C14C15C16C17C18C19C20C21C22C23C24C25C26C27C28C44C29C30C38C31C33C34C35C36C37C108C40C41C42C43C45C47C49C53C51C52C50C57C56C55C58C59C60C61C62C63C64C65C68C67C66C69C70C71C73C74C76C79C78C82C83C85C88C89C90C93C92C94C95C96C97C98C100C101C103C102C104C106C107C109C110C111C112C113C114C115C116C118C117C120C119C121C122C123C125C124C126C127C128C129C132C131C134C133C135C136C138C137C139C140C141C142C145C143C144C147C146C148C150C149C152C153C151C155C154C156C159C158C161C160C165C162C167C166C168C169C171C174C175C177C180C179C183C184C186C187C189C192C194C195C197 Part I Compulsory Purchase under Acquisition of Land Act of 1946

Annotations:
Modifications etc. (not altering text)
C17

Pt. 1 (ss. 1–32) applied (except ss. 4-8, 27, 31) by Airports Act 1986 (c. 31, SIF 9), s. 59(2)(a)

C18

Pt. 1 (ss. 1–32) applied (with modifications) by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 37(4)(5), 38, Sch. 2 paras. 2(2), 15(9), Sch. 5 para. 3(1), 5(1), 8

C19

Pt. 1 (ss. 1–32) applied (with modifications) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), s. 2(2), Sch. 2 Pt. 1I para. 1, Sch. 3 para. 1(8)

C22

Pt. 1 (ss. 1-32) applied (with modifications) (26.7.1991) by S.I. 1991/1760, art. 3(1)(2)

C23

Pt. 1 (ss. 1-32) applied in part (with modifications) (22.10.1991) by Greater Manchester (Light Rapid Transit System) Act 1991 (c. xvi), ss. 3(1)(2), 13, Sch. (with s. 14(3)(e))

C24

Pt. 1 (ss. 1-32) applied in part (with modifications) (13.2.1992) by British Railways Act 1992 (c. i), ss.14(1)(2), 17(6), 20(3)(4), Sch. 2 (with ss. 27, 34)

C25

Pt. 1 (ss. 1-32) applied in part (with modifications) (13.2.1992) by Severn Bridges Act 1992 (c. 3), ss.2(2)(3)(4)(6), Sch. 2 para. 7(7)

C26

Pt. 1 (ss. 1-32) applied in part (with modifications) (16.7.1992) by River Humber (Upper Pyewipe Outfall) Act 1992 (c. xv), ss.3(1)(2), 17(3)(4), Sch. (with ss. 21, 24, 25).

C27

Pt. 1 (ss. 1-32) applied in part (with modifications) (12.11.1992) by Greater Manchester (Light Rapid Transit System) Act 1992 (c. xviii), s. 3(1)(2).

C28

Pt. 1 (ss. 1-32) incorporated in part (with modifications) (18.6.1992) by British Railways (No. 2) Act 1992 (c. xi), ss. 4(1)(2), 27(3)(4), Sch. 3 (with ss. 34, 45)

C44

Pt. 1 (ss. 1-32) applied in part (29.3.1993) by 1993 c. iv, ss. 4(1)(2), 29(2)(3), Sch. 4 (with ss. 36, 41(5), 44(1))

Pt. 1 (ss. 1-32) applied in part (10.11.1993) by Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), s. 162(6); S.I. 1993/2762, art.3

Pt. 1 (ss. 1-32) applied in part (with modifications) (27.7.1993) by 1993 c. xv, ss. 5(1)(2), 27(4), Sch. 4 (with s. 44)

Pt. 1 (ss. 1-32) applied in part (with modifications) (5.11.1993) by Cardiff Bay Barrage Act 1993 (c. 42), ss. 4(2)-(4), 6, Sch. 5 para. 6(2) (with ss. 2, 30(1), Sch. 2 para. 9)

Pt. 1 (ss. 1-32) applied in part (with modifications) (26.5.1994) by 1994 c. vi, s. 3(1)(2)

Pt. 1 (ss. 1-32) applied in part (with modifications) (21.7.1994) by Croydon Tramlink Act 1994 (c. xi), ss. 5(1)(2), 30(3)(4)(a), 31(1), 56(2)(3), Sch. 4

Pt. 1 (ss. 1-32) applied in part (with modifications) (21.7.1994) by Greater Nottingham Light Rapid Transit Act 1994 (c. xv), ss. 5(1)(2), 22(f), 28(3)(4), 44(8), Sch. 5

Pt. 1 (ss. 1-32) applied (1.1.1996) by Merchant Shipping Act 1995 (c. 21), ss. 197(6)(a), 316(2) (with s. 312(1))

Pt. 1 (ss. 1-32) applied in part (with modifications) (28.7.1998) by Tamar Bridge Act 1998 (c. iv), ss. 4(2)-(4), 5(2)-(4), 6(1), 13, Sch.

Pt. 1 (ss. 1-32) applied (with modifications) (13.1.1999) by Tyne and Wear Passenger Transport (Sunderland) Order 1998 (S.I. 1998/3269), arts. 23(1)(2), 24, Sch. 7

C29

Pt. 1 (ss. 1-32) applied (with modifications) (19.2.1999) by S.I. 1999/537, arts. 6(1)(2), 7(2), 11, Sch. 2 paras. 1-8

C30

Pt. 1 (ss. 1-32) applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 15(3), Sch. 5 paras. 3(2), 4-9

C31

Pt. 1 applied in part (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 4 para. 9(1) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Schs. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

C33

Pt. 1 applied (with modifications) (22.7.2005) by Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 26, 34 (with art. 47)

C34

Pt. 1 applied (with modifications) (12.1.2007) by Network Rail (West Coast Main Line) (Stowe Hill) Order 2006 (S.I. 2006/3471), arts. 1, 4

C35

Pt. 1 applied (with modifications) (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 29, 33 (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

C36

Pt. 1 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), ss. 6, 7(5)(7), Sch. 6 paras. 2, 3, 6, 7, 14

C37

Pt. 1 applied in part (with modifications) (29.12.2008) by Network Rail (Thameslink) (Land Acquisition) Order 2008 (S.I. 2008/3163), arts. 1, 4, 11 (with art. 13)

C108

Pt. 1 applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 125, 241(8) (with s. 226); S.I. 2010/101, art. 3(f) (with art. 6)

C40

Pt. 1 applied (with modifications) (1.7.2011) by The Saundersfoot Harbour Empowerment Order 2011 (S.I. 2011/1565), arts. 1(2), 17

C41

Pt. 1 applied in part (15.1.2012) by Localism Act 2011 (c. 20), ss. 207(9), 240(1)(l)

C42

Pt. 1 applied in part by Greater London Authority Act 1999 (c. 29), s. 333ZA(8) (as inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(e) (with arts. 9, 11, 14, 15, 17))

C43

Pt. 1 applied (with modifications) (28.3.2013) by The Network Rail (Seaham Level Crossing) Order 2013 (S.I. 2013/533), arts. 1, 6, 11, 13

C53

Pt. 1 applied (with modifications) (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), art. 1, Sch. 5 para. 3(2)-9 (with arts. 20(6), 30)

C58

Pt. 1 applied (with modifications) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 14 (with art. 24(1)(a))

C59

Pt. 1 applied (with modifications) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 21, Sch. 6 paras. 3(2), 4-9

C61

Pt. 1 applied (with modifications) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), art. 1, Sch. 6 paras. 3(2), 4-9 (with art. 39)

C69

Pt. 1 applied (with modifications) (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), art. 1, Sch. 3 para. 3(2)-9 (with arts. 35, 36)

C70

Pt. 1 applied (with modifications) (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), art. 1, Sch. 7 para. 3(2)-9 (with art. 35)

C71

Pt. 1 applied (with modifications) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), art. 1(2), Sch. 6 para. 3(2)-9 (with arts. 37, 38)

C96

Pt. 1 applied (with modifications) (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), art. 1, Sch. 6 paras. 4, 5 (with arts. 4, 37)

C97

Pt. 1 applied (with modifcations) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 32 (with arts. 43(1), 55-57, Sch. 8 para. 13)

C98

Pt. 1 applied (with modifcations) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), art. 1, Sch. 3 paras. 1, 4-10 (with arts. 55-57, Sch. 8 para. 13)

C100

Pt. 1 applied (with modifications) (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), arts. 1, 27 (with arts. 58, 59)

C103

Pt. 1 applied (with modifications) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), art. 1, Sch. 6 paras. 4, 5 (with arts. 24(8), 33(2))

C102

Pt. 1 applied (with modifications) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 18, 29 (with arts. 24(8), 33(2))

C104

Pt. 1 applied (with modifications) (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 25, Sch. 5 paras. 4, 5

C109

Pt. 1 applied (with modifications) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 19, 28(1)(a) (with art. 31(2))

C115

Pt. 1 applied (with modifications) (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), arts. 1, 24 (with arts. 6, 19(1), 42)

C118

Pt. 1 applied (with modifications) (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), art. 1, Sch. 5 paras. 4, 5 (with arts. 55, 56)

C120

Pt. 1 applied (with modifications) (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), arts. 1, 25

C124

Pt. 1 applied (with modifications) (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 26

C126

Pt. 1 applied (with modifications) (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), arts. 1, 26

C127

Pt. 1 applied (with modifications) (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), art. 1, Sch. 9 paras. 4, 5

C141

Pt. 1 applied (with modifications) (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 29 (with art. 7)

C142

Pt. 1 applied (with modifications) (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), art. 1, Sch. 8 paras. 4, 5 (with art. 7)

C145

Pt. 1 applied (with modifications) (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), art. 1, Sch. 7 paras. 4, 5 (with arts. 51, 57)

C144

Pt. 1 applied (with modifications) (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 32 (with arts. 51, 57)

C146

Pt. 1 applied (with modifications) (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 30

C150

Pt. 1 applied (with modifications) (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), art. 1, Sch. 9 paras. 4, 5 (with art. 37)

C149

Pt. 1 applied (with modifications) (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 29 (with art. 37)

C155

Pt. 1 applied (with modifications) (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), art. 1, Sch. 6 para. 4 (with art. 37)

C154

Pt. 1 applied (with modifications) (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 22 (with art. 37)

C160

Pt. 1 applied (with modifications) (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), arts. 1, 25 (with Sch. 9 para. 144)

Entry on the land

C1C2C3C83C86C85C156C15711C85C88C89C90C93C92C94C95C96C97C98C103C102C104C105C106C109C110C111C112C113C114C118C117C120C119C121C122C123C125C124C126C127C128C129C134C133C135C136C138C137C140C141C142C145C143C144C147C146C148C150C149C152C153C151C155C154C156C159C158C161C160C165C162C167C166C168C169C171C174C180C179 Powers of entry.

C4C5C6C7C8C9C321

If the acquiring authority have served notice to treat in respect of any of the land and have served on the owner, lessee and occupier of that land F21a notice of entry , the acquiring authority may enter on and take possession of that land, or of such part of that land as is specified in the notice F22, after the end of a period specified in the notice ; and then any compensation agreed or awarded for the land of which possession is taken shall carry interest at the rate prescribed under section 32 of the M1Land Compensation Act 1961 from the time of entry until the compensation is paid or is paid into court in accordance with this Act.

Where under this subsection a notice is required to be served on an owner of land, and the land is ecclesiastical property as defined in F1section 12(3) of the Acquisition of Land Act, a like notice shall be served on the F4Diocesan Board of Finance for the diocese in which the land is situated.

In this subsection “owner” has the meaning given by F2section 7(1) of the Acquisition of Land Act.

F181A

A notice of entry under subsection (1) must specify the period after the end of which the acquiring authority may enter on and take possession of the land to which the notice relates.

1B

The period specified in a notice of entry under subsection (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 it is a notice to which section 11A(4) or paragraph 13 of Schedule 2A applies.

F191C

A notice of entry under subsection (1) must explain the effect of section 11B (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.

F201D

An acquiring authority may extend the period specified in a notice of entry under subsection (1) by agreement with each person on whom it was served.

1E

A reference in this Act to the period specified in a notice of entry under subsection (1) is to the period as extended by any agreement under subsection (1D).

2

F14...

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C10C11C39C46C48C54C72C75C77C84C91C99C130C164C163C170C1813

For the purpose of F13surveying, valuing or taking levels of any of the land subject to compulsory purchase, of probing or boring to ascertain the nature of the soil and of setting out the line of the works, the acquiring authority, after giving not less than three nor more than fourteen days’ notice to the owners or occupiers of that land, may enter on that land, but the acquiring authority shall make compensation for any damage thereby occasioned to the owners or occupiers of the land, and any question of disputed compensation under this subsection shall be referred to the F10Upper Tribunal.

4

Except as provided by the foregoing provisions of this section, the acquiring authority shall not, except with the consent of the owners and occupiers, enter on any of the land subject to compulsory purchase until the compensation payable for the respective interests in that land has been agreed or awarded, and has been paid to the persons having those interests or has been paid into court in accordance with this Act.

C8011AC85C88C89C90C93C92C94C95C96C97C98C100C101C103C102C104C105C106C109C110C111C112C113C114C118C117C120C119C121C122C123C125C124C126C127C128C129C134C133C135C136C138C137C140C141C142C145C143C144C147C146C148C150C149C152C153C151C155C154C156C159C158C161C160C165C162C167C166C168C169C171C174F16Powers of entry: further notices of entry

1

This section applies where—

a

an acquiring authority have given a notice of entry under section 11(1) but have not yet entered on and taken possession of the land, and

b

the authority become aware of an owner, lessee or occupier (“the newly identified person”) to whom they ought to have given a notice to treat under section 5(1) but have not.

2

Any notice of entry already served under section 11(1) remains valid, but the authority may not enter on and take possession of the land unless they serve on the newly identified person—

a

a notice to treat under section 5(1), and

b

a notice of entry under section 11(1).

3

Subsection (4) applies for the purpose of determining the period to be specified in the notice of entry under section 11(1) served on the newly identified person if—

a

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

b

the person is not an occupier of the land.

4

The period specified in the notice 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 of entry given by the acquiring authority in respect of the land.

C8111BC85C88C89C90C93C92C94C95C96C97C98C100C101C103C102C104C105C106C109C110C111C112C113C114C118C117C120C119C121C122C123C125C124C126C127C128C129C134C133C135C136C138C137C140C141C142C145C143C144C147C146C148C150C149C152C153C151C155C154C156C159C158C161C160C165C162C167C166C168C169C171C174F17Counter-notice requiring possession to be taken on specified date

1

Where an acquiring authority serve a notice of entry under section 11(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.

2

If the occupier gives up possession of the land on or before the specified date the acquiring authority are 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 of entry under section 11(1), and

b

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

4

A counter-notice under subsection (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 subsection (1) has no effect if it would require an acquiring authority to take possession of land at a time when section 11A or paragraph 6 of Schedule 2A prohibit the authority from entering on and taking possession of the land.

6

If subsection (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 of entry as mentioned in section 11A(2)(b), of the date after which the authority could enter on and take possession of the land.

7

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

8

Where a notice of entry under section 11(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.

C87C8512C85C88C89C90C93C92C94C95C96C97C98C100C101C103C102C104C105C106C109C110C111C112C113C114C118C117C120C119C121C122C123C125C124C126C127C128C129C134C133C135C136C138C137C140C141C142C145C143C144C147C146C148C150C149C152C153C151C155C154C156C159C158C161C160C165C162C167C166C168C169C171C174 Unauthorised entry. C12

1

If the acquiring authority, or any of their contractors, wilfully enter on and take possession of any of the land subject to compulsory purchase in contravention of subsection (4) of the last foregoing section, the acquiring authority shall forfeit to the person in possession of that land the sum of ten pounds in addition to the amount of any damage done to the land by entering and taking possession.

2

The said sum of ten pounds, and the amount of any such damage, shall be recoverable summarily as a civil debt.

C133

An appeal shall lie to a court of quarter sessions against an order of a magistrates’ court adjudging a sum to be forfeited under the foregoing provisions of this section.

4

If, after a sum has been adjudged to be forfeited under this section, the acquiring authority, or their contractors, remain in unlawful possession of any of the land the acquiring authority shall be liable to forfeit the sum of twenty-five pounds for every day on which they so remain in possession.

5

A sum forfeited under the last foregoing subsection shall be recoverable by the person in possession of that land in the High Court, and in any such proceedings the decision of the magistrates’ court shall not be conclusive as to the acquiring authority’s right of entry.

6

This section shall not subject the acquiring authority to the payment of a penalty if they have in good faith and without collusion paid the compensation agreed or awarded in respect of the land to a person whom they reasonably believed to be entitled to the compensation, or have paid it into court for the benefit of the person entitled to the land F15... although such person may not have been legally entitled thereto.

C172C174C173C175C176C177C178C182C180C179C183C185C184C186C187C188C190C189C192C191C193C194C196C195C198C19713C174C175C177C180C179C183C184C186C187C189C192C194C195C197 Refusal to give possession to acquiring authority.

1

If the acquiring authority are under this Act authorised to enter on and take possession of any land, and the owner or occupier of any of that land, or any other person, refuses to give up possession of it, or hinders the acquiring authority from entering on or taking possession of it, the acquiring authority may issue their warrant to F6—

a

the sheriff, or

b

the enforcement officer,

to deliver possession of it to the person appointed in the warrant to receive it.

2

On receipt of the warrant F7the person to whom it is issued shall deliver possession of any such land accordingly.

F52A

If, by virtue of paragraph 3A of Schedule 7 to the Courts Act 2003, the warrant is issued to two or more persons collectively, the duty in subsection (2) of this section shall apply to the person to whom the warrant is allocated in accordance with the approved arrangements mentioned in that Schedule.

3

The costs accruing by reason of the issue and execution of the warrant, to be settled by F8the person executing the warrant, shall be paid by the person refusing to give possession, and the amount of those costs shall be deducted and retained by the acquiring authority from the compensation, if any, payable by them to that person.

4

If no compensation is payable to the person refusing to give possession, or if it is less than the amount of the costs, that amount or the amount by which the costs exceed the compensation, if not paid on demand, shall be F11recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), and on application to any justice of the peace for that purpose he shall issue his warrant accordingly.

F125

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In this sectionF9—

  • "the enforcement officer", in relation to a warrant to deliver possession of land under this section, means the officer or officers identified for that purpose in paragraph 3A of Schedule 7 to the Courts Act 2003, and

  • “sheriff” includes an under sheriff or other legally competent deputy, and means the sheriff for the area where the land is situated, or if land in one ownership is not situated wholly in one such area the sheriff for the area where any part of the land is situated.