Land Compensation Act 1961

31 Withdrawal of notices to treat. E+W

(1) Where a claimant has delivered such a notice as is mentioned in paragraph (b) of subsection (1) of section four of this Act, the acquiring authority may, at any time within six weeks after the delivery thereof, withdraw any notice to treat which has been served on him or on any other person interested in the land authorised to be acquired.

(2) Where a claimant has failed to deliver a notice as required by the said paragraph (b), the acquiring authority may, at any time after the decision of the [F1 Upper Tribunal] on his claim but not later than six weeks after the claim has been finally determined, withdraw any notice to treat which has been served on him or on any other person interested in the land authorised to be acquired, unless the authority have entered into possession of the land by virtue of the notice.

(3) Where the acquiring authority withdraw a notice to treat under this section, the authority shall be liable to pay compensation to the person to whom it was given for any loss or expenses occasioned to him by the giving and withdrawal of the notice, but if the notice is withdrawn under subsection (2) of this section not for any loss or expenses incurred by the claimant mentioned therein after the time when, in the opinion of the [F2 Upper Tribunal], a proper notice of claim should have been delivered by him.

[F3 (3A) Where the acquiring authority withdraw a notice to treat under this section, the authority shall also be liable to pay a person compensation for any loss or expenses occasioned by the person as a result of the giving and withdrawal of the notice to treat if the person—

(a) acquired the interest to which the notice to treat relates before its withdrawal, and

(b) has not subsequently been given a notice to treat in relation to that interest.]

(4) The amount of any compensation payable under subsection (3) [F4 or (3A)] of this section shall, in default of agreement, be determined by the [F5 Upper Tribunal].

(5) So long as the acquiring authority are entitled to withdraw a notice to treat under subsection (2) of this section, the authority shall not be compellable to take the land to which the notice relates or to pay any compensation awarded in respect of the taking.

(6) For the purposes of this section, a claim shall not be deemed to be finally determined so long as the time for requiring the [F6 Upper Tribunal] to state a case with respect thereto, or for appealing from any decision on the points raised by a case so stated, has not expired.

Textual Amendments

F1 Words in s. 31(2) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 43 (with Sch. 5)

F2 Words in s. 31(3) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 43 (with Sch. 5)

F3 S. 31(3A) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 193(2), 216(3); S.I. 2018/251, reg. 4(d) (with reg. 6)

F4 Words in s. 31(4) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 193(3), 216(3); S.I. 2018/251, reg. 4(d) (with reg. 6)

F5 Words in s. 31(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 43 (with Sch. 5)

F6 Words in s. 31(6) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 43 (with Sch. 5)

Modifications etc. (not altering text)

C1 S. 31 excluded by Forestry Act 1967 (c. 10), s. 22(5), Agriculture Act 1967 (c. 22), s. 49(7)(ii), Town and Country Planning Act 1971 (c. 78), s. 208, Land Compensation Act 1973 (c. 26), s. 54(4), Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 7(3) and Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 139(5), 143(8), 146(6), 147, 167

C2 S. 31 restricted by Housing Act 1985 (c. 68, SIF 61), s. 227(2)

C3 S. 31 excluded (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 9(6) (with arts. 27(2), 39, Sch. 10 para. 4)