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Forestry Act 1967

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SCHEDULE 5E+W+S Compulsory Purchase

Part IE+W+S Procedure for making Compulsory Purchase Orders

1E+W+SA compulsory purchase order shall describe by reference to a map the land to which it applies.

2(1)Before making a compulsory purchase order, the Minister [F1or, as the case may be, the Scottish Ministers] shall—E+W+S

(a)publish in one or more newspapers circulating in the locality in which the land to which the order relates is situated a notice stating that a compulsory purchase order is proposed to be made; and

(b)serve a copy of the notice in such manner as he thinks fit on [F2every person who is an owner, lessee, tenant (whatever the tenancy period) or occupier] of any land to which the order relates.

[F3(1A)Before making a compulsory purchase order the Scottish Ministers shall give notice of their intention in that regard to—

(a)the holder of any personal real burden affecting the land to which the order relates if registration of the conveyance in implement of the order would vary or extinguish the title condition in question;

(b)the owner of any land which is a benefited property (as defined by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9)) in relation to any land comprised in the order if such registration would vary or extinguish the title condition in question; and

(c)the owners' association of the development in question if a development management scheme applies as respects any land comprised in the order and registration of the conveyance in implement of the order would disapply that scheme.

(1B)Notice under sub-paragraph (1A)(a) or (b) above may be given—

(a)by sending (that expression being construed in accordance with section 124 of the said Act of 2003 and as if what was being done was being done under that Act);

(b)by advertisement;

(c)by affixing a conspicuous notice to the burdened property and to—

(i)in a case where there exists one, and only one, lamp post which is situated within one hundred metres of that property, that lamp post; or

(ii)in a case where there exists more than one lamp post so situated, each of at least two such lamp posts; or

(d)by such other means as the Scottish Ministers think fit,

and service of notice under sub-paragraph (1A)(c) above shall be by sending (as so construed) or by such other means as the Scottish Ministers think fit.

(1C)Subsections (6) and (7) of section 21 of the said Act of 2003 apply in relation to affixing, and to a notice affixed, under sub-paragraph (1B)(c) above as they apply in relation to affixing, and to a notice affixed, under subsection (2)(b) of that section (the reference in paragraph (a)(ii) of the said subsection (6) to the date specified in the notice as the renewal date being construed as a reference to the last day of the period specified in the notice given under paragraph 2(1)(b) above).]

(2)Section 30 of this Act applies to the service of a notice under sub-paragraph (1)(b) above as it applies to the service of documents under Part II of this Act.

(3)A notice under sub-paragraph (1) above shall—

(a)describe the land,

(b)name the place where a copy of a draft of the compulsory purchase order and of the map referred to therein may be seen at all reasonable hours, and

(c)specify the time (not less than twenty-eight days from the date of the publication of the notice) within which, and the manner in which, objections to the order may be made.

Textual Amendments

F1Words in Sch. 5 para. 2(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(41)(a)

F3Sch. 5 para. 2(1A)-(1C) inserted (S.) (1.11.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 110(2), 129(4) (with ss. 119, 121); S.S.I. 2003/454, art. 2(1)

3(1)If no objection is duly made by any of the persons on whom notices are required to be served, or by any other person appearing to the Minister [F4or, as the case may be, the Scottish Ministers] to be affected, or if all objections so made are withdrawn, the Minister may, if he thinks fit [F5and the Scottish Ministers may if they think fit] (but subject to sub-paragraph (3) below), make the order, either with or without modifications.E+W+S

(2)[F6Subject to paragraph 6B below,] in any other case the Minister [F7or the Scottish Ministers] shall, before making the order, cause a local inquiry to be held and shall consider any objections not withdrawn and the report of the person who held the inquiry, and may then, if he thinks fit (but subject to sub-paragraph (3) below), make the order, either with or without modifications.

(3)An order made by the Minister [F7or the Scottish Ministers] with modifications shall not, unless all persons interested consent, authorise him to purchase compulsorily any land which the order would not have authorised him so to purchase if it had been made without modifications.

Textual Amendments

F4Words in Sch. 5 para. 3(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(41)(a)

F5Words in Sch. 5 para. 3(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(41)(b)

F6Words in Sch. 5 para. 3(2) inserted (S.) (1.11.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 110(3), 129(4) (with ss. 119, 121); S.S.I. 2003/454, art. 2(1)

F7Words in Sch. 5 para. 3(2)(3) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 41(c)

4E+W+SSubject to paragraph 5 [F8paragraphs 5 and 6B] below, where objection to a compulsory purchase order is duly made by a person mentioned in paragraph 3(1) above and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure and the M1M2Statutory Orders (Special Procedure) Acts 1945 and 1965 shall have effect accordingly.

Textual Amendments

F8Words in Sch. 5 para. 4 inserted (S.) (1.11.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 110(3), 129(4) (with ss. 119, 121); S.S.I. 2003/454, art. 2(1)

Modifications etc. (not altering text)

Marginal Citations

5E+W+SIf an objection appears to the Minister [F9or, as the case may be, the Scottish Ministers] to relate exclusively to matters which can be dealt with by the tribunal by whom the compensation for the compulsory purchase would be assessed, the Minister [F9or, as the case may be, the Scottish Ministers] may disregard the objection for the purposes of paragraph 3 above, and may (whether he disregards it for those purposes or not) direct that it shall be disregarded for the purposes of paragraph 4 above.

Textual Amendments

F9Words in Sch. 5 para. 5 inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(41)(a)

6E+W+S[F10Subject to paragraph 6B below,]An inquiry in relation to a compulsory purchase order affecting land in Scotland, being an order which becomes subject to special parliamentary procedure, shall, if the Minister so directs, be held by Commissioners under the M3Private Legislation Procedure (Scotland) Act 1936; and, where any direction has been so given,—

(a)it shall be deemed to have been given under section 2, as read with section 10, of the Statutory Orders (Special Procedure) Act 1945;

(b)the provisions of section 2(1) of that Act with regard to advertisement of notice shall be deemed to have been complied with.

Textual Amendments

Marginal Citations

[F116AE+W+SThe Scottish Ministers may require an objector to state in writing whether he objects—

(a)as a person with title to enforce a title condition and if he does so object then in that statement to—

(i)identify the benefited property and burdened property;

(ii)identify the title condition (either by setting it out in full or by identifying the constitutive deed, saying where it is registered and giving the date of registration); and

(iii)describe his connection with the benefited property.

(b)as owners' association and if he does so object then in that statement to identify—

(i)the development; and

(ii)the development management scheme (by identifying the deed of application, saying where it is registered and giving the date of registration).

6BE+W+SIf in compliance with paragraph 6A above an objector states that he objects as mentioned in sub-paragraph (a) or (b) of that paragraph, paragraphs 3(2), 4 and 6 above shall not apply as respects that objection provided that the Scottish Ministers give him a written undertaking that any conveyance in implement of the acquisition will provide—

(a)where the objector is as mentioned in paragraph 6A(a) above, that the title condition in question is not varied or extinguished in respect of the enforcement rights of that person, any such undertaking—

(i)identifying the benefited property (if any) and burdened property;

(ii)identifying the order; and

(iii)setting out the manner in which the conveyance will fulfil the undertaking; or

(b)where the objector is as mentioned in paragraph 6A(b) above, that the development management scheme will not be disapplied, any such undertaking—

(i)identifying the development;

(ii)identifying the order; and

(iii)setting out the manner in which the conveyance will fulfil the undertaking.

6CE+W+SThe effect, under subsection (1) of section 106 of the Title Conditions (Scotland) Act 2003 (asp 9) (extinction of real burdens and servitudes etc. on compulsory acquisition of land), of registering the conveyance after an undertaking given under paragraph 6B above has been registered against the burdened property, or as the case may be against the units of the development, shall be subject to the terms of the undertaking irrespective of the terms of the conveyance.

6DE+W+SIn this Part, “title condition”, “development management scheme” and “personal real burden” have the same meanings as in that Act; and in paragraphs 6B and 6C above, “conveyance” has the same meaning as in section 106(5) of that Act.]

Part IIE+W+S Validity and Operation of Compulsory Purchase Orders

7(1)So soon as may be after a compulsory purchase order has been made by the Minister, he shall—E+W+S

(a)publish in one or more newspapers circulating in the locality in which the land to which the order relates is situated a notice stating that the order has been made and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours; and

(b)serve a like notice on every person who made an objection to the order.

(2)Section 30 of this Act applies to the service of a notice under sub-paragraph (1)(b) above as it applies to the service of documents under Part II of this Act.

(3)Where the order is subject to special parliamentary procedure, the notice to be published and served by the Minister under sub-paragraph (1) above shall contain a statement that the order is to be laid before Parliament under the M4M5Statutory Orders (Special Procedure) Acts 1945 and 1965.

8(1)Except where the order is confirmed by Act, if a person aggrieved by the order desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with, he may—E+W+S

(a)in the case of an order to which the Statutory Orders (Special Procedure) Acts 1945 and 1965 apply, within a period of six weeks after the date on which the order becomes operative under those Acts; and

(b)in any other case, within a period of six weeks after the first publication of the notice of the order,

make an application for that purpose to the court.

(2)Where any such application is duly made, the court—

(a)may by interim order suspend the operation of the compulsory purchase order, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and

(b)if satisfied upon the hearing of the application that the order is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order, either generally or in so far as it affects any property of the applicant.

(3)In this paragraph—

  • confirmed by Act” means confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945 or (in relation to Scotland) that section and section 2(4) of the Act as read with section 10 thereof; and

  • the court” means, in relation to England and Wales, the High Court and, in relation to Scotland, the Court of Session.

9E+W+SSubject to the foregoing provisions, the order shall not be questioned by prohibition or certiorari or in any legal proceedings whatsoever either before or after the order is made.

10E+W+SThe order, except where the Statutory Orders (Special Procedure) Acts 1945 and 1965 apply to it, shall become operative at the expiration of six weeks from the date on which notice of it is first published in accordance with the provisions of this Part of this Schedule.

Part IIIE+W+S Procedure for Acquisition of Land by Compulsory Purchase

England and WalesE+W+S

11(1)For the purpose of any acquisition by the Minister of land in England or Wales, where the acquisition is by compulsory purchase, Part I of the M6Compulsory Purchase Act 1965 shall apply subject to and in accordance with the following provisions of this paragraph.E+W+S

(2)In the said Part I as so applied—

(a)the acquiring authority” means the Minister, and

(b)the special Act” means section 39 of this Act and the compulsory purchase order under section 40.

(3)In relation to compulsory purchase under this Act, Part I of the said Act of 1965 shall be modified as follows:—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)—(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F12Para. 11(3)(a)(c)–(e) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. III

F13Sch. 5 para. 11(3)(b) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 7; S.I. 2016/733, reg. 3(j)

Marginal Citations

12E+W+SAs regards land in England or Wales, a compulsory purchase order under this Act may provide that section 77 of the M7Railways Clauses Consolidation Act 1845, and sections 78 to 85 of that Act as originally enacted and not as amended for certain purposes by section 15 of the M8Mines (Working Facilities and Support) Act 1923, shall be incorporated with section 39 of this Act, subject to such adaptations and modifications as may be specified in the order.

Marginal Citations

ScotlandE+W+S

13(1)For the purpose of any acquisition by the Minister of land in Scotland, where the acquisition is by compulsory purchase, the Lands Clauses Acts, except the following enactments in the M9Lands Clauses Consolidation (Scotland) Act 1845, that is to say—E+W+S

  • sections 120 to 125,

  • section 127, and

  • sections 142 and 143,

are hereby incorporated with section 39 of this Act, subject to the modifications and adaptations specified in the following two sub-paragraphs.

(2)In construing the Lands Clauses Acts as incorporated by this paragraph, section 39 of this Act and the compulsory purchase order under section 40 shall be deemed to be the special Act, and references to the promoters of the undertaking shall be construed as references to the Minister.

(3)Notices required to be served by the Minister under any provision of the Lands Clauses Acts as incorporated by this paragraph may, notwithstanding anything in section 18 of the M10Lands Clauses Consolidation (Scotland) Act 1845, be served and addressed in the manner specified in section 30 of this Act.

(4)For the purposes of section 116 of the Lands Clauses Consolidation (Scotland) Act 1845 (which provides that powers of compulsory purchase shall not be exercised after the expiration of the prescribed period) the prescribed period shall be three years from the coming into operation of the compulsory purchase order.

Marginal Citations

14E+W+SAs regards land in Scotland, a compulsory purchase order under this Act may provide that section 70 of the M11Railways Clauses Consolidation (Scotland) Act 1845, and sections 71 to 78 of that Act as originally enacted and not as amended for certain purposes by section 15 of the M12Mines (Working Facilities and Support) Act 1923, shall be incorporated with section 39 of this Act, subject to such adaptations and modifications as may be specified in the order.

Marginal Citations

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