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Compulsory Purchase Act 1965

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This is the original version (as it was originally enacted).

Supplemental

22Interests omitted from purchase

(1)If after the acquiring authority have entered on any of the land subject to compulsory purchase it appears that they have through mistake or inadvertence failed or omitted duly to purchase or to pay compensation for any estate, right or interest in or charge affecting that land the acquiring authority shall remain in undisturbed possession of the land provided that within the time limited by this section—

(a)they purchase or pay compensation for the estate, right or interest in or charge affecting the land, and

(b)they also pay to any person who may establish a right to it, full compensation for the mesne profits,

and the compensation shall be agreed or awarded and paid (whether to claimants or into court) in the manner in which, under this Act, it would have been agreed or awarded and paid if the acquiring authority had purchased the estate, right, interest or charge before entering on the land, or as near to that manner as circumstances admit.

(2)The foregoing subsection shall apply whether or not the period specified in section 4 of this Act has expired.

(3)The time limited by this section shall be six months after the acquiring authority have notice of the estate, right, interest or charge or, if it is disputed by the acquiring authority, six months after the right to the estate, right, interest or charge is finally established by law in favour of the claimant.

(4)In assessing compensation under this section the value of the land, and of any estate or interest in the land, or any mesne profits of the land, shall be taken to be the value at the time when the acquiring authority entered on the land, and without regard to any improvements or works made in or upon the land by the acquiring authority, and as though the works had not been constructed.

(5)In this section the " mesne profits" means the mesne profits or interest which would have accrued to the persons concerned during the interval between the entry of the acquiring authority and the time when the compensation is paid, so far as such mesne profits or interest may be recoverable in any proceedings.

23Costs of conveyances, etc.

(1)The costs of all conveyances of the land subject to compulsory purchase shall be borne by the acquiring authority.

(2)The costs shall include all charges and expenses, whether incurred on the part of the seller or on the part of the purchaser,—

(a)of all conveyances and assurances of any of the land, and of any outstanding terms or interests in the land, and

(b)of deducing, evidencing and verifying the title to the land, terms or interests, and

(c)of making out and furnishing such abstracts and attested copies as the acquiring authority may require,

and all other reasonable expenses incident to the investigation, deduction and verification of the title.

(3)If the acquiring authority and the person entitled to any such costs do not agree as to the amount of the costs, the costs shall be taxed by a Master of the Supreme Court on an order of the court obtained by either of the parties.

(4)The acquiring authority shall pay what the Master certifies to be due in respect of the costs to the person entitled and, in default, that amount may be recovered in the same way as any other costs payable under an order of the Supreme Court.

(5)The expense of taxing the costs shall be borne by the acquiring authority unless on the taxation one-sixth of the amount of the costs is disallowed, and in that case the costs of the taxation shall be borne by the party whose costs have been taxed; and the amount thereof shall be ascertained by the Master and deducted by him accordingly in his certificate of taxation.

(6)Conveyances of the land subject to compulsory purchase may be according to the forms in Schedule 5 to this Act, or as near thereto as the circumstances of the case will admit, or by deed in any other form which the acquiring authority may think fit. All conveyances made according to the forms in the said Schedule, or as near thereto as the circumstances of the case may admit, shall be effectual to vest the land thereby conveyed in the acquiring authority and shall operate to bar and to destroy all estates, rights, titles, remainders, reversions, limitations, trusts and interests whatsoever of and in the land comprised in the conveyance which have been purchased or compensated for by the consideration mentioned in the conveyance.

24Power to sell in consideration of a rentcharge

(1)It shall be lawful for—

(a)a person having an estate in fee simple in the land, or entitled to dispose absolutely for his own benefit of the land, or

(b)a person who would have no power to sell or convey but for the provisions of Schedule 1 to this Act,

to sell and convey any of the land subject to compulsory purchase to the acquiring authority in consideration of an annual rentcharge payable by the acquiring authority.

(2)The annual rent so payable shall be secured in such manner as may be agreed between the parties, and shall be payable by the acquiring authority as the rent becomes due.

(3)If at any time any such rent is not paid within thirty days after it becomes due, and after demand in writing, the person to whom the rent is payable may either recover it from the acquiring authority by proceedings in the High Court or he may levy it by distress and sale of the goods and chattels of the acquiring authority. Where distress is so levied, any balance remaining after satisfying the amount due, and the expenses of the distress and sale, shall be returned, on demand, to the acquiring authority.

(4)On a sale under subsection (1)(b) of this section paragraph 5 of Schedule 1 to this Act shall apply.

(5)If the acquiring authority are empowered by any Act relating to the undertaking and passed after 20th August 1860 (the date of passing of the Lands Clauses Consolidation Acts Amendment Act 1860) to borrow money to an amount not exceeding a prescribed sum, then in the event of the acquiring authority agreeing with any person under the powers of this Act for the purchase of any land in consideration of a payment of a rentcharge, the powers of the acquiring authority for borrowing money shall be reduced by an amount equal to twenty years purchase of any rent charged for the time being payable.

(6)The provisions of this section are without prejudice to section 39(2) of the Settled Land Act 1925 or any other enactment under which a sale may be made in consideration of a rentcharge.

25Payment into court

(1)References in this Act to payment of money into court are references to payment of the money into the Supreme Court and section 4 of the Administration of Justice Act 1965 (which prescribes the method of payment into court) shall apply accordingly.

(2)Where any money paid into court under this Act was paid in respect of any lease, or any estate in land less than the whole fee simple, or of any reversion dependent on any such lease or estate, the High Court on the application of any person interested in the money may order that the money shall be laid out, invested, accumulated and paid in such manner as the court may consider will give to the persons interested in the money the same benefit as they might lawfully have had from the lease, estate or reversion or as near thereto as may be.

(3)If any question arises respecting the title to land in respect of which money has been paid into court under this Act, the persons respectively in possession of the land, as being the owners, or in receipt of the rents of the land, as being entitled to the rents at the time when the land was purchased, shall be deemed to have been lawfully entitled to the land until the contrary is shown to the satisfaction of the court; and unless the contrary is shown to the satisfaction of the court the persons so in possession, and all persons claiming under them, or consistently with their possession, shall be deemed to be entitled to the money so paid into court, and to the interest and dividends of it or of the securities purchased therewith; and the money, dividends, interest and annual proceeds shall be paid and applied accordingly.

(4)Before Schedule 1 to the Administration of Justice Act 1965 comes into force, subsection (1) of this section shall not apply, but any money to be paid into court under this Act shall be paid into the Bank of England in the name of the Accountant General of the Supreme Court and placed to his account and when deposited shall be subject to the control and disposition of the High Court.

26Costs in respect of money paid into court

(1)This section shall apply in relation to any compensation paid into court under this Act except where it was so paid in consequence—

(a)of the wilful refusal of the person entitled to accept it, or

(b)of the wilful refusal of that person to convey the land in respect of which the compensation was payable, or

(c)of the wilful neglect of any person to make out a good title to the land.

(2)Where this section applies the High Court may order the acquiring authority to pay—

(a)the costs of, or incurred in consequence of, the purchase of the land, and

(b)the cost of the investment of the compensation paid into court, or of its reinvestment in the purchase of other land.

(3)References in this section to costs include references to all reasonable charges and expenses incidental to the matters mentioned in this section and to—

(a)the cost of obtaining the proper orders for any of the purposes set out above,

(b)the cost of obtaining the orders for the payment of dividends out of the compensation,

(c)the cost of obtaining the orders for the payment out of court of the principal amount of the compensation, or of any securities in which it is invested, and

(d)the cost of all proceedings relating to such orders, except such as are occasioned by litigation between adverse claimants.

(4)The costs of not more than one application for reinvestment in land shall be allowed unless it appears to the High Court that it is for the benefit of the parties interested in the compensation that it should be invested in the purchase of land in different sums and at different times.

27Acquiring authority to make good deficiencies in rates

(1)This section shall not apply—

(a)in any case in which the compulsory purchase order so provides; or

(b)where this Part of this Act applies to an acquisition of land under the Housing Act 1957.

(2)When the acquiring authority becomes possessed by virtue of this Act of any land which is liable to be assessed to rates, they shall from time to time, until the works are completed and assessed to rates, be liable to make good the deficiency in the several assessments for rates by reason of the land having been taken or used for the purposes of the works.

(3)Subject to the next following subsection, the deficiency shall be computed according to the rental at which the land, with any building thereon, was valued or rated at the time when the compulsory purchase order became operative.

(4)If the land is situated in a rating area which is a county borough, non-county borough or urban district or a rating area in Greater London, the amount required to be made good by the acquiring authority shall be one half of the deficiency in the several assessments to rates.

(5)The assessment on which any payment made by the acquiring authority under this section is based shall be inserted in the valuation list and any such payments shall be taken into account for the purpose of ascertaining the proceeds of any rate.

(6)The acquiring authority shall on demand pay all such deficiencies to the collector.

(7)In this section "rate" means the general rate and, in relation to the City of London includes a reference to a poor rate and, in relation to the Temples, shall be construed as a reference to any rate in the nature of a general rate levied for the Inner Temple or the Middle Temple, as the case may be.

28General provisions as to deeds poll

(1)Any deed poll executed by the acquiring authority in accordance with this Act shall be under their common seal or official seal.

(2)Any such deed poll shall be stamped with the stamp duty which would have been payable upon a conveyance to the acquiring authority of the land described therein, or otherwise duly stamped.

(3)The provisions of this Act as to the execution of deeds poll have effect subject to section 7(4) of the Law of Property Act 1925 (under which any such power of disposing of a legal estate exercisable by a person who is not the estate owner is, when practicable, to be exercised in the name and on behalf of the estate owner).

29Irregularities in proceedings under the Act

(1)No distress levied under this Act shall be deemed unlawful, nor shall the person making the distress be deemed a trespasser on account of any defect or want of form in the warrant of distress or other proceedings relating to the distress; and the person making the distress shall not be deemed a trespasser ab initio on account of any irregularity afterwards committed by him so, however, that any person aggrieved by any defect or irregularity may recover full satisfaction for the special damage in civil proceedings.

(2)If any person has committed any irregularity, trespass or other wrongful proceeding in the execution of this Act, or by virtue of any power or authority thereby given, and if, before proceedings are brought in respect of the wrongful proceeding, that person makes tender of sufficient amends to the party injured, the party injured shall not be entitled to recover anything in those proceedings.

30Service of notices

(1)Notices required to be served by the acquiring authority on any person interested in or entitled to sell any of the land—

(a)shall be served personally, or left at his last usual place of abode, or

(b)if he is absent from the United Kingdom or cannot be found after diligent inquiry has been made, may be left with the occupier of the land or, if there is no occupier, shall be affixed upon some conspicuous part of the land.

(2)If any such person is a body corporate the notice shall be left at the principal office of the body corporate or, if no office can after diligent inquiry be found, shall be served on some principal member of the body corporate, and such notice shall also be left with the occupier of the land or, if there is no occupier, shall be affixed upon some conspicuous part of the land.

(3)Paragraph 19 of Schedule 1 to the Act of 1946 shall apply to the service of notices under section 11(1) of this Act and, notwithstanding anything in subsection (1) of this section, notices required to be served by the acquiring authority under any other provision of this Act may be served and addressed in the manner specified in that paragraph.

(4)A summons or notice, or writ or other legal proceeding, required to be served on the acquiring authority may be served by being left at, or sent by post addressed to, the principal office, or any of the principal offices, of the acquiring authority.

31Ecclesiastical property

Any sums agreed or awarded for the purchase of land being ecclesiastical property as defined in paragraph 3 of Schedule 1 to the Act of 1946, or to be paid by way of compensation for damage sustained by reason of severance or injury affecting such land, shall not be paid as directed by the other provisions of this Act, but shall be paid to the Church Commissioners to be applied for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale.

32Commencement of Part I

This Part of this Act shall not apply in relation to a compulsory purchase order confirmed under Part I of Schedule 1 to the Act of 1946, or made under Part II of that Schedule, before the commencement of this Act.

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