Search Legislation

High Speed Rail (London - West Midlands) Act 2017

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the High Speed Rail (London - West Midlands) Act 2017, SCHEDULE 14. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 11

SCHEDULE 14E+W+S+N.I.Amendments consequential on the Housing and Planning Act 2016

This schedule has no associated Explanatory Notes

1Omit section 6.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 14 para. 1 in force at 24.2.2017 by S.I. 2017/209, reg. 2

2In section 7(2) (acquisition of airspace), for paragraphs (a) and (b) substitute—E+W+S+N.I.

(a)Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat);

(b)Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration);

(c)section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 14 para. 2 in force at 24.2.2017 by S.I. 2017/209, reg. 2

3In section 8(2) (acquisition of subsoil or under-surface), for paragraphs (a) and (b) substitute—E+W+S+N.I.

(a)Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat);

(b)Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration);

(c)section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 14 para. 3 in force at 24.2.2017 by S.I. 2017/209, reg. 2

4In section 49 (compulsory acquisition of land for relocation)—E+W+S+N.I.

(a)omit subsection (4)(b), and

(b)in subsection (5), omit ““237,””.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 14 para. 4 in force at 24.2.2017 by S.I. 2017/209, reg. 2

5(1)Paragraph 2 of Schedule 6 (acquisition of land: application of Compulsory Purchase Act 1965) is amended as follows.E+W+S+N.I.

(2)For sub-paragraph (3) substitute—

(3)In section 11(1B) (power to enter on and take possession of land the subject of a notice to treat after giving the specified notice)—

(a)in a case where the notice to treat relates only to one or more of the following—

(i)the acquisition of subsoil or under-surface of land, where the subsoil or under-surface lies more than 9 metres below the surface;

(ii)the acquisition of airspace over land;

(iii)an easement, restrictive covenant or other right over land,

for ““3 months”” substitute “ 1 month ”, and

(b)after ““11A(4)”” insert “ or (6) and (7) ”.

(3)After that sub-paragraph insert—

(3A)In section 11A (powers of entry: further notices of entry)—

(a)in subsection (1)(a), after ““land”” insert “ under that provision ”,

(b)in subsection (2), after ““land”” insert “ under that provision, to the extent that the newly identified person is the owner, lessee or occupier of the land, ”,

(c)in subsection (4)(a), for ““14 days”” substitute “ 7 days ”, and

(d)at the end insert—

(5)Subsections (6) and (7) apply for the purposes of determining the period to be specified in the notice of entry under section 11(1) served on the newly identified person in a case where subsection (4) does not apply.

(6)The period specified in the notice must be—

(a)in a case where the notice to treat relates only to one or more of the following—

(i)the acquisition of subsoil or under-surface of land, where the subsoil or under-surface lies more than 9 metres below the surface;

(ii)the acquisition of airspace over land;

(iii)an easement, restrictive covenant or other right over land,

a period that ends no earlier than the end of the period of 7 days beginning with the day on which the notice of entry is served, and

(b)in any other case, a period that ends no earlier than the end of the period of 28 days beginning with the day on which the notice of entry is served.

(7)The period specified in the notice must end 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.

(4)After sub-paragraph (4) insert—

(4A)In Schedule 2A (proposal to acquire part only of a house, building or factory)—

(a)omit paragraphs 1(2) and 14(2), and

(b)at the end insert—

Part 4 E+W+S+N.I.Interpretation

30In this Schedule, references to entering on and taking possession of land do not include doing so under Schedule 16 to the High Speed Rail (London - West Midlands) Act 2017 (temporary possession and use of land).

(5)Omit sub-paragraph (5).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 14 para. 5 in force at 24.2.2017 by S.I. 2017/209, reg. 2

6For paragraph 3 of Schedule 6 (acquisition of rights in land: application of Compulsory Purchase (Vesting Declarations) Act 1981) substitute—E+W+S+N.I.

3In its application by virtue of section 4(4), the Compulsory Purchase (Vesting Declarations) Act 1981 has effect as if—

(a)before section 4 there were inserted section 3A (as set out in paragraph 7 of Schedule 14),

(b)sections 5 and 5A (which respectively set out the earliest date, and the time limit, for the execution of a general vesting declaration) were omitted,

(c)in section 6 (notices after execution of general vesting declaration), the reference to the invitation under section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981 were a reference to the invitation under section 3A(3) (as inserted by paragraphs 6 and 7 of Schedule 14),

(d)in section 9 (minor tenancies and tenancies about to expire: power to enter on and take possession of land the subject of a notice to treat after giving the specified notice), for ““3 months”” there were substituted “ 14 days ”,

(e)in Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), paragraph 1(2) were omitted, and

(f)references to the Compulsory Purchase Act 1965 were to that Act as applied by section 4(3) to the acquisition of land under section 4(1).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 14 para. 6 in force at 24.2.2017 by S.I. 2017/209, reg. 2

7This is the section referred to in paragraph 3(a) of Schedule 6 (as substituted by paragraph 6 above)—E+W+S+N.I.

Preliminary notices

3A(1)Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order, the acquiring authority must include the particulars specified in subsection (3) 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.

(2)A notice under subsection (1) must be given before the service of any notice to treat in respect of the land with respect to which the declaration is to be made.

(3)The notice must—

(a)contain a statement, in the form prescribed for the purposes of section 15(4)(e) of the Acquisition of Land Act 1981 (with any necessary modifications), about the effect of Parts 2 and 3 of this Act, and

(b)invite any person who would be entitled to claim compensation if a declaration were executed under section 4 to give the acquiring authority information about the person's name, address and interest in land, using the form prescribed for the purposes of section 15(4)(f) of the Acquisition of Land Act 1981 (with any necessary modifications).

(4)A notice complying with the preceding provisions of this section must be sent to the Chief Land Registrar and it shall be a local land charge.

(5)For the purposes of this section, a person has a relevant interest in land if—

(a)the person is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or

(b)the person 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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 14 para. 7 in force at 24.2.2017 by S.I. 2017/209, reg. 2

8(1)Paragraph 2 of Schedule 9 (acquisition of rights in land: application of Compulsory Purchase Act 1965) is amended as follows.E+W+S+N.I.

(2)Omit sub-paragraph (4).

(3)After sub-paragraph (8) insert—

(8A)For Schedule 2A to CPA 1965 substitute—

SCHEDULE 2AE+W+S+N.I.Counter-notice requiring purchase of land

IntroductionE+W+S+N.I.

1This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory.

2In this Schedule, “"house”” includes any park or garden belonging to a house.

Counter-notice requiring purchase of landE+W+S+N.I.

3A person who is able to sell the house, building or factory (“"the owner””) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory.

4A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-noticeE+W+S+N.I.

5On receiving a counter-notice, the acquiring authority must decide whether to—

(a)withdraw the notice to treat,

(b)accept the counter-notice, or

(c)refer the counter-notice to the Upper Tribunal.

6The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (““the decision period””).

7If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.

9If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory.

Determination by Upper TribunalE+W+S+N.I.

10On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would—

(a)in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b)in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11In making its determination, the Upper Tribunal must take into account—

(a)the effect of the acquisition of the right or the imposition of the covenant,

(b)the use to be made of the right or covenant proposed to be acquired or imposed, and

(c)if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take.

13If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land.

14(1)If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2)If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

(3)Any dispute as to the compensation is to be determined by the Upper Tribunal.

(4)After sub-paragraph (8A) (inserted by sub-paragraph (3) above) insert—

(8B)In section 5A(5B) of the Land Compensation Act 1961 (relevant valuation date), for paragraphs (a) and (b) substitute—

(a)a right over, or restrictive covenant affecting, land is the subject of a general vesting declaration,

(b)by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981, the declaration has effect as if it included an interest in the land, and

(c)the vesting date for the right or covenant is different from the vesting date for the interest in the land,.

(5)Omit sub-paragraph (10).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 14 para. 8 in force at 24.2.2017 by S.I. 2017/209, reg. 2

9In paragraph 4 of Schedule 9 (acquisition of rights in land: application of Compulsory Purchase (Vesting Declarations) Act 1981), for sub-paragraph (7) substitute—E+W+S+N.I.

(7)Schedule A1 to the 1981 Act (counter-notice requiring purchase of land not in general vesting declaration) has effect as if—

(a)in paragraph 1(1), for ““part only of”” there were substituted “ only the acquisition of a right over, or the imposition of a restrictive covenant affecting, ”,

(b)paragraph 1(2) were omitted,

(c)references to the land proposed to be acquired were (subject to paragraph (e) below) to the right proposed to be acquired or the restrictive covenant proposed to be imposed,

(d)references to the additional land were to the house, building or factory over which the right or covenant is proposed to be exercisable or enforceable,

(e)in paragraphs 14 and 15, references to the severance of the land proposed to be acquired were to the acquisition of the right or the imposition of the restrictive covenant, and

(f)in paragraph 15, after ““in addition to”” there were substituted “ or in substitution for ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 14 para. 9 in force at 24.2.2017 by S.I. 2017/209, reg. 2

10Omit Schedule 10.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 14 para. 10 in force at 24.2.2017 by S.I. 2017/209, reg. 2

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

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 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

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.

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