- Latest available (Revised)
- Point in Time (21/10/2014)
- Original (As enacted)
Version Superseded: 29/10/2014
Point in time view as at 21/10/2014. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Compulsory Purchase Act 1965. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 [F1—
(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 [F2the person to whom it is issued] shall deliver possession of any such land accordingly.
[F3(2A)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 [F4the 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 [F5recovered 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.
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In this section[F7—
"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.
Textual Amendments
F1Words in s. 13(1) substituted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 139(5), 148; S.I. 2007/2709, art. 5(a)
F2Words in s. 13(2) substituted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 139(6), 148; S.I. 2007/2709, art. 5(a)
F3S. 13(2A) inserted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 139(7), 148; S.I. 2007/2709, art. 5(a)
F4Words in s. 13(3) substituted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 139(8), 148; S.I. 2007/2709, art. 5(a)
F5Words in s. 13(4) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 28(2) (with s. 89); S.I. 2014/768, art. 2(1)(b)
F6S. 13(5) repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 28(3), Sch. 23 Pt. 3 (with s. 89); S.I. 2014/768, art. 2(1)(b)
F7Words in s. 13(6) inserted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 139(9), 148; S.I. 2007/2709, art. 5(a)
Modifications etc. (not altering text)
C1S. 13 saved by Rent Act 1965 (c. 75), s. 35(4) and Caravan Sites Act 1968 (c. 52), s. 5(3)
S. 13 applied (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))
S. 13 modified (24.12.1999) by S.I. 2000/428, art. 13, Sch. 3 para. 7
C2S. 13 applied (2.4.2004) by Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 1, 30(14) (with art. 30(9))
C3S. 13 applied (with modifications) (11.2.2005) by Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 37(11) (with arts. 65, 66)
C4S. 13 applied (11.2.2005) by Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 36(11) (with arts. 65, 66)
C5S. 13 applied (25.11.2005) by Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 30(10) (with arts. 3(5), 15(3))
C6S. 13 applied (22.11.2006) by Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 1, 27(10), 28(10) (with arts. 27(7), 43)
C7S. 13 applied (13.12.2006) by Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 24(11)
C8S. 13 applied (19.3.2007) by Ouseburn Barrage Order 2007 (S.I. 2007/608), arts. 1, 28(10) (with arts. 46-48, Sch. 6 para. 23)
C9S. 13 applied (23.8.2007) by Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), arts. 1, 26(10), 27(10), (with arts. 3(6), 12(3))
C10S. 13 applied (21.5.2008) by Teesport (Land Acquisition) Order 2008 (S.I. 2008/1238), arts. 1(1), 6(10)
C11S. 13 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 5 para. 6
C12S. 13 applied (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2013 (S.I. 2013/680), arts. 25(10), 26(10)
C13S. 13 applied (28.3.2013) by The Network Rail (Seaham Level Crossing) Order 2013 (S.I. 2013/533), arts. 1, 8(9)
S. 13 applied (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 35(11), 36(10)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: