(1) Subject to the provisions of this section, any notice or other document required or authorised to be served or given under Part III ... of this Act may be served or given either—
(a) by delivering it to the person on whom it is to be served or to whom it is to be given; or
(b) by leaving it at the usual or last known place of abode of that person, or, in a case in which an address for service has been furnished by that person, at that address; or
(c) by sending it in a pre-paid registered letter addressed to that person at his usual or last known place of abode, or, in a case in which an address for service has been furnished by that person, at that address; or
(d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a pre-paid registered letter addressed to the secretary or clerk of the company or body at that office.
(2) Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, the notice shall be deemed to be duly served if—
(a) being addressed to him either by name or by the description of “the owner” of the premises (describing them) it is delivered or sent in the manner mentioned in paragraph (a), (b) or (c) of subsection (1) of this section; or
(b) being addressed as aforesaid and marked in the manner for the time being prescribed by regulations under the Town and Country Planning Act 1971, for securing that notices thereunder are plainly identifiable as a communication of importance, it is sent in a pre-paid registered letter to the premises and is not returned to the authority sending it, or is delivered to some person on those premises or is affixed conspicuously to some object on those premises.
(3) Any communication required or authorised to be sent to a person under this Act may be sent to an email address or uploaded to a website at which the person has agreed in writing to receive communications for the purposes of the claim for compensation.
(4) Any communication required or authorised under this Act to be sent to—
(a) an acquiring authority,
(b) a confirming authority, or
(c) a local planning authority,
may also be sent electronically by a method mentioned in subsection (5).
(5) The methods are—
(a) sending the communication to an appropriate email address, or
(b) uploading the communication to an appropriate website.
(6) For the purposes of subsection (5)—
(a) an email address or website is an appropriate one if the person to whom the communication is to be sent has—
(i) provided the email address or details of the website to the sender for the purposes of communicating with them about the claim for compensation, or
(ii) published the fact that the email address or the website may be used for those purposes;
(b) an email address is also an appropriate one if the person to whom the communication is to be sent has previously used it for the purposes of communicating with the sender about the claim for compensation.
(7) A communication sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent.
(8) In this section—
“confirming authority” has the same meaning as in Schedule 2A (see paragraph 9 of that Schedule);
“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
(9) This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.
(1) In this Act, except where the context otherwise requires,—
“acquiring authority”, in relation to an interest in land, means the person or body of persons by whom the interest is, or is proposed to be, acquired;
“authority possessing compulsory purchase powers”, where it occurs otherwise than in relation to a transaction, means any person or body of persons who could be or have been authorised to acquire an interest in land compulsorily, and, in relation to any transaction, means any person or body of persons who could be or have been so authorised for the purposes for which the transaction is or was effected or a parish council community council or parish meeting on whose behalf district council, county council or county borough council could be or have been so authorised;
“building” includes any structure or erection and any part of a building as so defined, but does not include plant or machinery comprised in a building;
“the current development plan”, in relation to any land, means a development plan comprising that land, in the form in which (whether as originally approved or made . . . or as for the time being amended) that plan is in force on the date of service of the notice to treat;
“development” has the meaning assigned to it by section 22 of the Town and Country Planning Act 1971, and “develop” shall be construed accordingly;
“development order” means an order under subsection (1) of section 24 of the Town and Country Planning Act 1971;
“development plan” has the meaning assigned to it by section five of the Town and Country Planning Act 1947, and includes a plan made under subsection (5) of that section;
“enactment” includes an enactment in any local or private Act of Parliament and an order, rule, regulation, byelaw or scheme made under an Act of Parliament.
“land” means any corporeal hereditament, including a building as defined by this section, and includes any interest or right in or over land and any right to water;
“local enactment” means any local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure;
“local planning authority” shall be construed in accordance with Part I of the Town and Country Planning Act 1990;
“the Minister” means the Secretary of State;
“outline application” means an application for planning permission subject to subsequent approval on any matters;
“planning decision” means a decision made on an application under Part III of the Town and Country Planning Act 1971;
“planning permission” means permission under Part III of the Town and Country Planning Act 1971;
“special enactment” means a local enactment, or a provision contained in an Act other than a local or private Act, being a local enactment or provision authorising the compulsory acquisition of land specifically identified therein;
“tenancy” has the same meaning as in the Landlord and Tenant Act 1954.
(2) In this Act, in relation to a compulsory acquisition in pursuance of a notice to treat, “the relevant interest” means the interest acquired in pursuance of that notice, “the relevant land” means the land in which the relevant interest subsists, and “the notice to treat” means the notice to treat in pursuance of which the relevant interest is acquired.
(3) As respects references in this Act to planning decisions—
(a) in relation to a decision altered on appeal by the reversal or variation of the whole or any part thereof, such references shall be construed as references to the decision as so altered;
(b) in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the local planning authority and not to the decision of the Minister on the appeal;
(c) in relation to a decision given on an appeal made by virtue of section 37 of the Town and Country Planning Act 1971, in default of a decision by the local planning authority, such references shall be construed as references to the decision so given;
(d) the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the local planning authority, whether or not that decision is or was altered as aforesaid on that appeal, or, in the case of such a decision as is mentioned in paragraph (c) of this subsection, the time when by virtue of section 37 of the Town and Country Planning Act 1971, the notification of a decision by the local planning authority is deemed to have been given.
(4) References in this Act to a contract are references to a contract in writing or a contract attested by a memorandum or note thereof in writing, signed by the parties thereto or by some other person or persons authorised by them in that behalf, and, in relation to an interest in land conveyed or assigned without a preliminary contract, are references to the conveyance or assignment; and references to the making of a contract are references to the execution thereof or (if it was not in writing) to the signature of the memorandum or note by which it was attested.
(5) References in this Act—
(a) to a person from whom title is derived by another person include references to any predecessor in title of that other person;
(b) to a person deriving title from another person include references to any successor in title of that other person;
(c) to deriving title are references to deriving title either directly or indirectly.
(6) For the purposes of this Act, a person entitled to two interests in land shall be taken to be entitled to them in the same capacity if, but only if, he is entitled—
(a) to both of them beneficially, or
(b) to both of them as trustee of one particular trust, or
(c) to both of them as personal representative of one particular person.
(7) For the purposes of this Act development of land shall be taken to be initiated—
(a) if the development consists of the carrying out of operations, at the time when those operations are begun;
(b) if the development consists of a change in use, at the time when the new use is instituted;
(c) if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in the preceding paragraphs.
(8) References in this Act to a notice to treat include references to a notice to treat which, under any enactment, is deemed to have been served, and references to the service of such a notice and to the date of service shall be construed accordingly.
(9) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any other enactment.
40 †Consequential amendments, repeals, and transitional provisions.
(1) Any enactment or document referring to an enactment repealed by this Act shall be construed as referring to the corresponding enactment in this Act.
(2) Without prejudice to the generality of subsection (1) of this section—
(a) any enactment excluding the power conferred by subsection (2) of section five of the Acquisition of Land (Assessment of Compensation) Act 1919, to withdraw notices to treat shall be construed as excluding any such power conferred by section thirty-one of this Act; and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The mention of particular matters in this section shall not be taken to affect the general application to this Act of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41 Saving for transactions before commencement of Act.
This Act (including the amendments and repeals made by it) shall not have effect in relation to any compulsory acquisition in pursuance of a notice to treat served before the commencement of this Act . . . ; nor in relation to any sale of an interest in land by agreement in pursuance of a contract made before the commencement of this Act.
(1) This Act may be cited as the Land Compensation Act 1961.
(2) This Act shall come into operation on the first day of August, nineteen hundred and sixty-one.
(3) This Act does not extend to Scotland or Northern Ireland.
Schedule 2A Additional compensation where section 14A applied
Section 14A(6)
Directions for additional compensation
1 (1) This paragraph applies if—
(a) an interest in land has been acquired further to a compulsory purchase order, and
(b) the order directed that compensation was to be assessed in accordance with section 14A.
(2) The confirming authority must, on an application by an eligible person, make a direction for additional compensation if it appears to the confirming authority that the following conditions are met.
(3) Those conditions are—
(a) that the statement of commitments has not been fulfilled,
(b) either—
(i) that the period of 10 years beginning with the date on which the compulsory purchase order became operative has expired, or
(ii) that there is no longer any realistic prospect of the statement of commitments being fulfilled within that period, and
(c) that the initial direction would not have been confirmed on the basis of a statement of commitments reflecting what has in fact been done with the project land since its acquisition.
(4) In sub-paragraph (3)—
“the statement of commitments” means the statement of commitments submitted in connection with the compulsory purchase order under section 15A(3) of the Acquisition of Land Act 1981 (and if the statement was amended after its submission, means the statement as amended);
“the initial direction” means the direction referred to in sub-paragraph (1)(b) (and that direction was “confirmed” when the compulsory purchase order was confirmed with the inclusion of the direction);
“the project land” means the land treated as the project land for the purposes of the statement of commitments;
and that statement is “fulfilled” if what is done with that land after its acquisition is materially in accordance with the statement.
(5) The effect of a direction for additional compensation is that each eligible person may make a claim to the acquiring authority for any additional compensation in respect of the acquisition payable to the person under this Schedule.
(6) A person is an “eligible person” for the purposes of this Schedule if the person was entitled to compensation in respect of the acquisition (and see also paragraph 4(1)).
Power to appoint inspector
1A (1) A confirming authority may appoint a person (“an inspector”) to exercise the functions of the confirming authority in relation to an application made to it under paragraph 1(2).
(2) Where a confirming authority appoints an inspector under sub-paragraph (1), the confirming authority must inform—
(a) the acquiring authority, and
(b) the person who made the application.
(3) A decision by an inspector as to whether the conditions in paragraph 1(3) are met is to be treated as a decision by the confirming authority.
(4) A direction under paragraph 1(2) made by an inspector is to be treated as a direction of the confirming authority.
(5) The confirming authority may at any time—
(a) revoke its appointment of an inspector, and
(b) appoint another inspector.
(6) If the confirming authority revokes its appointment of an inspector while the inspector is exercising functions in relation to an application made under paragraph 1(2) and does not replace the inspector, the confirming authority must give the reasons for doing so—
(a) to the inspector whose appointment has been revoked, and
(b) to all those informed under sub-paragraph (2).
(7) Where in any enactment there is a provision that applies in relation to a confirming authority exercising functions in relation to an application under paragraph 1(2), that provision is to be read as applying equally in relation to an inspector so far as the context permits.
Amount of additional compensation
2 (1) Additional compensation in respect of an acquisition is payable to an eligible person only if, in relation to that person, the alternative amount is greater than the original amount.
(2) The amount payable is the difference between the two amounts.
(3) The “original amount” is the amount of compensation awarded or agreed to be paid to the person in respect of the acquisition.
(4) The “alternative amount” is the amount of compensation that would have been assessed as due to the person in respect of the acquisition had compensation been assessed without the application of section 14A.
(5) If the original amount was agreed, the relevant valuation date for the purposes of the assessment imagined under sub-paragraph (4) is the date on which the agreement was concluded.
(6) In relation to the determination of an amount of additional compensation under this Schedule, section 17(2)(b) applies as if its reference to the amount of compensation were to the amount of additional compensation.
(7) A certificate issued under section 17 (or 18) after the award or agreement referred to in sub-paragraph (3) is to have effect for the purposes of the assessment imagined under sub-paragraph (4) as if it had been issued before that assessment.
(8) Any amount of compensation that is or would be attributable to disturbance, severance or injurious affection is to be ignored for the purposes of sub-paragraphs (3) and (4).
Time limit for application for direction
3 An application under paragraph 1(2) may not be made after the expiry of the period of 13 years beginning with the date on which the compulsory purchase order became operative.
Mortgages
4 (1) For the purposes of this Schedule an “eligible person” includes a person who would have been entitled to compensation in respect of the acquisition but for the existence of a mortgage (but the mortgage is in that case still to be taken into account in determining the original and alternative amounts under paragraph 2).
(2) An amount agreed or awarded to be paid to a mortgagee under section 15 or 16 of the Compulsory Purchase Act 1965 in respect of the acquisition is to be treated for the purposes of this Schedule as compensation in respect of the acquisition.
(3) The reference in sub-paragraph (2) to an amount paid under section 15 or 16 of the Compulsory Purchase Act 1965 (“the applicable section”) includes an amount paid under section 52ZA or 52ZB of the Land Compensation Act 1973 and taken into account by virtue of section 52ZC(7)(d) of that Act for the purposes of the applicable section.
(4) Additional compensation payable under this Schedule to a person in the person’s capacity as a mortgagee (or to a person exercising rights of a mortgagee) is to be applied towards the discharge of the sums secured by the mortgage.
(5) If there is no remaining sum secured by the mortgage, the additional compensation that would be payable as described in sub-paragraph (4) is instead payable to the person who is an eligible person by virtue of the interest that was subject to the mortgage.
(6) If the additional compensation that would be payable as described in sub-paragraph (4) exceeds the total of the remaining sums secured by the mortgage, the amount of the excess is instead payable to the person who is an eligible person by virtue of the interest that was subject to the mortgage.
Successors-in-title
5 (1) This paragraph applies if, had the compensation to which an eligible person was entitled in respect of the acquisition remained unpaid, the right to be paid it would now vest in some other person (assuming that it remained enforceable and any obligations in respect of the right had been complied with).
(2) If the eligible person is still alive or in existence, the rights that the eligible person would have under this Schedule are exercisable by the other person and not by the eligible person.
(3) If the eligible person is no longer alive or in existence, the rights that the eligible person would have under this Schedule if that person were still alive or in existence are exercisable by the other person.
(4) The right exercisable by the other person under sub-paragraph (2) or (3) is subject to any restriction, condition or other incident to which the right vested in that person as imagined under sub-paragraph (1) would be subject.
(5) Additional compensation paid to the other person by virtue of sub-paragraph (2) or (3) must be dealt with by the person in any way in which the person would have to deal with compensation paid to that person further to the right vested in that person as imagined under sub-paragraph (1).
(6) If a person is an eligible person by virtue of paragraph 4(1), the reference in sub-paragraph (1) to compensation to which the person was entitled is to be read as a reference to the compensation to which the person would have been entitled but for the mortgage.
Consequential losses
6 (1) The relevant authority may by regulations provide for additional compensation payable on a claim under paragraph 1(5) to include (in addition to any amount payable under paragraph 2) an amount to make good qualifying losses.
(2) “Qualifying losses” are financial losses shown to have been suffered by an eligible person, or a person entitled to exercise the rights of the eligible person under paragraph 5, as a result of the compensation initially payable to the eligible person in respect of the acquisition being of the original amount rather than the alternative amount.
(3) In the case of an eligible person who is so by virtue of an interest that was subject to a mortgage, the reference in sub-paragraph (2) to compensation payable to the eligible person is to be taken to include compensation payable to the mortgagee of that interest.
(4) Regulations under this paragraph may limit the qualifying losses in respect of which additional compensation is payable under the regulations by reference to—
(a) a description of loss,
(b) an amount, or
(c) any other circumstance.
Procedure etc
7 (1) The relevant authority may by regulations make provision—
(a) about the procedure for applications under paragraph 1(2) or claims under paragraph 1(5) (including provision about the costs of such applications or claims);
(b) about steps that must be taken by the acquiring authority or the confirming authority or an inspector for the purposes of publicising or giving notice of a direction for additional compensation;
(c) for interest to be applied to amounts of additional compensation that are payable;
(d) about how or when additional compensation (and any interest) is to be paid.
(2) Regulations under this paragraph about costs of claims under paragraph 1(5)—
(a) may modify or disapply section 29 of the Tribunals, Courts and Enforcement Act 2007 (costs or expenses) or provisions in Tribunal Procedure Rules relating to costs;
(b) may apply (with or without modifications) section 4 of this Act;
and section 4 of this Act does not apply in relation to such a claim unless so applied.
Regulations
8 (1) For the purposes of this Schedule “the relevant authority” is—
(a) the Secretary of State, in relation to England;
(b) the Welsh Ministers, in relation to Wales.
(2) Regulations under this Schedule may make—
(a) consequential, supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes.
(3) Regulations under this Schedule are to be made by statutory instrument.
(4) A statutory instrument containing such regulations is subject to annulment in pursuance of—
(a) a resolution of either House of Parliament, in the case of regulations made by the Secretary of State, or
(b) a resolution of Senedd Cymru, in the case of regulations made by the Welsh Ministers.
Interpretation
9 (1) In this Schedule—
(a) “the confirming authority” means—
(i) the person who confirmed the compulsory purchase order, or
(ii) any successor to that person’s function of confirming compulsory purchase orders of the type in question;
(b) references to “the acquisition” or “the compulsory purchase order” are to the acquisition or order by virtue of which paragraph 1 applies;
(c) references to the acquisition of an interest in land include—
(i) the creation of such an interest, and
(ii) the acquisition or creation of a right in or over land;
and references to interests in land are to be read accordingly.
(2) In the case of a compulsory purchase order made under section 10(1) of, and Part 1 of Schedule 4 to, the New Towns Act 1981 (compulsory acquisition by new town development corporation in usual cases), the reference in paragraph 1(4) to section 15A(3) of the Acquisition of Land Act 1981 is to be read as a reference to paragraph 5A(2) of Schedule 4 to the New Towns Act 1981.
(3) In the case of a compulsory purchase order made under section 13(1)(a) of, and Part 1 of Schedule 5 to, the New Towns Act 1981 (compulsory acquisition by new town development corporation of statutory undertakers’ operational land)—
(a) the reference in paragraph 1(4) to section 15A(3) of the Acquisition of Land Act 1981 is to be read as a reference to paragraph 5A(2) of Schedule 5 to the New Towns Act 1981, and
(b) the references in paragraph 1(4) and sub-paragraph (1)(a) to the confirmation of the order are to be read as references to the making of the order.
(4) In the case of a compulsory purchase order made under section 21A(1)(b) or (2)(b) of the Welsh Development Agency Act 1975 (compulsory acquisition by Welsh Ministers of land in Wales for Welsh development purposes)—
(a) the reference in paragraph 1(4) to submission under section 15A(3) of the Acquisition of Land Act 1981 is to be read as a reference to preparation under paragraph 3B(2) of Schedule 4 to the Welsh Development Agency Act 1975, and
(b) the references in paragraph 1(4) and sub-paragraph (1)(a) to the confirmation of the order are to be read as references to the making of the order.
(5) If—
(a) an interest in land is acquired further to section 154(2) of the Town and Country Planning Act 1990 (deemed compulsory acquisition further to blight notice), and
(b) the land falls within paragraph 22 of Schedule 13 to that Act (land blighted by compulsory purchase order),
the interest is to be treated for the purposes of this Schedule as having been acquired further to the compulsory purchase order by virtue of which the land falls within that paragraph.