SCHEDULE 4 Procedure for Acquisition of Land under s. 39 by Agreement
England and Wales
1 (1) For the purpose of any acquisition by the Minister of land in England or Wales, where the acquisition is by agreement, Part I of the Compulsory Purchase Act 1965 shall apply in accordance with the following provisions of this paragraph.
(2) In the said Part I as so applied—
(a) “the acquiring authority” means the Minister;
(b) “the special Act” means section 39 of this Act; and
(c) for references to land subject to compulsory purchase there shall be substituted references to land which may be acquired by agreement under the said section 39.
(3) In relation to the acquisition of land by agreement under section 39, Part I of the said Act of 1965 shall be modified as follows:—
(a) sections 4 to 8, 10, 27 and 31 shall not apply;
(b) section 30(3) shall not apply, but notices required to be served by the Minister under any provision of the said Act of 1965 as applied by this paragraph may, notwithstanding anything in section 30(1) of that Act, be served and addressed in the manner specified in section 30 of this Act.
Scotland
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Propose a changeSCHEDULE 5 Compulsory Purchase
Part I Procedure for making Compulsory Purchase Orders
1 A compulsory purchase order shall describe by reference to a map the land to which it applies.
2 (1) Before making a compulsory purchase order, the Minister ... shall—
(a) publish in one or more newspapers circulating in the locality in which the land to which the order relates is situated a notice stating that a compulsory purchase order is proposed to be made; and
(b) serve a copy of the notice in such manner as he thinks fit on every person who is an owner, lessee, tenant (whatever the tenancy period) or occupier of any land to which the order relates.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Section 30 of this Act applies to the service of a notice under sub-paragraph (1)(b) above as it applies to the service of documents under Part II of this Act.
(3) A notice under sub-paragraph (1) above shall—
(a) describe the land,
(b) name the place where a copy of a draft of the compulsory purchase order and of the map referred to therein may be seen at all reasonable hours, and
(c) specify the time (not less than twenty-eight days from the date of the publication of the notice) within which, and the manner in which, objections to the order may be made.
3 (1) If no objection is duly made by any of the persons on whom notices are required to be served, or by any other person appearing to the Minister ... to be affected, or if all objections so made are withdrawn, the Minister may, if he thinks fit ... (but subject to sub-paragraph (3) below), make the order, either with or without modifications.
(2) In any other case the Minister ... shall, before making the order, cause a local inquiry to be held and shall consider any objections not withdrawn and the report of the person who held the inquiry, and may then, if he thinks fit (but subject to sub-paragraph (3) below), make the order, either with or without modifications.
(3) An order made by the Minister ... with modifications shall not, unless all persons interested consent, authorise him to purchase compulsorily any land which the order would not have authorised him so to purchase if it had been made without modifications.
4 Subject to paragraph 5 below, where objection to a compulsory purchase order is duly made by a person mentioned in paragraph 3(1) above and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure and the Statutory Orders (Special Procedure) Acts 1945 and 1965 shall have effect accordingly.
5 If an objection appears to the Minister ... to relate exclusively to matters which can be dealt with by the tribunal by whom the compensation for the compulsory purchase would be assessed, the Minister ... may disregard the objection for the purposes of paragraph 3 above, and may (whether he disregards it for those purposes or not) direct that it shall be disregarded for the purposes of paragraph 4 above.
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6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Validity and Operation of Compulsory Purchase Orders
7 (1) So soon as may be after a compulsory purchase order has been made by the Minister, he shall—
(a) publish in one or more newspapers circulating in the locality in which the land to which the order relates is situated a notice stating that the order has been made and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours; and
(b) serve a like notice on every person who made an objection to the order.
(2) Section 30 of this Act applies to the service of a notice under sub-paragraph (1)(b) above as it applies to the service of documents under Part II of this Act.
(2A) Sub-paragraphs (2B) to (2H) apply where a compulsory purchase order authorises the compulsory purchase of land in England or Wales.
(2B) The appropriate national authority must serve the notice mentioned in sub-paragraph (1) on any person who, if Schedule 1 to the Acquisition of Land Act 1981 applied to the acquisition, would be entitled to a notice under paragraph 3 of that Schedule (notice to owners, lessees and occupiers).
(2C) The notice must—
(a) contain a statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981), and
(b) invite any person who would be entitled to claim compensation if a declaration were executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 to give the appropriate national authority information about the person’s name, address and interest in land, using a form set out in the notice.
(2D) The statement referred to in sub-paragraph (2C)(a) must be the same as the relevant statement prescribed under paragraph 6(4)(e) of Schedule 1 to the Acquisition of Land Act 1981, subject to any necessary modifications.
(2E) The form mentioned in sub-paragraph (2C)(b) must be the same as the relevant form prescribed under paragraph 6(4)(f) of Schedule 1 to the Acquisition of Land Act 1981, subject to any necessary modifications.
(2F) The appropriate national authority must send a copy of the notice to the Chief Land Registrar and it shall be a local land charge in respect of the land in England or Wales to which it relates.
(2G) For the purposes of sub-paragraphs (2D) and (2E), a statement or a form is “relevant” if it was prescribed by the appropriate national authority which has to serve it.
(2H) In this paragraph, the “appropriate national authority” means—
(a) in relation to the compulsory purchase of land in England, the Secretary of State, and
(b) in relation to the compulsory purchase of land in Wales, the Welsh Ministers.
(3) Where the order is subject to special parliamentary procedure, the notice to be published and served by the Minister under sub-paragraph (1) above shall contain a statement that the order is to be laid before Parliament under the Statutory Orders (Special Procedure) Acts 1945 and 1965.
8 (1) Except where the order is confirmed by Act, if a person aggrieved by the order desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with, he may—
(a) in the case of an order to which the Statutory Orders (Special Procedure) Acts 1945 and 1965 apply, within a period of six weeks after the date on which the order becomes operative under those Acts; and
(b) in any other case, within a period of six weeks after the first publication of the notice of the order,
make an application for that purpose to the court.
(2) Where any such application is duly made, the court—
(a) may by interim order suspend the operation of the compulsory purchase order, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and
(b) if satisfied upon the hearing of the application that the order is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order, either generally or in so far as it affects any property of the applicant.
(3) In this paragraph—
“confirmed by Act” means confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945 ... ; and
“the court” means, in relation to England and Wales, the High Court ... .
9 Subject to the foregoing provisions, the order shall not be questioned by prohibition or certiorari or in any legal proceedings whatsoever either before or after the order is made.
10 The order, except where the Statutory Orders (Special Procedure) Acts 1945 and 1965 apply to it, shall become operative at the expiration of six weeks from the date on which notice of it is first published in accordance with the provisions of this Part of this Schedule.
Part III Procedure for Acquisition of Land by Compulsory Purchase
England and Wales
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 Compulsory Purchase Act 1965 shall apply subject to and in accordance with the following provisions of this paragraph.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)—(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 As regards land in England or Wales, a compulsory purchase order under this Act may provide that section 77 of the 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 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.
Scotland
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Propose a changeSCHEDULE 6 Transitional Provisions
Section 50.
1 (1) In so far as any appointment, order, regulation, byelaw, application, claim for compensation or reference made, or notice or directions given, or other thing done under an enactment repealed by this Act could have been made, given or done under a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if made, given or done under that corresponding provisions.
(2) Anything begun under an enactment repealed by this Act may be continued under this Act as if begun thereunder.
(3) Any reference in this Act to things done, suffered or occurring in the past shall, so far as the context requires for the purpose of continuity of operation between an enactment repealed by this Act and the corresponding enactment in this Act, be construed as including a reference to things done, suffered or occurring before the commencement of this Act.
(4) So much of any document as refers expressly or by implication to any enactment repealed by this Act shall, if and so far as the context permits, be construed as referring to this Act or the corresponding enactment therein.
(5) The generality of sub-paragraphs (1) to (4) above shall not be prejudiced by anything in the subsequent provisions of this Schedule.
2 For the purposes of section 16(4) of this Act, any such anniversary of an application as is there referred to shall, in the case of an application made before the commencement of this Act and having effect as if made under this Act, be taken as falling on the date on which it would have fallen if this Act had not been passed.
3 A notice given by the Commissioners under section 11(1) of the Forestry Act 1951 and having effect as if given under section 24 of this Act shall, in a case where the notice was by virtue of section 11(4) of that Act inoperative immediately before the commencement of this Act, remain inoperative under section 25(2) of this Act for as long as, and no longer than, it would have so remained but for the passing of this Act.
4 (1) References in this Act to land acquired by the Minister thereunder shall include references to land which, immediately before the commencement of this Act, was vested in that Minister having been acquired by him or any predecessor of his under section 4 of the Forestry Act 1945, or vested by that section in the appropriate Minister for the purposes of that Act, or transferred to the Minister by the operation of Article 9(1) of the Secretary of State for Wales and Minister of Land and Natural Resources Order 1965 (which Order transferred functions of the Minister of Agriculture, Fisheries and Food under the Forestry Acts 1919 to 1951 partly to the Minister of Land and Natural Resources and partly to the Secretary of State for Wales) or of Article 2 of the Ministry of Land and Natural Resources (Dissolution) Order 1967 (which dissolved the Ministry of Land and Natural Resources and transferred its principal functions under the said Acts to the Ministry of Agriculture, Fisheries and Food).
(2) For the purposes of this Act, but subject to sub-paragraph (3),any land which was immediately before the commencement of this Act for the time being placed or deemed to have been placed at the disposal of the Commissioners under the Forestry Act 1945 shall be treated as continuing after that commencement to be so placed by virtue of section 39(1) of this Act, without prejudice to the power of the Minister to make any other disposition with regard to that land.
(3) Any land in Wales which, immediately prior to 1 April 2013, was treated as being placed at the disposal of the Commissioners pursuant to sub-paragraph (2) shall thereafter be treated as being placed at the disposal of the Natural Resources Body for Wales by virtue of section 39(1) of this Act, without prejudice to the power of the Welsh Ministers to make any other disposition with regard to that land.
5 The references to the Forestry Commissioners in section 48 of the Settled Land Act 1925 (which contains regulations respecting forestry leases) and in the definition of “forestry lease” in section 117 of that Act shall be construed as references to the Minister, and the reference in the said definition to the Forestry Act 1919 shall be construed as a reference to this Act.
6 Any power under any enactment to amend or repeal an enactment repealed by this Act includes power to amend or repeal the corresponding provision of this Act.
Propose a changeSCHEDULE 7 Repeals and Savings
Section 50.
Part I Repeals
Chapter | Short Title | Extent of Repeal
52 & 53 Vict. c. 30. | The Board of Agriculture Act 1889. | In section 2(2) and (3), the words “and, forestry” and “or forestry”, wherever occurring.
In section 4, the words “or forestry”.
3 Edw. 7. c. 31. | The Board of Agriculture and Fisheries Act 1903. | In section 1(3) the words “or forestry”.
1 & 2 Geo. 5. c. 49. | The Small Landholders (Scotland) Act 1911. | In section 4(2), (3) and (4), the word “forestry”, wherever occurring.
9 & 10 Geo. 5. c. 58. | The Forestry Act 1919. | The whole Act except so much of section 3(2) as transfers to the Commissioners the power of making orders under the Destructive Insects and Pests Acts 1877 to 1927.
17 Geo. 5. c. 6. | The Forestry Act 1927. | The whole Act.
1 & 2 Geo. 6. c. 13. | The Superannuation (Various Services) Act 1938. | The entries in all three columns of the Schedule relating to the Forestry (Transfer of Woods) Act 1923 and the Forestry Act 1945.
8 & 9 Geo. 6. c. 35. | The Forestry Act 1945. | The whole Act.
10 & 11 Geo. 6. c. 21. | The Forestry Act 1947. | The whole Act.
12 & 13 Geo. 6. c. 44. | The Superannuation Act 1949. | Section 52(1), so far as applying to the superannuation of Forestry Commissioners and officers employed by the Commissioners.
14 & 15 Geo. 6. c. 61. | The Forestry Act 1951. | The whole Act.
9 & 10 Eliz. 2. c. 55. | The Crown Estate Act 1961. | Section 8(1).
10 & 11 Eliz. 2 c. 38. | The Town and Country Planning Act 1962. | In section 29(8), paragraph (a).
1963 c. 23. | The Forestry (Sale of Land) (Scotland) Act 1963. | The whole Act.
1964 c. 83. | The New Forest Act 1964. | Section 13.
Part II Savings
1 The repeal of section 2 of the Forestry (Transfer of Woods) Act 1923 shall not affect any rights or liabilities of the Commissioners transferred to them under that section, in so far as any such rights and liabilities continued to subsist immediately before the commencement of this Act.
2 The repeal of section 4(5) of the Forestry Act 1945 shall not be taken as affecting the Minister’s obligation to hold land subject to any terms and conditions applicable by virtue of that subsection, so far as any obligation arising under that subsection continued to subsist immediately before the commencement of this Act; nor shall the said repeal alter the construction of any conveyance, lease or other instrument for whose construction the subsection had effect immediately before the said commencement.
3 The repeal of sections 1 to 4 of the Forestry Act 1947 shall not affect the application of any of those sections, or any part of them, for the purposes of—
the National Parks and Access to the Countryside Act 1949,
the Highways (Provision of Cattle Grids) Act 1950, or
the Highways Act 1959.
4 Notwithstanding the repeal of section 8(1) of the Crown Estate Act 1961, the powers of the Minister over land transferred as mentioned in that subsection shall not be subject to any restrictions which may have applied to the land as being part of the Royal forests, parks and chases or any of them.
Propose a change