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Compulsory Purchase Act 1965

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This is the original version (as it was originally enacted).

34Compulsory purchase orders under Part III of Housing Act 1957

(1)Subject to this section Part I of this Act shall apply in relation to a compulsory purchase order under Part III of the Housing Act 1957 (clearance and redevelopment) as it applies in relation to a compulsory purchase order under the Act of 1946, and in the said Part I as so applied the " special Act" means the Housing Act 1957, together with the order.

(2)Section 8(1) of this Act shall not apply to any such order, but no person shall at any time be required to sell or convey to the acquiring authority a part only of any house or any building or manufactory if that person is willing and able to sell and convey the whole:

Provided that in the case of an order under section 43 or section 51 of the Housing Act 1957, the Lands Tribunal may determine that such part of any house, building or manufactory as is proposed to be taken by the acquiring authority can be taken without material damage to the house, building or manufactory and, if they so determine, may award compensation in respect of the severance of the part so proposed to be taken in addition to the value of that part. Where they so determine, the party interested shall be required to sell and convey to the acquiring authority that part of the house, building or manufactory.

(3)In section 11(1) of this Act as applied by this section for the reference to service of notice on the owner, lessee and occupier of the land there shall be substituted a reference to the service of notice on the owner (as defined in the Housing Act 1957) and occupier of the land.

(4)Where any land to which the compulsory purchase order relates is glebe land or any other land belonging to an ecclesiastical benefice the compulsory purchase order shall provide that sums agreed or awarded for the purchase of the land, or to be paid by way of compensation for damage to be sustained by the owner by reason of severance or injury affecting the land, shall not be paid as directed by this Act, but shall be paid to the Church Commissioners to be applied by them as money paid to them upon a sale, under the provisions of the Ecclesiastical Leasing Acts, of land belonging to a benefice. This subsection shall have effect in substitution for section 31 of this Act.

(5)All notices required to be served by the acquiring authority may, notwithstanding anything in section 30(1) of this Act, be served and addressed in the manner prescribed by paragraph 2(2) of Schedule 3 to the Housing Act 1957 or by section 169 of that Act in relation to notices required to be served by or under that Act; and section 30(3) of this Act shall not apply.

(6)Part I of this Act as applied by this section shall not apply in relation to an order confirmed before the commencement of this Act.

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