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Part IVE+W Compulsory Purchase

Severance of landE+W

57 Other procedures for taking possession of part of agricultural holding.E+W

(1)Before taking possession of part only of an agricultural holding under section 85 of the M1Lands Clauses Consolidation Act 1845 F1... or under [F2Part III of the Compulsory Purchase (Vesting Declarations) Act 1981] (alternative procedures for taking possession of land) the acquiring authority shall serve notice of their intention to do so on the person in occupation of the holding, and sections 55 and 56 above shall have effect, subject to any necessary modifications, as if possession were being obtained pursuant to a notice of entry under section 11(1) of the said Act of 1965.

(2)Sections 55 and 56 above shall have effect, subject to any necessary modifications, in relation to a notice of entry under paragraph 4 of Schedule 6 to the [F3New Towns Act 1981] (provisions applicable to compulsory acquisitions under that Act) as they have effect in relation to a notice of entry under section 11(1) of the said Act of 1965.

(3)Sections 55 and 56(1) and (2) above shall have effect, subject to any necessary modifications, in relation to a notice under [F4section 584 of the Housing Act 1985 (power to enter and determine short tenancies of land acquired or appropriated for certain purposes of that Act)] as they have effect in relation to a notice of entry under section 11(1) of the said Act of 1965.

(4)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F1Words in s. 57(1) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 13; S.I. 2016/733, reg. 3(j)

F3Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81(a), Sch. 12 para. 10

F5Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

Marginal Citations