Search Legislation

Housing and Planning Act 2016

Status:

This is the original version (as it was originally enacted).

Possession following notice to treat etc

186Extended notice period for taking possession following notice to treat

(1)The Compulsory Purchase Act 1965 is amended as follows.

(2)In section 11 (powers of entry)—

(a)in subsection (1)—

(i)for “not less than fourteen days notice” substitute “a notice of entry”; and

(ii)after “specified in the notice” insert “, after the end of a period specified in the notice”;

(b)after subsection (1) insert—

(1A)A notice of entry under subsection (1) must specify the period after the end of which the acquiring authority may enter on and take possession of the land to which the notice relates.

(1B)The period specified in a notice of entry under subsection (1) must not end earlier than the end of the period of 3 months beginning with the day on which the notice is served unless it is a notice to which section 11A(4) or paragraph 13 of Schedule 2A applies.

(3)After section 11 insert—

11APowers of entry: further notices of entry

(1)This section applies where—

(a)an acquiring authority have given a notice of entry under section 11(1) but have not yet entered on and taken possession of the land, and

(b)the authority become aware of an owner, lessee or occupier (“the newly identified person”) to whom they ought to have given a notice to treat under section 5(1) but have not.

(2)Any notice of entry already served under section 11(1) remains valid, but the authority may not enter on and take possession of the land unless they serve on the newly identified person—

(a)a notice to treat under section 5(1), and

(b)a notice of entry under section 11(1).

(3)Subsection (4) applies for the purpose of determining the period to be specified in the notice of entry under section 11(1) served on the newly identified person if—

(a)the person is an occupier of the land and the authority were not aware of the person because they were given misleading information when carrying out inquiries under section 5(1), or

(b)the person is not an occupier of the land.

(4)The period specified in the notice must be a period that ends—

(a)no earlier than the end of the period of 14 days beginning with the day on which the notice of entry is served, and

(b)no earlier than the end of the period specified in any previous notice of entry given by the acquiring authority in respect of the land.

187Counter-notice requiring possession to be taken on specified date

(1)The Compulsory Purchase Act 1965 is amended as follows.

(2)In section 11 (powers of entry), after subsection (1B) (inserted by section 186 of this Act), insert—

(1C)A notice of entry under subsection (1) must explain the effect of section 11B (counter-notice requiring possession to be taken on specified date) and give an address at which the acquiring authority may be served with a counter-notice.

(3)After section 11A (inserted by section 186 above) insert—

11BCounter-notice requiring possession to be taken on specified date

(1)Where an acquiring authority serve a notice of entry under section 11(1) on an occupier with an interest in land, the occupier may serve a counter-notice requiring the acquiring authority to take possession of the land by no later than a date specified in the counter-notice.

(2)If the occupier gives up possession of the land on or before the specified date the acquiring authority are to be treated as having taken possession on that date (unless the acquiring authority has in fact taken possession before that date).

(3)The date specified in the counter-notice—

(a)must not be before the end of the period specified in the notice of entry under section 11(1), and

(b)must be at least 28 days after the day on which the counter-notice is served.

(4)A counter-notice under subsection (1) has no effect if the notice to treat relating to the land is withdrawn or ceases to have effect before the date specified in the counter-notice.

(5)A counter-notice under subsection (1) has no effect if it would require an acquiring authority to take possession of land at a time when section 11A or paragraph 6 of Schedule 2A prohibit the authority from entering on and taking possession of the land.

(6)If subsection (5) applies, the authority must notify the occupier who served the counter-notice—

(a)that the counter-notice has no effect, and

(b)if the authority serve a notice of entry as mentioned in section 11A(2)(b), of the date after which the authority could enter on and take possession of the land.

(7)If a counter-notice served under subsection (1) has no effect because of subsection (5), the occupier who served it may serve a further counter-notice.

(8)Where a notice of entry under section 11(1) is served on more than one occupier with the same interest in the land, a reference in this section to the occupier with an interest in land is to all of them acting together.

188Agreement to extend notice period for possession following notice to treat

In section 11 of the Compulsory Purchase Act 1965 (powers of entry), after subsection (1C) (inserted by section 187 of this Act), insert—

(1D)An acquiring authority may extend the period specified in a notice of entry under subsection (1) by agreement with each person on whom it was served.

(1E)A reference in this Act to the period specified in a notice of entry under subsection (1) is to the period as extended by any agreement under subsection (1D).

189Corresponding amendments to the New Towns Act 1981

(1)Schedule 6 to the New Towns Act 1981 (modification of compulsory purchase legislation as applied for the purposes of the Act) is amended as follows.

(2)In paragraph 4—

(a)in sub-paragraph (1)—

(i)in the words before paragraph (a), after “every owner of that land” insert “so far as known to the acquiring authority after making diligent inquiry in accordance with section 5(1) of the Compulsory Purchase Act 1965”;

(ii)in the words after paragraph (b), omit “(not being less than 14 days)”;

(b)after sub-paragraph (2) insert—

(2A)The period specified in a notice under sub-paragraph (1) must not end earlier than the end of the period of 3 months beginning with the day on which the notice is served unless—

(a)it is a notice to which paragraph 4A(4) applies, or

(b)it is a notice to which paragraph 13 of Schedule 2A to the Compulsory Purchase Act 1965 (as modified by paragraph 1(2)(g) above) applies.

(2B)A notice under sub-paragraph (1) must explain the effect of paragraph 4B (counter-notice requiring possession to be taken on specified date) and give an address at which the acquiring authority may be served with a counter-notice.

(2C)An acquiring authority may extend the period specified in a notice under sub-paragraph (1) by agreement with each person on whom it was served.

(2D)A reference in this Schedule to the period specified in a notice under sub-paragraph (1) is to the period as extended by any agreement under sub-paragraph (2C).

(3)After paragraph 4 insert—

4A(1)This paragraph applies where—

(a)an acquiring authority have given a notice under paragraph 4(1) but have not yet entered on and taken possession of the land, and

(b)the authority become aware of an owner (“the newly identified owner”) to whom they ought to have given a notice to treat under section 5(1) of the Compulsory Purchase Act 1965 but have not.

(2)Any notice already served under paragraph 4(1) remains valid, but the authority may not enter on and take possession of the land unless they serve on the newly identified owner—

(a)a notice to treat under section 5(1) of the Compulsory Purchase Act 1965, and

(b)a notice under paragraph 4(1).

(3)Sub-paragraph (4) applies for the purpose of determining the period to be specified in the notice under paragraph 4(1) served on the newly identified owner if—

(a)the owner is an occupier of the land and the authority were not aware of the owner because they were given misleading information when carrying out inquiries under section 5(1) of the Compulsory Purchase Act 1965, or

(b)the owner is not an occupier of the land.

(4)The period must be a period that ends—

(a)no earlier than the end of the period of 14 days beginning with the day on which the notice of entry is served, and

(b)no earlier than the end of the period specified in any previous notice under paragraph 4(1) given by the acquiring authority in respect of the land.

(5)This paragraph applies instead of section 11A of the Compulsory Purchase Act 1965.

4B(1)Where the acquiring authority serves a notice under paragraph 4(1) on an occupier with an interest in land, the occupier may serve a counter-notice requiring the acquiring authority to take possession of the land by no later than a date specified in the counter-notice.

(2)If the occupier gives up possession of the land on or before the specified date, the acquiring authority is to be treated as having taken possession on that date (unless the acquiring authority has in fact taken possession before that date).

(3)The date specified in the counter-notice—

(a)must not be before the end of the period specified in the notice under paragraph 4(1), and

(b)must be at least 28 days after the day on which the counter-notice is served.

(4)A counter-notice under sub-paragraph (1) has no effect if the notice to treat relating to the land is withdrawn or ceases to have effect before the date specified in the counter-notice.

(5)A counter-notice under sub-paragraph (1) has no effect if it would require an acquiring authority to take possession of land at a time when either paragraph 4A of this Schedule or paragraph 6 of Schedule 2A to the Compulsory Purchase Act 1965 prohibit the authority from entering on and taking possession of the land.

(6)If sub-paragraph (5) applies, the authority must notify the occupier who served the counter-notice—

(a)that the counter-notice has no effect, and

(b)if the authority serve a notice under paragraph 4(1) of this Schedule as mentioned in paragraph 4A(2)(b) of this Schedule, of the date after which the authority could enter on and take possession of the land.

(7)If a counter-notice served under sub-paragraph (1) has no effect because of sub-paragraph (5), the occupier who served it may serve a further counter-notice.

(8)Where a notice under paragraph 4(1) is served on more than one occupier with the same interest in the land, a reference in this section to the occupier with an interest in land is to all of them acting together.

(9)This paragraph applies instead of section 11B of the Compulsory Purchase Act 1965.

190Abolition of alternative possession procedure following notice to treat

Schedule 16 abolishes the alternative procedure for taking possession of land under section 11(2) of, and Schedule 3 to, the Compulsory Purchase Act 1965.

191Extended notice period for taking possession following vesting declaration

In section 9 of the Compulsory Purchase (Vesting Declarations) Act 1981 (minor tenancies and tenancies about to expire), in subsection (2), for “14 days” substitute “3 months”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources