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Commonhold and Leasehold Reform Act 2002

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60 Compulsory purchaseE+W

This section has no associated Explanatory Notes

(1)Where a freehold estate in commonhold land is transferred to a compulsory purchaser the land shall cease to be commonhold land.

(2)But subsection (1) does not apply to a transfer if the Registrar is satisfied that the compulsory purchaser has indicated a desire for the land transferred to continue to be commonhold land.

(3)The requirement of consent under section 21(2)(c) shall not apply to transfer to a compulsory purchaser.

(4)Regulations may make provision about the transfer of a freehold estate in commonhold land to a compulsory purchaser.

(5)The regulations may, in particular—

(a)make provision about the effect of subsections (1) and (2) (including provision about that part of the commonhold which is not transferred);

(b)require the service of notice;

(c)confer power on a court;

(d)make provision about compensation;

(e)make provision enabling a commonhold association to require a compulsory purchaser to acquire the freehold estate in the whole, or a particular part, of the commonhold;

(f)provide for an enactment relating to compulsory purchase not to apply or to apply with modifications.

(6)Provision made by virtue of subsection (5)(a) in respect of land which is not transferred may include provision—

(a)for some or all of the land to cease to be commonhold land;

(b)for a provision of this Part to apply with specified modifications.

(7)In this section “compulsory purchaser” means—

(a)a person acquiring land in respect of which he is authorised to exercise a power of compulsory purchase by virtue of an enactment, and

(b)a person acquiring land which he is obliged to acquire by virtue of a prescribed enactment or in prescribed circumstances.

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