SCHEDULES
SCHEDULE 4Acquisition of Land within Limits Shown on Deposited Plans
Part IIApplication of Legislation Relating to Compulsory Purchase
Lands Clauses Consolidation Act 1845
1
The [1845 c. 18.] Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under section 4(1) above.
Compulsory Purchase Act 1965
2
Part I of the [1965 c. 56.] Compulsory Purchase Act 1965, so far as not inconsistent with this Part of this Act, shall apply to an acquisition of land under section 4(1) above as it applies to a compulsory purchase to which Schedule 1 to the [1981 c. 67.] Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under that Act.
3
1
In its application by virtue of paragraph 2 above, the Compulsory Purchase Act 1965 shall have effect with the following modifications.
2
Section 4 (time limit for exercise of powers of compulsory purchase) shall be omitted.
3
Section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than fourteen days' notice) shall have effect—
a
in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, with the substitution for “fourteen days” of “one month's”, and
b
in any other case, with the substitution for “fourteen days” of “three months”.
4
In Schedule 3 (alternative procedure for obtaining right of entry) paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.
Compulsory Purchase (Vesting Declarations) Act 1981
4
The [1981 c. 66.] Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Act were a compulsory purchase order.
5
1
In its application by virtue of paragraph 4 above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.
2
In section 3 (preliminary notices) for subsection (1) there shall be substituted—
1
Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is—
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and
b
published in the London Gazette.
3
In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)”.
4
In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted—
7
For the purposes of this section, a person has a relevant interest in land if—
a
he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or
b
he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
5
In section 5 (earliest date for execution of declaration)—
a
in subsection (1), after “publication” there shall be inserted “in the London Gazette”, and
b
subsection (2) shall be omitted.
6
In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the [1981 c. 67.] Acquisition of Land Act 1981)” shall be omitted.
7
References to the [1965 c. 56.] Compulsory Purchase Act 1965 shall be construed as references to that Act as applied to the acquisition of land under section 4(1) above.