Compulsory Purchase Act 1965

1 Application of Part I and interpretation E+W

[F1 (1) This Part of this Act shall apply in relation to any compulsory purchase to which Part II of the Acquisition of Land Act 1981, or Schedule 1 to that Act, applies, and in this Part of this Act—

(a) “the Acquisition of Land Act” means that Act,

(b) “compulsory purchase order” has the same meaning as in that Act. ]

(2) In construing this Part of this Act the enactment under which the purchase is authorised and the compulsory purchase order F2 ... shall be deemed to be the special Act.

(3) In this Part of this Act, unless the context otherwise requires.—

• “acquiring authority” means the person authorised by the compulsory purchase order F2 ... to purchase the land;

• “land” includes anything falling within any definition of that expression in the enactment under which the purchase is authorised;

• “lease” includes an agreement for a lease;

• “notice to treat” has the meaning given by section 5 of this Act;

• “subject to compulsory purchase”, in relation to land, means land the compulsory purchase of which is authorised by the compulsory purchase order.

(4) In this Part of this Act “the works" or “the undertaking” means the works or undertaking, of whatever nature, authorised to be executed by the special Act.

Provided that where this Part of this Act applies by virtue of [F3 Part IX of the Town and Country Planning Act 1990 or section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990] references in this Part of this Act to the execution of the works shall be construed in accordance with [F4 section 245(4) of the Town and Country Planning Act 1990 or, as the case may be, section 52(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990].

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where under this Act any notice is to be given to the owner of any land or where any act is authorised or required to be done with the consent of any such owner, the word “owner" shall, unless the context otherwise requires, mean any person having power to sell and convey the land to the acquiring authority.

Textual Amendments

F1 S. 1(1) substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 14(2)

F2 Words repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 6 Pt. 1

F3 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 13(1)(a)

F4 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 13(1)(b)

F5 S. 1(5) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 124, Sch. 10; S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C1 S. 1 applied (with modifications) (15.11.2017) by The Network Rail (Summerway Overbridge) Order 2017 (S.I. 2017/1027), arts. 1, 5

C2 S. 1 applied (with modifications) (4.1.2018) by The Network Rail (Streat Green Underbridge) (Temporary Land Acquisition) Order 2017 (S.I. 2017/1302), arts. 1, 4

C3 S. 1(3) amended by Places of Worship (Enfranchisement) Act 1920 (c. 56), s. 2 as now amended by Leasehold Reform Act 1967 (c. 88), s. 40(4), Sch. 6