PART ICompulsory Purchase under Acquisition of Land Act of 1946

Preliminary

1Application of Part I, and interpretation

(1)This Part of this Act shall apply in relation to any compulsory purchase to which the provisions of Schedule 1 to the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946 (in this Act referred to as " the Act of 1946 ") apply.

(2)In construing this Part of this Act the enactment under which the purchase is authorised and the compulsory purchase order under the Act of 1946 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 under the Act of 1946 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 Part V of the [1962 c. 38.] Town and Country Planning Act 1962 references in this Part of this Act to the execution of the works shall be construed in accordance with section 86(6) of that Act.

(5)A justice of the peace may act under this Act in relation to land which is partly in one area, and partly in another, if he may act as respects land in either area, but no justice of the peace shall act under this Act if he is interested in the matter.

(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.