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Compulsory Purchase Act 1965

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Changes and effects yet to be applied to Section 11:

  • s. 11(3) excluded by S.I. 2021/51 Sch. 9 para. 32(1) (This amendment not applied to legislation.gov.uk. S.I. 2021/51 removed from the website by request from the Department of Transport dated 12th July 2021 which followed the decision of the High Court of Justice to quash these Regulations in the judgement dated 8th July 2021 (High Court of Justice — Planning Court — The Queen (on the application of Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)
  • s. 11(3) restricted by S.I. 2024/230 Sch. 9 para. 95(1)
  • s. 11(3) restricted by S.I. 2024/360 Sch. 9 para. 66(1)
  • s. 11(3) restricted by S.I. 2024/436 Sch. 10 para. 85(3)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

11 Powers of entry. E+W

(1)If the acquiring authority have served notice to treat in respect of any of the land and have served on the owner, lessee and occupier of that land [F1a notice of entry], the acquiring authority may enter on and take possession of that land, or of such part of that land as is specified in the notice [F2, after the end of a period specified in the notice]; and then any compensation agreed or awarded for the land of which possession is taken shall carry interest at the rate prescribed under section 32 of the M1Land Compensation Act 1961 from the time of entry until the compensation is paid or is paid into court in accordance with this Act.

Where under this subsection a notice is required to be served on an owner of land, and the land is ecclesiastical property as defined in [F3section 12(3) of the Acquisition of Land Act], a like notice shall be served on the [F4Diocesan Board of Finance for the diocese in which the land is situated].

In this subsection “owner” has the meaning given by [F5section 7(1) of the Acquisition of Land Act].

[F6(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.]

[F7(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.]

[F8(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).]

(2)F9...

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For the purpose of [F11surveying, valuing or taking levels] of any of the land subject to compulsory purchase, of probing or boring to ascertain the nature of the soil and of setting out the line of the works, the acquiring authority, after giving not less than three nor more than fourteen days’ notice to the owners or occupiers of that land, may enter on that land, but the acquiring authority shall make compensation for any damage thereby occasioned to the owners or occupiers of the land, and any question of disputed compensation under this subsection shall be referred to the [F12Upper Tribunal].

(4)Except as provided by the foregoing provisions of this section, the acquiring authority shall not, except with the consent of the owners and occupiers, enter on any of the land subject to compulsory purchase until the compensation payable for the respective interests in that land has been agreed or awarded, and has been paid to the persons having those interests or has been paid into court in accordance with this Act.

Textual Amendments

F1Words in s. 11(1) substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 186(2)(a)(i), 216(3); S.I. 2017/75, reg. 3(e) (with reg. 5)

F4Words in s. 11 substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 12(1); S.I. 2006/2, Instrument made by Archbishops

F8S. 11(1D)(1E) inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 188, 216(3); S.I. 2017/75, reg. 3(e) (with reg. 5)

Modifications etc. (not altering text)

C9Pt. 1 applied (with modifications) (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), art. 1, Sch. 6 paras. 4, 5 (with arts. 4, 37)

C10Pt. 1 applied (with modifcations) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 32 (with arts. 43(1), 55-57, Sch. 8 para. 13)

C11Pt. 1 applied (with modifcations) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), art. 1, Sch. 3 paras. 1, 4-10 (with arts. 55-57, Sch. 8 para. 13)

C13Pt. 1 applied (with modifications) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 18, 29 (with arts. 24(8), 33(2))

C14Pt. 1 applied (with modifications) (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 25, Sch. 5 paras. 4, 5

C15Pt. 1 applied (with modifications) (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), art. 1(2), Sch. 5 paras. 4, 5

C17Pt. 1 applied (with modifications) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 19, 28(1)(a) (with art. 31(2))

C23Pt. 1 applied (with modifications) (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), art. 1, Sch. 5 paras. 4, 5 (with arts. 55, 56)

C25Pt. 1 applied (with modifications) (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), arts. 1, 25

C31Pt. 1 applied (with modifications) (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 26

C32Pt. 1 applied (with modifications) (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), arts. 1, 26

C33Pt. 1 applied (with modifications) (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), art. 1, Sch. 9 paras. 4, 5

C43Pt. 1 applied (with modifications) (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 29 (with art. 7)

C44Pt. 1 applied (with modifications) (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), art. 1, Sch. 8 paras. 4, 5 (with art. 7)

C45Pt. 1 applied (with modifications) (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), art. 1, Sch. 7 paras. 4, 5 (with arts. 51, 57)

C47Pt. 1 applied (with modifications) (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 32 (with arts. 51, 57)

C49Pt. 1 applied (with modifications) (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 30

C51Pt. 1 applied (with modifications) (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), art. 1, Sch. 9 paras. 4, 5 (with art. 37)

C52Pt. 1 applied (with modifications) (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 29 (with art. 37)

C56Pt. 1 applied (with modifications) (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), art. 1, Sch. 6 para. 4 (with art. 37)

C57Pt. 1 applied (with modifications) (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 22 (with art. 37)

C62Pt. 1 applied (with modifications) (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), arts. 1, 25 (with Sch. 9 para. 144)

C78Pt. 1 applied (with modifications) (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 27, Sch. 12 paras. 4, 5 (with arts. 40, 46(2), Sch. 19 para. 61)

C83Pt. 1 applied (with modifications) (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 31 (with arts. 5, 27, 53, Sch. 8 paras. 6, 64)

C91Pt. 1 applied (with modifications) (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033), arts. 1, 25, Sch. 8 paras. 4-11 (with arts. 36, 37, Sch. 9 paras. 14, 44(1), 76, 103)

C99S. 11 modified (31.3.1994) by British Railways Act 1994 (c. iv), s. 17, Sch. 2 para. 4

C105S. 11(1) excluded by Agriculture Act 1967 (c. 22), s. 49(7) (ii)

C106S. 11(1) applied (with modifications) by Heathrow Express Railway Act 1991 (c. vii), s. 4(2)

C109S. 11(1) modified by 1961 c. 33, s. 5A(5)(6) (as inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 103(2); S.I. 2004/2593, art. 2(a))

C110S. 11(3) modified (11.11.1996) by S.I. 1996/2714, art. 50(3)

C111S. 11(3) restricted (23.8.1999) by S.I. 1999/2981, art. 28(2), Sch. 10 Pt. 1 para. 2(7)

S. 11(3) restricted (24.12.1999) by S.I. 2000/428, art. 27, Sch. 5 para. 2(3)

S. 11(3) restricted (24.7.2001) by S.I. 2001/3627, art. 64, Sch. 12 para. 5(1) (with Sch. 12 para. 12)

s. 11(3) restricted (14.3.2002) by S.I. 2002/412, art. 36, Sch.6, Pt. 1I para. 2(2)

Marginal Citations

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