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Part I Compulsory Purchase under Acquisition of Land Act of 1946

Modifications etc. (not altering text)

C4Pt. 1 (ss. 1–32) (except ss. 4–8, 10, 27) applied by Welsh Development Agency Act 1975 (c. 70, SIF 64), s. 22(6) and (except ss. 4–8, 10, 31) by Ancient Monuments and Archaeological Areas Act 1979 (c. 46, SIF 3), ss. 11(4), 16(11)

C5Pt. 1 (ss. 1–32) applied (except ss. 4-8, 27, 31) by Airports Act 1986 (c. 31, SIF 9), s. 59(2)(a)

C6Pt. 1 (ss. 1–32) applied (with modifications) by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 37(4)(5), 38, Sch. 2 paras. 2(2), 15(9), Sch. 5 para. 3(1), 5(1), 8

C7Pt. 1 (ss. 1–32) applied (with modifications) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), s. 2(2), Sch. 2 Pt. 1I para. 1, Sch. 3 para. 1(8)

C8Pt. 1 (ss. 1–32) applied (with modifications) (other than sections 4 to 8, 10, 21, 27(1) and 31) by Water Act 1989 (c. 15, SIF 130), s. 151(6), Sch. 20 para. 6(1)(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

C9Pt. 1 (ss. 1–32) applied (with modifications) by Electricity Act 1989 (c. 29, SIF 44:1), s. 10(1), Sch. 3 Pt. I paras. 6–13

C10Part I (other than section 31) applied by Housing Act 1988 (c. 50, SIF 61), s. 77(7)

C11Pt. I (ss. 1–32) applied (with modifications) by Water Act 1989 (c. 15, SIF 130), ss. 151(5), 155(3)–(7), Sch. 18 para. 2(2)(3)–(8), Sch. 20 paras. 6(1)(a)(c), (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

C12Pt. I (ss. 1–32) applied (with modifications) by Electricity Act 1989 (c. 29, SIF 44:1), s. 10(1), Sch. 3 Pt. I paras. 7–13

C15Part I (ss. 1–32) modified by Gas Act 1986 (c. 44, SIF 44:2), s. 9(3), Sch. 3 Pt. II paras. 6, 7–12

Pt. I (ss. 1-32) modified (18.12.1996) by 1996 c. 61, s. 4, Sch. 4 Pt. III paras. 14, 15

Pt. I (ss. 1-32) modified (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 20(6)(7), Sch. 5 Pt. II paras. 3-5; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(c)

C16Pt. I (ss. 1-32) applied (with modifications) by Heathrow Express Railway Act 1991 (c. vii), ss. 4(1)(2), 24(1)(2)(a), Sch. 3.

C17Pt. I (ss. 1-32) applied (with modifications) by Heathrow Express Railway (No. 2) Act 1991 (c. ix), s. 3(1)(2).

Pt. I (ss. 1-32) applied (with modifications) by Killingholme Generating Stations (Ancillary Powers) Act 1991 (c. viii), ss. 2(2)(a)(b), 20(4), 24(2)

C18Pt. 1 (ss. 1-32) applied (with modifications) (26.7.1991) by S.I. 1991/1760, art. 3(1)(2)

C19Pt. I (ss. 1-32) applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 155(6), 167, 223(2), Sch. 11 para. 6(1)(a)

Pt. I (ss. 1-32) applied (with modifications) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 154(6), 168(3), 225(2), Sch. 19 para. 6(1)(a) (with ss. 16(6), 179(1), 222(2)(3), Sch. 22 paras. 1(1), 2, 4)

C20Pt. 1 (ss. 1-32) applied in part (with modifications) (22.10.1991) by Greater Manchester (Light Rapid Transit System) Act 1991 (c. xvi), ss. 3(1)(2), 13, Sch. (with s. 14(3)(e))

C21Pt. 1 (ss. 1-32) applied in part (with modifications) (13.2.1992) by British Railways Act 1992 (c. i), ss.14(1)(2), 17(6), 20(3)(4), Sch. 2 (with ss. 27, 34)

C22Pt. 1 (ss. 1-32) applied in part (with modifications) (13.2.1992) by Severn Bridges Act 1992 (c. 3), ss.2(2)(3)(4)(6), Sch. 2 para. 7(7)

C23Pt. I (ss. 1-32) applied in part (with modifications) (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), ss. 4(1)(2), 21(3)(4), Sch. 3 (with s. 38)

C24Pt. 1 (ss. 1-32) applied in part (with modifications) (16.7.1992) by River Humber (Upper Pyewipe Outfall) Act 1992 (c. xv), ss.3(1)(2), 17(3)(4), Sch. (with ss. 21, 24, 25).

C25Pt. 1 (ss. 1-32) applied in part (with modifications) (12.11.1992) by Greater Manchester (Light Rapid Transit System) Act 1992 (c. xviii), s. 3(1)(2).

C26Pt. I (ss. 1-32) applied in part (with modifications) (16.3.1992) by Avon Weir Act 1992 (c. v), ss. 4(1)(a)(b), 26(2)(3), Sch. 3 (with s. 61).

C27Pt. 1 (ss. 1-32) incorporated in part (with modifications) (18.6.1992) by British Railways (No. 2) Act 1992 (c. xi), ss. 4(1)(2), 27(3)(4), Sch. 3 (with ss. 34, 45)

C28Pt. I (ss. 1-32) applied in part (with modifications) (16.7.1992) by Cattewater Reclamation Act 1992 (c. xiv), ss. 3(2)(a)(b), 5(4), Sch. (with ss. 23, 24, 27, 33)

Pt. I (ss. 1-32) applied in part (29.3.1993) by 1993 c. iv, ss. 4(1)(2), 29(2)(3), Sch. 4 (with ss. 36, 41(5), 44(1))

Pt. I (ss. 1-32) applied in part (1.5.1994) by 1894 c. 60, s. 639(1A)(a) (as substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 38); S.I. 1993/3137, art. 3(2), Sch. 2)

Pt. I (ss. 1-32) applied in part (10.11.1993) by 1993 c. 28, s. 162(6); S.I. 1993/2762, art. 3

Pt. I (ss. 1-32) applied in part (with modifications) (27.7.1993) by 1993 c. xv, ss. 5(1)(2), 27(4), Sch. 4 (with s. 44)

Pt. I (ss. 1-32) applied in part (with modifications) (5.11.1993) by 1993 c. 42, ss. 4(2)-(4), 6, Sch. 5 para. 6(2) (with ss. 2, 30(1), Sch. 2 para. 9)

Pt. I (ss. 1-32) applied in part (with modifications) (26.5.1994) by 1994 c. vi, s. 3(1)(2)

Pt. I (ss. 1-32) applied in part (with modifications) (21.7.1994) by 1994 c. xi, ss. 5(1)(2), 30(3)(4)(a), 31(1), 56(2)(3), Sch. 4

Pt. I (ss. 1-32) applied in part (with modifications) (21.7.1994) by 1994 c. xv, ss. 5(1)(2), 22(f), 28(3)(4), 44(8), Sch. 5

Pt. I (ss. 1-32) applied (1.1.1996) by Merchant Shipping Act 1995 (c. 21), ss. 197(6)(a), 316(2) (with s. 312(1))

Pt. I (ss. 1-32) applied (with modifications) (18.12.1996) by Channel Tunnel Rail Link Act 1996 (c. 61), ss. 4, 5(5), 43(3)(4), 47, Sch. 4 Pt. II paras. 2, 3, Pt. III paras. 8(2), 9-11

Pt. I (ss. 1-32) applied in part (with modifications) (28.7.1998) by Tamar Bridge Act 1998 (c. iv), ss. 4(2)-(4), 5(2)-(4), 6(1), 13, Sch.

Pt. I (ss. 1-32) applied (with modifications) by Welsh Development Agency Act 1975 (c. 70), Sch. 4 Pt. II para. 4 (as inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4)

Pt. I (ss. 1-32) applied in part (with modifications) (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 20(7); S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(c)

Pt. I (ss. 1-32) applied (with modifications) (13.1.1999) by Tyne and Wear Passenger Transport (Sunderland) Order 1998 (S.I. 1998/3269), arts. 23(1)(2), 24, Sch. 7

C29Pt. I (ss. 1-32) restricted (18.12.1996) by 1996 c. 61, s. 6, Sch. 5 para. 3(3)(a)

C30Pt. 1 (ss. 1-32) applied (with modifications) (19.2.1999) by S.I. 1999/537, arts. 6(1)(2), 7(2), 11, Sch. 2 paras. 1-8

C31Pt. 1 (ss. 1-32) applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 15(3), Sch. 5 paras. 3(2), 4-9

C32Pt. I (ss. 1-32) applied (with modifications) (20.8.1999) by S.I. 1999/2336, arts. 13(1)(2), 19

C33Pt. I (ss. 1-32) applied (with modifications) (23.8.1999) by S.I. 1999/2981, arts. 16, 23

Pt. I (ss. 1-32) applied (with modifications) (3.6.1999) by S.I. 1999/1555, arts. 4(1)(2), 8, Sch. 1 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (26.3.2001) by 2000 c. 26, s. 95, Sch. 5, Pt. II paras. 6-12; S.I. 2000/2957, art. 2(3), Sch. 3

Pt. I (ss. 1-32, except ss. 4-8, 31) applied (26.3.2001) by 2000 c. 26, s. 95, Sch. 5 para. 6; S.I. 2000/2957, art. 2(3), Sch. 3

Pt. I (ss. 1-32) applied (with modifications) (24.12.1999) by S.I. 2000/428, art. 11

Pt. I (ss. 1-32) applied (with modifications) (2.3.2001) by S.I. 2001/1367, art. 7

Pt. I (ss. 1-32) applied (with modifications) (2.3.2001) by S.I. 2001/1367, art. 9, Sch. 2 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (2.3.2001) by S.I. 2001/1368, arts. 7, 12

Pt. I (ss. 1-32) applied (with modifications) (2.3.2001) by S.I. 2001/1368, art. 9(3), Sch. 3 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (2.3.2001) by S.I. 2001/1369, arts. 4, 10

Pt. I (ss. 1-32) applied (with modifications) (2.3.2001) by S.I. 2001/1369, art. 6, Sch. 1 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (22.3.2001) by S.I. 2001/1451, arts. 9(1)(2), 13(a)

Pt. I (ss. 1-32) applied (with modifications) (22.3.2001) by S.I. 2001/1451, art. 10(2), Sch. 2

Pt. I (ss. 1-32) applied (with modifications) (29.3.2001) by S.I. 2001/1347, arts. 25, 31 (with arts. 15, 37, 38(2))

Pt. I (ss. 1-32) applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 26, Sch. 7 paras. 3(2), 4-9 (with arts. 15, 37, 38(2))

Pt. I (ss. 1-32) applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 4(1)

Pt. I (ss. 1-32) applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 6(3), Sch. 2 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 14

Pt. I (ss. 1-32) applied (with modifications) (27.6.2001) by S.I. 2001/2870, art. 15, Sch. 2 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (24.7.2001) by S.I. 2001/3627, arts. 36, 44

Pt. I (ss. 1-32) applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 38, Sch. 8 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (9.11.2001) by S.I. 2001/3682, arts. 19, 25

Pt. I (ss. 1-32) applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 21, Sch. 7 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (14.3.2002) by S.I. 2002/412, arts. 17, 18, 21, 23, Sch. 4 paras. 3(2), 4-9 (with art. 38)

Pt. I (ss. 1-32) applied (with modifications) (30.4.2002) by S.I.2002/1064, arts. 10, 11, 18, Sch. 2, paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (30.4.2002) by S.I. 2002/1065, arts. 10, 11, Sch. 3, paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (30.4.2002) by S.I. 2002/1066, arts. 21, 23, 30, 32, Sch. 7 paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (31.5.2002) by S.I. 2002/1327, arts. 19, 21, 25, Sch. 4, paras. 3(2), 4-9

Pt. I (ss. 1-32) applied (with modifications) (12.8.2002) by S.I.2002/1943, art. 4(1)(2)

Compulsory Purchase

4 Time limit.

The powers of the acquiring authority for the compulsory purchase of the land shall not be exercised after the expiration of three years from the date on which the compulsory purchase order becomes operative.

Modifications etc. (not altering text)

C34S. 4: by Housing Act 1974 (c. 44, SIF 61), s. 116, words were added at the end of s. 4 and those words are repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

5 Notice to treat, and untraced owners. E+W

(1)When the acquiring authority require to purchase any of the land subject to compulsory purchase, they shall give notice (hereafter in this Act referred to as a “notice to treat") to all the persons interested in, or having power to sell and convey or release, the land, so far as known to the acquiring authority after making diligent inquiry.

(2)Every notice to treat—

(a)shall give particulars of the land to which the notice relates,

(b)shall demand particulars of the recipient’s estate and interest in the land, and of the claim made by him in respect of the land, and

(c)shall state that the acquiring authority are willing to treat for the purchase of the land, and as to the compensation to be made for the damage which may be sustained by reason of the execution of the works.

(3)Schedule 2 to this Act (which relates to absent or untraced owners) shall have effect for the purposes of this Act.

Modifications etc. (not altering text)

6 Reference to Lands Tribunal.

If a person served with a notice to treat does not within twenty-one days from the service of the notice state the particulars of his claim or treat with the acquiring authority in respect of his claim, or if he and the acquiring authority do not agree as to the amount of compensation to be paid by the acquiring authority for the interest belonging to him, or which he has power to sell, or for any damage which may be sustained by him by reason of the execution of the works, the question of disputed compensation shall be referred to the Lands Tribunal.

Modifications etc. (not altering text)

7 Measure of compensation in case of severance.

In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the value of the land to be purchased by the acquiring authority, but also to the damage, if any, to be sustained by the owner of the land by reason of the severing of the land purchased from the other land of the owner, or otherwise injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

Modifications etc. (not altering text)

C44S. 7 extended (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 2(4)-(8); S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(c)

C45S. 7 applied (with modifications) (31.3.1994) by 1994 c. iv, s. 17, Sch. 2 para. 1

S. 7 applied (18.12.1996) by 1996 c. 61, s. 51(6)

S. 7 applied (with modifications) (1.10.1998) by 1975 c. 70, Sch. 4 Pt. 1II para. 6(4)(a) (as inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4)

8 Other provisions as to divided land.

(1)No person shall be required to sell a part only—

(a)of any house, building or manufactory, or

(b)of a park or garden belonging to a house,

if he is willing and able to sell the whole of the house, building, manufactory, park or garden, unless the Lands Tribunal determines that—

(i)in the case of a house, building or manufactory the part proposed to be acquired can be taken without material detriment to the house, building or manufactory, or

(ii)in the case of a park or garden, the part proposed to be acquired can be taken without seriously affecting the amenity or convenience of the house,

and, if the Lands Tribunal so determine, the Lands Tribunal shall award compensation in respect of any loss due to the severance of the part proposed to be acquired, in addition to its value; and thereupon the party interested shall be required to sell to the acquiring authority that part of the house, building, manufactory, park or garden.

(2)If any land which is not situated in a town or built upon is cut through and divided by the works so as to leave, either on both sides of the works, or on one side, a quantity of land which is less than half an acre, the owner of the land may require the acquiring authority to purchase the land along with the land subject to compulsory purchase:

Provided that this subsection shall not apply if the owner has other land adjoining the land so left into which it can be thrown so as to be conveniently occupied with it, and in that case the acquiring authority shall, if so required by the owner, at their own expense throw the piece of land so left into the adjoining land by removing the fences and levelling the sites thereof, and by soiling it in a satisfactory and workmanlike manner.

(3)If the owner of any land cut through and divided by the works requires the acquiring authority under the provisions of the special Act to make any bridge, culvert or other communication between the land so divided, and—

(a)the land is so cut through and divided as to leave, either on both sides or on one side, a quantity of land which is less than half an acre, or which is of less value than the expense of making the communication between the divided land, and

(b)the owner has not other land adjoining that piece of land,

the acquiring authority may require the owner to sell them the piece of land.

Any dispute as to the value of the piece of land, or as to the expense of making a communication between the divided land shall be determined by the Lands Tribunal, and either party to proceedings for determining the compensation to be paid for the land acquired may require the Lands Tribunal to make their determination under this subsection in those proceedings.

Modifications etc. (not altering text)

C48S. 8(1) excluded by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 8(1), Sch. 1 para. 2(3)

S. 8 applied (with modifications) (22.10.1991) by Greater Manchester (Light Rapid Transit System) Act 1991 (c. xvi), ss.3(1)(2), 13, Sch. para. 2 (with s. 14(3)(e))

S. 8(1) restricted (18.6.1992) by British Railways (No. 2) Act 1992 (c. xi), s. 30(1) (with ss. 34, 45).

S. 8(1) excluded (13.2.1992) by British Railways Act 1992 (c. i), s. 23(1) (with ss. 27, 34).

S. 8(1) excluded (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 25(1) (with s. 38)

s. 8(1) excluded (27.7.1993) by 1993 Leeds Supertram Act 1993 (c. xv), s. 28(1) (with s. 44)

S. 8(1) excluded (21.7.1994) by Greater Nottingham Light Rapid Transit Act 1994 (c. xv), s. 29(1)

S. 8(1) excluded (18.12.1996) by Channel Tunnel Rail Link Act 1996 (c. 61), s. 4, Sch. 4 Pt. 1II para. 6(4)

S. 8(1) excluded (10.2.1997) by London Underground (East London Line Extension) Order 1997 (S.I. 1997/264), art. 23(1)

S. 8(1) excluded (21.5.1997) by Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997 (S.I. 1997/1266), arts. 25, 32(1)

S. 8(1) excluded (24.12.1999) by Knowsley Industrial Park (Rail Terminal) Order 1999 (S.I. 2000/428), art. 16

S. 8(1) excluded (2.3.2001) by Greater Manchester (Light Rapid Transit System) (Trafford Park) Order 2001 (S.I. 2001/1367), art. 12(1)

S. 8(1) excluded (22.3.2001) by Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001 (S.I. 2001/1451), art. 12(2)

S. 8(1) excluded (18.7.2001) by Railtrack (Shortlands Junction) Order 2001 (S.I. 2001/2870), art. 18(1)

S. 8(1) excluded (29.3.2001) by Leeds Supertram (Land Acquisition and Road Works) Order 2001 (S.I. 2001/1348), art. 8(1)