with the owner of any interest which is to vest in the authority under section 8 that the interest is to vest on a date after the vesting date.

(2) If such an agreement is in force on the vesting date, sections 7 and 8 operate in relation to the interest as if the vesting date were—

(a) the agreed date, or

(b) any date subsequently agreed under subsection (1).

(3) If an interest subject to an agreement under this section entitles the owner to possession of the land concerned, the right to enter upon and take possession of the land given by section 8 does not arise until the interest vests in accordance with this section.]

Textual Amendments

F5 S. 8A inserted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 186(4), 255(7) (with s. 247); S.I. 2024/92, reg. 2(m) (with reg. 6(2))

9 Minor tenancies and tenancies about to expire. E+W

(1) This section applies where any land specified in a general vesting declaration is land in which there subsists a minor tenancy or a long tenancy which is about to expire.

(2) The right of entry conferred by section 8(1) above shall not be exercisable in respect of that land unless, after serving a notice to treat in respect of that tenancy, the acquiring authority have served on every occupier of any of the land in which the tenancy subsists a notice stating that, at the end of such period as is specified in the notice (not being less than [F6 3 months]) from the date on which the notice is served, they intend to enter upon and take possession of such land as is specified in the notice, and that period has expired.

(3) The vesting of the land in the acquiring authority shall be subject to the tenancy until the period specified in a notice under subsection (2) above expires, or the tenancy comes to an end, whichever first occurs.

Textual Amendments

F6 Words in s. 9(2) substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 191, 216(3); S.I. 2017/75, reg. 3(f) (with reg. 5)