Forestry Act 1967

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

England and Wales E+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 M1 Compulsory 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(b) in section 11 (power of entry after notice of treat), subsection (1) shall not apply and subsection (2) shall apply with the omission of the word “also”;

(c)—(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F1 Para. 11(3)(a)(c)–(e) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. III

F2 Sch. 5 para. 11(4) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. III

Marginal Citations

M1 1965 c. 56(28:1)

12 E+W+S As regards land in England or Wales, a compulsory purchase order under this Act may provide that section 77 of the M2 Railways Clauses Consolidation Act 1845, and sections 78 to 85 of that Act as originally enacted and not as amended for certain purposes by section 15 of the M3 Mines (Working Facilities and Support) Act 1923, shall be incorporated with section 39 of this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

M2 1845 c. 20(102)

M3 1923 c. 20(102)

Scotland E+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 M4 Lands 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 M5 Lands 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

M4 1845 c. 33(102)

M5 1845 c. 19(28:2)

14 E+W+S As regards land in Scotland, a compulsory purchase order under this Act may provide that section 70 of the M6 Railways 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 M7 Mines (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

M6 1845 c. 19(28:2)

M7 1923 c. 20(102)