SCHEDULE 14 Right to enter and survey land: consequential amendments
Section 179
Defence Act 1842 (5 & 6 Vict c. 94)
1 In section 16 of the Defence Act 1842, at the end insert—
(3) A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
Coast Protection Act 1949 (12 & 13 Geo 6 c. 74)
2 In section 25 of the Coast Protection Act 1949, after subsection (1) insert—
(1A) A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
National Parks and Access to the Countryside Act 1949 (12, 13 & 14 Geo 6 c. 97)
3 (1) Section 108 of the National Parks and Access to the Countryside Act 1949 is amended as follows.
(2) In subsection (1)(a), after “therein” insert “ in relation to land in Scotland ”.
(3) After subsection (1) insert—
(1A) A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
Land Powers (Defence) Act 1958 (6 & 7 Eliz 2 c. 30)
4 In section 21 of the Land Powers (Defence) Act 1958, after subsection (1) insert—
(1A) A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
Caravan Sites and Control of Development Act 1960 (8 & 9 Eliz 2 c. 62)
5 In section 26 of the Caravan Sites and Control of Development Act 1960, after subsection (1) insert—
(1A) A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
Compulsory Purchase Act 1965 (c. 56)
6 In section 11(3) of the Compulsory Purchase Act 1965 for “surveying and taking levels” substitute “ surveying, valuing or taking levels ”.
Criminal Justice Act 1972 (c. 71)
7 In the Criminal Justice Act 1972 omit section 60.
Welsh Development Agency Act 1975 (c. 70)
8 In Schedule 4 to the Welsh Development Agency Act 1975 omit paragraph 14(1).
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
9 In the Local Government (Miscellaneous Provisions) Act 1976 omit section 15.
Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
10 In section 43 of the Ancient Monuments and Archaeological Areas Act 1979, for subsection (1) substitute—
(1) Any person authorised under this section may at any reasonable time enter any land in Scotland for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that or any other land under this Act or in connection with any claim for compensation under this Act in respect of any such acquisition.
(1A) Any person authorised under this section may at any reasonable time enter any land in England and Wales or Scotland for the purpose of surveying it, or estimating its value, in connection with any claim for compensation under this Act for any damage to that or any other land.
(1B) See section 172 of the Housing and Planning Act 2016 for a power to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land.
Local Government, Planning and Land Act 1980 (c. 65)
11 (1) Section 167 of the Local Government, Planning and Land Act 1980 is amended as follows.
(2) In the heading, after “land” insert “ in Scotland ”.
(3) In subsection (1)—
(a) in paragraph (a) after “any land” insert “ in Scotland ”;
(b) in paragraph (b) after “other land” insert “ in Scotland ”.
(4) In subsection (7)—
(a) for the words before paragraph (a) substitute “ Where it is proposed to search or bore in pursuance of this section in a road within the meaning of Part 4 of the New Roads and Street Works Act 1991— ”;
(b) in paragraph (a) omit “55 or”;
(c) in paragraph (b) omit “69 or”;
(d) in paragraph (c) omit “82 or”;
(e) for the words after paragraph (c) substitute “ have effect in relation to the searching or boring as if they were road works within the meaning of Part 4 of that Act. ”
(5) In subsection (9)—
(a) for “Upper Tribunal” substitute “ Lands Tribunal for Scotland ”;
(b) for the words from “section 4” to “costs)” substitute “ sections 9(2) to (5) and 11 of the Land Compensation (Scotland) Act 1963 (procedure and expenses) ”.
(6) Omit subsection (13).
Highways Act 1980 (c. 66)
12 In section 289 of the Highways Act 1980, after subsection (1) insert—
(1A) A person may not be authorised under subsection (1) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
New Towns Act 1981 (c. 64)
13 In section 73(1) of the New Towns Act 1981 omit paragraph (b) (and the “or” before it).
Civil Aviation Act 1982 (c. 16)
14 (1) Section 50 of the Civil Aviation Act 1982 is amended as follows.
(2) In subsection (1), for paragraph (e) substitute—
(e) in any case not falling within paragraphs (a) to (d) above where the Secretary of State has made an order under or in pursuance of this Part of this Act—
(i) authorising the compulsory purchase of land,
(ii) providing for the creation in favour of a particular person of a right in or in relation to land, or
(iii) declaring that an area of land shall be subject to control by directions.
(f) in any case not falling within paragraphs (a) to (d) above where the Secretary of State is considering making an order under or in pursuance of this Part of this Act—
(i) authorising the compulsory purchase of land in Scotland or Northern Ireland,
(ii) providing for the creation in favour of a particular person of a right in or in relation to land in Scotland or Northern Ireland, or
(iii) declaring that an area of land in England and Wales, Scotland or Northern Ireland shall be subject to control by directions.
(3) In subsection (3)(e), after “(1)(e)” insert “ or (f) ”.
(4) In subsection (4)(b), after “(1)(e)” insert “ or (f) ”.
(5) In subsection (7)(c), after “(1)(e)” insert “ or (f) ”.
Industrial Development Act 1982 (c. 52)
15 In section 14 of the Industrial Development Act 1982 omit subsection (6).
Housing Act 1985 (c. 68)
16 In section 54 of the Housing Act 1985, after subsection (2) insert—
(3) A person may not be authorised by a local housing authority under subsection (1)(a) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
Local Government and Housing Act 1989 (c. 42)
17 In section 97 of the Local Government and Housing Act 1989, after subsection (1) insert—
(1A) A person may not be authorised by a local housing authority under subsection (1)(a) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
Electricity Act 1989 (c. 29)
18 In Schedule 4 to the Electricity Act 1989, in paragraph 10, after sub-paragraph (1) insert—
(1A) A person may not be authorised under sub-paragraph (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
Town and Country Planning Act 1990 (c. 8)
19 In section 324 of the Town and Country Planning Act 1990 omit subsection (6).
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
20 In section 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 omit subsection (5).
Land Drainage Act 1991 (c. 59)
21 In section 64 of the Land Drainage Act 1991, after subsection (1) insert—
(1A) A person may not be authorised under subsection (1)(a) or (b) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
Water Industry Act 1991 (c. 56)
22 (1) Section 169 of the Water Industry Act 1991 is amended as follows.
(2) In subsection (2) omit paragraph (a) (and the “or” at the end of it).
(3) In subsection (4), for the words before paragraph (a) substitute “ The powers conferred by this section or section 172 of the Housing and Planning Act 2016 shall not be exercised on behalf of a water undertaker in any case for purposes connected with the determination of— ”.
Water Resources Act 1991 (c. 57)
23 (1) Section 171 of the Water Resources Act 1991 is amended as follows.
(2) In subsection (2) omit paragraph (a) (and the “or” at the end of it).
(3) In subsection (4), for the words before paragraph (a) substitute “ The powers conferred by this section or section 172 of the Housing and Planning Act 2016 shall not be exercised on behalf of the Agency or the NRBW in any case for purposes connected with the determination of— ”.
Environment Act 1995 (c. 25)
24 (1) Schedule 8 to the Environment Act 1995 is amended as follows.
(2) In paragraph 1(2) omit paragraph (b).
(3) In paragraph 2(3)—
(a) at the end of paragraph (a) insert “ and ”;
(b) omit paragraph (c) (and the “and” before it).
Greater London Authority Act 1999 (c. 29)
25 In the Greater London Authority Act 1999 omit section 333ZD.
Postal Services Act 2000 (c. 26)
26 In Schedule 6 to the Postal Services Act 2000, in paragraph 2, after sub-paragraph (2) insert—
(2A) A person may not be authorised under sub-paragraph (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
Housing and Regeneration Act 2008 (c. 17)
27 In the Housing and Regeneration Act 2008 omit sections 17 and 18.
Localism Act 2011 (c. 20)
28 In the Localism Act 2011 omit section 210.
SCHEDULE 15 Notice of general vesting declaration procedure
Section 183
New notice requirements
1 The Acquisition of Land Act 1981 is amended as follows.
2 (1) Section 15 (compulsory purchase order: confirmation notice) is amended as follows.
(2) In subsection (4), after paragraph (d) insert—
(e) containing a prescribed statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981;
(f) inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the acquiring authority information about the person's name, address and interest in land, using a prescribed form.
(3) After subsection (5) insert—
(6) The acquiring authority must send the confirmation notice to the Chief Land Registrar and it shall be a local land charge.
3 (1) Paragraph 6 of Schedule 1 (purchase by Minister: notices after making of order) is amended as follows.
(2) In sub-paragraph (4), after paragraph (d) insert—
(e) containing a prescribed statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981;
(f) inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the acquiring authority information about the person's name, address and interest in land, using a prescribed form.
(3) After sub-paragraph (5) insert—
(6) The Minister must send the making notice to the Chief Land Registrar and it shall be a local land charge.
Consequential amendments
4 The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows.
5 Omit section 3 (preliminary notices).
6 In section 5, omit subsection (1) (earliest date for execution of declaration following preliminary notice etc).
7 In section 6 (notices after execution of declaration), in subsection (1)(b), for “section 3(1) above” substitute “ section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981 ”.
Power to make corresponding amendments elsewhere
8 (1) The Secretary of State may by regulations amend any legislation in connection with the compulsory acquisition of land for the purpose of making amendments which correspond to the amendments made by this Schedule.
(2) “Legislation” means any provision made by or under an Act passed or made before this Act or in the same Session.
SCHEDULE 16 Abolition of alternative possession procedure following notice to treat
Section 190
Land Compensation Act 1961 (c. 33)
1 In section 5A of the Land Compensation Act 1961—
(a) in subsection (6) omit paragraph (b);
(b) in subsection (9)(b) omit “under Schedule 3 to that Act or”.
Compulsory Purchase Act 1965 (c. 56)
2 The Compulsory Purchase Act 1965 is amended as follows.
3 In section 11 omit subsection (2).
4 In section 12(6) omit “, or have paid it into court under Schedule 3 to this Act by way of security,”.
5 In section 37 for “Subsections (1) and (2)” substitute “ Subsection (1) ”.
6 Omit Schedule 3.
Forestry Act 1967 (c. 10)
7 In Schedule 5 to the Forestry Act 1967, in paragraph 11(3), omit paragraph (b).
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)
8 In Schedule 3 to the Agriculture (Miscellaneous Provisions) Act 1968, in paragraph 5(b), omit “and Schedule 3”.
Land Compensation Act 1973 (c. 26)
9 The Land Compensation Act 1973 is amended as follows.
10 In section 33A(4) omit paragraph (b).
11 In section 52ZC(7)(c) for “, any bond under Schedule 3 to that Act or” substitute “ or any bond under ”.
12 In section 52A—
(a) in subsection (1), omit “Schedule 3 to that Act or”;
(b) in subsection (9), omit “under Schedule 3 to that Act or”.
13 In section 57(1) omit “, under Schedule 3 to the Compulsory Purchase Act 1965”.
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
14 In section 29(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976 omit “or 3”.
Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
15 In section 36(1)(b) of the Ancient Monuments and Archaeological Areas Act 1979 omit “or (2)”.
Planning and Compensation Act 1991 (c. 34)
16 In section 80(2) of the Planning and Compensation Act 1991 omit “or Schedule 3 to the Compulsory Purchase Act 1965”.
Planning Act 2008 (c. 29)
17 In section 125 of the Planning Act 2008, in subsection (3), omit paragraph (c).
SCHEDULE 17 Objection to division of land following notice to treat
Section 199
PART 1 Amendments to Compulsory Purchase Act 1965
1 The Compulsory Purchase Act 1965 is amended as follows.
2 In section 8 (material detriment arising from severance of land etc.), for subsection (1) substitute—
(1) Schedule 2A makes provision in respect of a proposal by an acquiring authority to acquire part only of a—
(a) house, building or factory, or
(b) park or garden belonging to a house.
3 After Schedule 2 insert—
SCHEDULE 2A
Counter-notice requiring purchase of land not in notice to treat
Section 8
PART 1 Counter-notice where acquiring authority has not taken possession
Introduction
1 (1) This Part applies where an acquiring authority—
(a) serve a notice to treat in respect of part only of a house, building or factory,
(b) have not entered on and taken possession of the land to which the notice to treat relates, and
(c) have not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of the land to which the notice to treat relates.
(2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).
2 This Part does not apply by virtue of a notice to treat that is deemed to have been served in respect of part only of a house, building or factory under section 154(5) of the Town and Country Planning Act 1990 (deemed notice to treat in relation to blighted land).
3 In this Part—
“additional land” means the part of the house, building, or factory not specified in the notice to treat;
“house” includes any park or garden belonging to a house;
“land proposed to be acquired” means the part of the house, building or factory specified in the notice to treat;
“whole of the land” means the land proposed to be acquired and the additional land.
Counter-notice requiring authority to purchase whole of land
4 A person who is able to sell the whole of the land (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner's interest in the whole of the land.
5 A counter-notice under this Part must be served within—
(a) the period of 28 days beginning with the day on which the notice to treat was served, or
(b) if it would end earlier, the period specified in a repeat notice of entry served in accordance with section 11A.
Effect of counter-notice on notice of entry
6 If the owner serves a counter-notice—
(a) any notice of entry under section 11(1) that has already been served on the owner in respect of the land proposed to be acquired ceases to have effect, and
(b) the acquiring authority may not serve a notice of entry (or a further notice of entry) on the owner under section 11(1) in respect of that land unless they are permitted to do so by paragraph 11 or 12.
Acquiring authority must respond to counter-notice within three months
7 On receiving a counter-notice the acquiring authority must decide whether to—
(a) withdraw the notice to treat,
(b) accept the counter-notice, or
(c) refer the counter-notice to the Upper Tribunal.
8 The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).
9 If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.
10 If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.
Effects of accepting counter-notice or referring it to the Upper Tribunal
11 If the acquiring authority serve notice of a decision to accept the counter-notice—
(a) the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the whole of the land, and
(b) the authority may serve a notice of entry under section 11(1) in relation to the whole of the land.
12 If the acquiring authority serve notice of a decision to refer the counter-notice to the Upper Tribunal, the acquiring authority may serve a notice of entry under section 11(1) on the owner in relation to the land proposed to be acquired.
13 If the authority have already served one or more notices of entry under section 11(1) in respect of the land proposed to be acquired the period specified in any new notice of entry in relation to that land must be a period that ends no earlier than the end of the period in the most recent notice of entry.
PART 2 Counter-notice where authority has taken possession
Introduction
14 (1) This Part applies where an acquiring authority—
(a) have entered on and taken possession of part only of a house, building or factory,
(b) did not enter on and take possession of the land in accordance with section 11(1), whether because they had not served a notice to treat or otherwise, and
(c) have not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of the land which they have entered on and taken possession of.
(2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).
15 This Part does not apply if the acquiring authority are deemed to have served a notice to treat in respect of the land proposed to be acquired under section 154(5) of the Town and Country Planning Act 1990 (deemed notice to treat in relation to blighted land).
16 In this Part—
“additional land” means the part of the house, building, or factory that the authority have not entered on and taken possession of;
“house” includes any park or garden belonging to a house;
“land proposed to be acquired” means the part of the house, building or factory that the authority entered on and took possession of otherwise than in accordance with section 11(1);
“whole of the land” means the land proposed to be acquired and the additional land.
Counter-notice requiring authority to purchase additional land
17 A person who is able to sell the whole of the land (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner's interest in the whole of the land.
18 A counter-notice under this Part must be served within the period of 28 days beginning with the day on which—
(a) the owner first had knowledge that the acquiring authority had entered on and taken possession of the land, or
(b) if later, the owner receives any notice to treat.
Acquiring authority must respond to counter-notice within 3 months
19 On receiving a counter-notice the acquiring authority must decide whether to—
(a) accept the counter-notice, or
(b) refer the counter-notice to the Upper Tribunal.
20 The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).
21 If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.
22 If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to accept the counter-notice at the end of that period.
Effects of accepting counter-notice
23 (1) This paragraph applies where the acquiring authority serve notice of a decision to accept the counter-notice.
(2) The compulsory purchase order has effect as if it included the owner's interest in the additional land.
(3) If the acquiring authority have already served a notice to treat in relation to the land proposed to be acquired, the notice has effect as if it also included the owner's interest in the additional land.
(4) If the acquiring authority have not served a notice to treat, they must serve a notice to treat in relation to the owner's interest in the whole of the land.
PART 3 Determination by the Upper Tribunal
Introduction
24 This Part applies where, in accordance with paragraph 9 or 21, the acquiring authority refer a counter-notice to the Upper Tribunal.
25 In this Part “land proposed to be acquired” and “additional land” have the meanings given by paragraph 3 or 16 as the case may be.
Role of the Upper Tribunal
26 (1) The Upper Tribunal must determine whether the severance of the land proposed to be acquired would—
(a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or
(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.
(2) In making its determination, the Upper Tribunal must take into account—
(a) the effect of the severance,
(b) the proposed use of the land proposed to be acquired, and
(c) if that land is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.
27 If the Upper Tribunal determines that the severance of the land proposed to be acquired would have either of the consequences described in paragraph 26(1) it must determine how much of the additional land the acquiring authority ought to be required to take in addition to the land proposed to be acquired.
Effect of determination that more land should be acquired
28 (1) This paragraph applies where the Upper Tribunal determines that the acquiring authority ought to be required to take the whole or part of the additional land.
(2) The compulsory purchase order has effect as if it included the owner's interest in the additional land.
(3) If the acquiring authority have already served a notice to treat in relation to the land proposed to be acquired, the notice has effect as if it also included the owner's interest in the additional land.
(4) If the acquiring authority have not served a notice to treat, they must serve a notice to treat in relation to the owner's interest in the land proposed to be acquired and the additional land.
(5) If the acquiring authority have already entered on and taken possession of the land proposed to be acquired, the power to award compensation under section 7 includes power to award compensation for any loss suffered by the owner by reason of the temporary severance of the land from the additional land.
(6) Where the Upper Tribunal determines that the acquiring authority ought to be required to take part only of the additional land, a reference in sub-paragraph (2) to (5) to “the additional land” is to that part.
Withdrawal of notice to treat following determination
29 (1) This paragraph applies where—
(a) the acquiring authority have served a notice to treat in respect of the land proposed to be acquired,
(b) the Upper Tribunal has determined that the authority ought to be required to take the whole or part of the additional land, and
(c) the authority have not yet entered on and taken possession of any of the land proposed to be acquired or the additional land.
(2) The acquiring authority may withdraw the notice to treat in respect of the whole of the land at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal made its determination.
(3) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.
(4) Any dispute as to the compensation is to be determined by the Upper Tribunal.
PART 2 Consequential amendments
Land Compensation Act 1961 (c. 33)
4 (1) Section 5A of the Land Compensation Act 1961 (relevant valuation date) is amended as follows.
(2) After subsection (5) insert—
(5A) If—
(a) the acquiring authority enters on and takes possession of land in pursuance of a notice of entry given as mentioned in paragraph 12 of Schedule 2A to the Compulsory Purchase Act 1965 (“the original land”),
(b) the acquiring authority are subsequently required by a determination under paragraph 27 of Schedule 2A to the Compulsory Purchase Act 1965 to take additional land, and
(c) the acquiring authority enters on and takes possession of that additional land,
the authority is deemed for the purposes of subsection (3)(a) to have entered on and taken possession of the additional land when it entered on and took possession of the original land.
(3) In subsection (6), for “Subsection (5) also applies” substitute “ Subsections (5), (5A) and (5B) also apply ”.
Land Compensation Act 1973 (c. 26)
5 In section 58 of the Land Compensation Act 1973 (determination of material detriment where part of house etc. subject to compulsory acquisition)—
(a) in subsection (1) omit “section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or”;
(b) omit subsection (2).
Provisions which refer to section 8(1)
6 For each of the following provisions substitute, with the same paragraph or sub-paragraph number as the provision being replaced, the provision in paragraph 7—
(a) paragraph 7 of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1976;
(b) paragraph 23(2) of Schedule 28 to the Local Government, Planning and Land Act 1980;
(c) paragraph 7 of Schedule 19 to the Highways Act 1980;
(d) paragraph 8 of Schedule 3 to the Gas Act 1986;
(e) paragraph 22 of Schedule 10 to the Housing Act 1988;
(f) paragraph 9 of Schedule 3 to the Electricity Act 1989;
(g) paragraph 4 of Schedule 9 to the Water Industry Act 1991;
(h) paragraph 4 of Schedule 18 to the Water Resources Act 1991;
(i) paragraph 4 of Schedule 1B to the Coal Industry Act 1994;
(j) paragraph 8 of Schedule 5 to the Postal Services Act 2000;
(k) paragraph 11 of Schedule 2 to the Housing and Regeneration Act 2008.
7 This is the provision to be substituted for the provisions listed in paragraph 6—
[X] Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—
SCHEDULE 2A
Counter-notice requiring purchase of land
Introduction
1 (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory.
(2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).
2 In this Schedule “house” includes any park or garden belonging to a house.
Counter-notice requiring purchase of land
3 A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory.
4 A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.
Response to counter-notice
5 On receiving a counter-notice the acquiring authority must decide whether to—
(a) withdraw the notice to treat,
(b) accept the counter-notice, or
(c) refer the counter-notice to the Upper Tribunal.
6 The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).
7 If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.
8 If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.
9 If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory.
Determination by Upper Tribunal
10 On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would—
(a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or
(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.
11 In making its determination, the Upper Tribunal must take into account—
(a) the effect of the acquisition of the right,
(b) the proposed use of the right, and
(c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.
12 If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take.
13 If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land.
14 (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.
(2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.
(3) Any dispute as to the compensation is to be determined by the Upper Tribunal.
New Towns Act 1981 (c. 64)
8 In Part 1 of Schedule 6 to the New Towns Act 1981 (modifications of the Compulsory Purchase Act 1965 for the purposes of the New Towns Act 1981), in paragraph 1(2)—
(a) at the end of paragraph (e) omit “and”, and
(b) at the end of paragraph (f) insert
;
(g) in Schedule 2A to that Act references to section 11 or 11A of that Act are to be read respectively as references to paragraph 4 or 4A of this Schedule.
Acquisition of Land Act 1981 (c. 67)
9 In the Acquisition of Land Act 1981, after section 2 insert—
Tunnels etc
2A (1) A compulsory purchase order may provide that in the following provisions, a reference to land (however expressed) does not include specified land that is at least 9 metres or more below the surface.
(2) The provisions mentioned in subsection (1) are—
(a) Schedule 2A of the Compulsory Purchase Act 1965 (objection to division of land),
(b) any substituted version of that Schedule that applies by virtue of provision made by or under any Act, and
(c) Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (objection to division of land).
Water Industry Act 1991 (c. 56)
10 In Schedule 11 to the Water Industry Act 1991 (orders conferring compulsory works powers), in paragraph 6(1)(b), for “section” substitute “ sections 2A and ”.
Water Resources Act 1991 (c. 57)
11 In Schedule 19 to the Water Resources Act 1991 (orders conferring compulsory works powers), in paragraph 6(1)(b), for “section” substitute “ sections 2A and ”.
SCHEDULE 18 Objection to division of land following vesting declaration
Section 199
PART 1 Amendments to Compulsory Purchase (Vesting Declarations) Act 1981
1 The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows.
2 In section 4 (execution of declaration), for subsection (3), substitute—
(3) For the purposes of this Act the “vesting date” in relation to any land that is actually specified in a general vesting declaration is—
(a) the first day after the end of the period specified in the declaration in accordance with subsection (1) above, or
(b) if a counter-notice is served under paragraph 2 of Schedule A1 within that period in relation to land, the day determined as the vesting date for the land in accordance with that Schedule.
(4) For the purposes of this Act, the “vesting date” for any land that is deemed to have been specified in a general vesting declaration by Schedule A1 is the day determined as the vesting date for the land in accordance with that Schedule.
3 In section 7 (constructive notice to treat), for subsection (1) substitute—
(1) On the vesting date the provisions of—
(a) the Land Compensation Act 1961 (as modified by section 4 of the Acquisition of Land Act 1981),
(b) the Compulsory Purchase Act 1965, and
(c) Schedule A1 to this Act,
shall apply as if, on the date on which the general vesting declaration was executed, a notice to treat had been served on every person on whom, under section 5 of the Compulsory Purchase Act 1965, the acquiring authority could have served such a notice, other than any person entitled to a minor tenancy or a long tenancy which is about to expire.
4 In section 8 (vesting and the right to enter on and take possession), in subsection (1), for the words before paragraph (a) substitute “ Any land specified in the general vesting declaration, together with the right to enter upon and take possession of it, shall, subject to section 9 below, vest in the acquiring authority on the vesting date in relation to that land as if— ”.
5 In section 12 (divided land), for “Schedule 1” substitute “ Schedules A1 and 1 ”.
6 Before Schedule 1 insert—
SCHEDULE A1
Counter-notice requiring purchase of land not in general vesting declaration
Section 12
PART 1 Counter-notice requiring purchase of additional land
1 (1) This Schedule applies where an acquiring authority have executed a general vesting declaration in respect of part only of a house, building or factory.
(2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).
2 A person able to sell the whole of the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the whole.
3 A counter-notice under paragraph 2 must be served before the end of the period of 28 days beginning with the day the owner first had knowledge of the general vesting declaration.
4 In a case where this Schedule applies by virtue of a general vesting declaration executed after a counter-notice has been served under paragraph 4 or 17 of Schedule 2A to the Compulsory Purchase Act 1965, that counter-notice is to have effect as a counter-notice served under this Schedule.
5 In this Schedule—
“additional land” means the part of the house, building or factory not specified in the general vesting declaration;
“house” includes any park or garden belonging to a house;
“land proposed to be acquired” means the part of the house, building or factory specified in the general vesting declaration;
“notice to treat” means a notice to treat deemed to have been served under section 7(1);
“original vesting date” is the first day after the end of the period specified in the general vesting declaration in accordance with section 4(1).
PART 2 Consequences of counter-notice
Acquiring authority must respond to counter-notice within three months
6 (1) On receiving a counter-notice the acquiring authority must decide whether to—
(a) withdraw the notice to treat in relation to the land proposed to be acquired,
(b) accept the counter-notice, or
(c) refer the counter-notice to the Upper Tribunal.
(2) But the acquiring authority may not decide to withdraw the notice to treat if the counter-notice was served on or after the original vesting date.
7 The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).
8 If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.
9 (1) This paragraph applies if the acquiring authority do not serve notice of a decision within the decision period.
(2) If the counter-notice was served before the original vesting date, the authority are to be treated as if they had served notice of a decision to withdraw the notice to treat in relation to the land proposed to be acquired.
(3) If the counter-notice was served on or after the original vesting date, they are to be treated as if they had served notice of a decision to accept it.
No vesting if notice to treat withdrawn
10 If the acquiring authority serve notice of a decision to withdraw the notice to treat in relation to the land proposed to be acquired the general vesting declaration is to have effect as if it did not include that land.
Effects of accepting counter-notice
11 (1) This paragraph applies where the acquiring authority serve notice of a decision to accept the counter-notice.
(2) The general vesting declaration and the notice to treat (and, where applicable, the compulsory purchase order) are to have effect as if they included the owner's interest in the additional land as well as in the land proposed to be acquired.
(3) The authority must serve on the owner a notice specifying the vesting date or dates for—
(a) the land proposed to be acquired (if the counter-notice was served before the original vesting date), and
(b) the additional land.
(4) The new vesting date for the land proposed to be acquired must not be before the original vesting date.
(5) The vesting date for the additional land must be after the period of 3 months beginning with the day on which the notice under sub-paragraph (3) is served.
Effects of referring counter-notice to the Upper Tribunal
12 (1) This paragraph applies where—
(a) the acquiring authority refer the counter-notice to the Upper Tribunal, and
(b) the counter-notice was served before the original vesting date.
(2) At any time before the Upper Tribunal make a determination under paragraph 14, the acquiring authority may serve notice on the owner specifying a new vesting date for the land proposed to be acquired.
(3) The new vesting date for the land proposed to be acquired must not be before the original vesting date.
PART 3 Determination by the Upper Tribunal
Introduction
13 This Part applies where, in accordance with paragraph 8, the acquiring authority refer a counter-notice to the Upper Tribunal.
Role of the Upper Tribunal
14 (1) The Upper Tribunal must determine whether the severance of the land proposed to be acquired would—
(a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or
(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.
(2) In making its determination, the Upper Tribunal must take into account—
(a) the effect of the severance,
(b) the proposed use of the land proposed to be acquired, and
(c) if that land is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.
15 If the Upper Tribunal determines that the severance of the land proposed to be acquired would have either of the consequences described in paragraph 14(1) it must determine how much of the additional land the acquiring authority ought to be required to take in addition to the land proposed to be acquired.
Effect of determination that more land should be acquired
16 (1) This paragraph applies where the Upper Tribunal specifies in its determination that the acquiring authority ought to be required to take the whole or part of the additional land (“the specified land”).
(2) The general vesting declaration and any notice to treat (and, where applicable, the compulsory purchase order) are to have effect as if they included the owner's interest in the specified land.
(3) The Upper Tribunal must order a vesting date for—
(a) the specified land, and
(b) any land proposed to be acquired which has not vested in the authority and for which no vesting date has been specified under paragraph 12.
Withdrawal of notice to treat following determination
17 (1) This paragraph applies where—
(a) the Upper Tribunal has specified in its determination that the acquiring authority ought to be required to take the whole or part of the additional land (“the specified land”), and
(b) the vesting date in relation to the land proposed to be acquired has not passed, and
(c) the vesting date in relation to the specified land has not passed.
(2) The acquiring authority may, within the period of 6 weeks beginning with the day on which the Upper Tribunal made its determination, withdraw the notice to treat in relation to the land proposed to be acquired together with the specified land.
(3) If the acquiring authority withdraws the notice to treat, the general vesting declaration is to have effect as if it did not include that land.
(4) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.
(5) Any dispute as to the compensation is to be determined by the Upper Tribunal.
7 In Schedule 1 (divided land) omit Part 1 (buildings and gardens etc).
8 In Schedule 2 (vesting of land in urban development corporation), for paragraph 4 substitute—
4 In Schedule A1, for paragraph 3 there is to be substituted—
3 A counter-notice under paragraph 2 must be served within the period of 28 days beginning with the day on which the order comes into force.
PART 2 Consequential amendments
9 In section 5A of the Land Compensation Act 1961 (relevant valuation date), after subsection (5A) (inserted by Schedule 17 to this Act) insert—
(5B) If—
(a) the land is the subject of a general vesting declaration, and
(b) the vesting date is different for different parts of the land,
the first of the vesting dates is deemed for the purposes of subsection (4)(a) to be the vesting date for the whole of the land.
SCHEDULE 19 Amendments to do with sections 203 and 204
Section 206
Welsh Development Agency Act 1975 (c. 70)
1 (1) Schedule 4 to the Welsh Development Agency Act 1975 is amended as follows.
(2) Omit paragraph 6 and the italic heading before it.
(3) In paragraph 9 omit sub-paragraph (a).
Local Government, Planning and Land Act 1980 (c. 65)
2 (1) Schedule 28 to the Local Government, Planning and Land Act 1980 is amended as follows.
(2) In paragraph 6—
(a) in sub-paragraph (1), after “work on land” insert “ in Scotland ”;
(b) omit sub-paragraph (1A);
(c) in sub-paragraph (2), omit “or (1A)”;
(d) in sub-paragraph (4)—
(i) omit “or (1A)”;
(ii) omit “section 7 or 10 of the Compulsory Purchase Act 1965 (or”
(iii) omit “, or use of,”;
(e) in sub-paragraph (7)—
(i) for “at the suit (or in Scotland at the instance)” substitute “ at the instance ”;
(ii) omit “or 1A”.
(3) In paragraph 7, for sub-paragraph (11) substitute—
(11) Nothing in this paragraph shall be construed as authorising any act or omission on the part of an urban development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the corporation, authority or body.
(4) In paragraph 9, for sub-paragraph (3) substitute—
(3) Nothing in this paragraph shall be construed as authorising any act or omission on the part of an urban development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the corporation, authority or body.
New Towns Act 1981 (c. 64)
3 The New Towns Act 1981 is amended as follows.
4 Omit section 19.
5 In section 20, for subsection (10) substitute—
(10) Nothing in this section shall be construed as authorising any act or omission on the part of a development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the corporation, authority or body.
6 In section 21, for subsection (3) substitute—
(3) Nothing in this section shall be construed as authorising any act or omission on the part of a development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the corporation, authority or body.
Housing Act 1988 (c. 50)
7 (1) Schedule 10 to the Housing Act 1988 is amended as follows.
(2) Omit paragraph 5 and the italic heading before it.
(3) In paragraph 6, for sub-paragraph (11) substitute—
(11) Nothing in this paragraph shall be construed as authorising any act or omission on the part of a housing action trust, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the trust or body.
(4) In paragraph 7, for sub-paragraph (3) substitute—
(3) Nothing in this paragraph shall be construed as authorising any act or omission on the part of a housing action trust, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the trust or body.
Town and Country Planning Act 1990 (c. 8)
8 The Town and Country Planning Act 1990 is amended as follows.
9 Omit section 237.
10 In section 245(4), omit paragraph (a).
11 In section 246(2), for “237” substitute “ 238 ”.
Greater London Authority Act 1999 (c. 29)
12 (1) Section 333ZB of the Greater London Authority Act 1999 is amended as follows.
(2) For subsection (1) substitute—
(1) Schedule 3 to the Housing and Regeneration Act 2008 (powers in relation to land acquired by the Homes and Communities Agency) applies in relation to the Authority and land held by it for the purposes of housing or regeneration as it applies in relation to the Homes and Communities Agency and its land.
(3) In subsection (2)—
(a) insert “ , and ” at the end of paragraph (a);
(b) omit paragraph (aa) and the “and” at the end of it.
(4) In the heading, omit “acquired or”.
Planning Act 2008 (c. 29)
13 The Planning Act 2008 is amended as follows.
14 In section 194, omit subsection (1).
15 Omit Schedule 9.
Housing and Regeneration Act 2008 (c. 17)
16 In Schedule 3 to the Housing and Regeneration Act 2008, omit Part 1.
Localism Act 2011 (c. 20)
17 In section 208 of the Localism Act 2011, for subsection (1) substitute—
(1) Schedule 3 to the Housing and Regeneration Act 2008 (powers, in relation to land of the Homes and Communities Agency, to extinguish public rights of way, and in relation to burial grounds and consecrated land) applies in relation to an MDC and its land as it applies in relation to the Homes and Communities Agency and its land.
Infrastructure Act 2015 (c. 7)
18 In section 32 of the Infrastructure Act 2015, omit subsections (6), (7), (8) and (10).