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Compulsory Purchase Act 1965 (c. 56)

Compulsory Purchase Act 1965 1965 CHAPTER 56 An Act to consolidate the Lands Clauses Acts as applied by Part I of Schedule 2 to the Acquisition of Land (Authorisation Procedure) Act 1946, and by certain other enactments, and to repeal certain provisions in the Lands Clauses Acts and related enactments which have ceased to have any effect. [5th August 1965]

Legislation

Table of Content

1. Application of Part I and interpretation E+W

2. Persons without power to sell their interests. E+W

3. Compulsory Purchase E+W

4. Extension of time limit during challenge E+W

5. Notice to treat, and untraced owners. E+W

6. Reference to [ F17 Upper Tribunal ] . E+W

7. Measure of compensation in case of severance. E+W

8. Deposit of compensation and execution of deed poll E+W

9. Further provision as to compensation for injurious affection E+W

10. Entry on the land E+W

11. Counter-notice requiring possession to be taken on specified date E+W

12. Unauthorised entry. E+W

13. Acquisition of special interests E+W

14. Mortgages. E+W

15. Mortgage debt exceeding value of mortgaged land. E+W

16. Acquisition of part of land subject to mortgage. E+W

17. Compensation where mortgage paid off before stipulated time. E+W

18. Rentcharges. E+W

19. Apportionment of rent under leases. E+W

20. Tenants at will, etc. E+W

21. Supplemental E+W

22. Interests omitted from purchase. E+W

23. Costs of conveyances etc. E+W

24. Power to sell in consideration of a rentcharge. E+W

25. Payment into court. E+W

26. Costs in respect of money paid into court. E+W

27. E+W

28. General provisions as to deeds poll. E+W

29. Irregularities in proceedings under the Act. E+W

30. Service of notices. E+W

31. Ecclesiastical property. E+W

32. Commencement of Part I. E+W

33. Compulsory purchase orders under Water Acts 1945 and 1948. E+W

34. Compulsory purchase orders under Part III of Housing Act 1957. E+W

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69 E+W

36. Orders relating to acquisition of land under s. 67 of Water Resources Act 1963. E+W

37. Compulsory purchase orders under s. 11 of Pipe-lines Act 1962. E+W

38. Application to enactments authorising acquisition of land by agreement. E+W

39. Consequential amendments and repeals. E+W

40. Conveyance on rentcharge E+W

1. Application of Part I and interpretation E+W

2. Persons without power to sell their interests. E+W

3. Compulsory Purchase E+W

4. Extension of time limit during challenge E+W

5. Notice to treat, and untraced owners. E+W

6. Reference to [ F17 Upper Tribunal ] . E+W

7. Measure of compensation in case of severance. E+W

8. Deposit of compensation and execution of deed poll E+W

9. Further provision as to compensation for injurious affection E+W

10. Entry on the land E+W

11. Counter-notice requiring possession to be taken on specified date E+W

12. Unauthorised entry. E+W

13. Acquisition of special interests E+W

14. Mortgages. E+W

15. Mortgage debt exceeding value of mortgaged land. E+W

16. Acquisition of part of land subject to mortgage. E+W

17. Compensation where mortgage paid off before stipulated time. E+W

18. Rentcharges. E+W

19. Apportionment of rent under leases. E+W

20. Tenants at will, etc. E+W

21. Supplemental E+W

22. Interests omitted from purchase. E+W

23. Costs of conveyances etc. E+W

24. Power to sell in consideration of a rentcharge. E+W

25. Payment into court. E+W

26. Costs in respect of money paid into court. E+W

27. E+W

28. General provisions as to deeds poll. E+W

29. Irregularities in proceedings under the Act. E+W

30. Service of notices. E+W

31. Ecclesiastical property. E+W

32. Commencement of Part I. E+W

33. Compulsory purchase orders under Water Acts 1945 and 1948. E+W

34. Compulsory purchase orders under Part III of Housing Act 1957. E+W

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69 E+W

36. Orders relating to acquisition of land under s. 67 of Water Resources Act 1963. E+W

37. Compulsory purchase orders under s. 11 of Pipe-lines Act 1962. E+W

38. Application to enactments authorising acquisition of land by agreement. E+W

39. Consequential amendments and repeals. E+W

40. Conveyance on rentcharge E+W

Section 1

1. Application of Part I and interpretation E+W

[ F1 (1) This Part of this Act shall apply in relation to any compulsory purchase to which Part II of the Acquisition of Land Act 1981, or Schedule 1 to that Act, applies, and in this Part of this Act— (a) “ the Acquisition of Land Act ” means that Act, (b) “ compulsory purchase order ” has the same meaning as in that Act. ] (2) In construing this Part of this Act the enactment under which the purchase is authorised and the compulsory purchase order F2 ... shall be deemed to be the special Act. (3) In this Part of this Act, unless the context otherwise requires.— “ acquiring authority ” means the person authorised by the compulsory purchase order F2 ... to purchase the land; “ land ” includes anything falling within any definition of that expression in the enactment under which the purchase is authorised; “ lease ” includes an agreement for a lease; “ notice to treat ” has the meaning given by section 5 of this Act; “ subject to compulsory purchase ”, in relation to land, means land the compulsory purchase of which is authorised by the compulsory purchase order. (4) In this Part of this Act “the works" or “ the undertaking ” means the works or undertaking, of whatever nature, authorised to be executed by the special Act. Provided that where this Part of this Act applies by virtue of [ F3 Part IX of the Town and Country Planning Act 1990 or section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ] references in this Part of this Act to the execution of the works shall be construed in accordance with [ F4 section 245(4) of the Town and Country Planning Act 1990 or, as the case may be, section 52(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 ] . F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Where under this Act any notice is to be given to the owner of any land or where any act is authorised or required to be done with the consent of any such owner, the word “owner" shall, unless the context otherwise requires, mean any person having power to sell and convey the land to the acquiring authority. Textual Amendments F1 S. 1(1) substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1) , Sch. 4 para. 14(2) F2 Words repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1) , Sch. 6 Pt. 1 F3 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2) , s. 4 , Sch. 2 para. 13(1)(a) F4 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2) , s. 4 , Sch. 2 para. 13(1)(b) F5 S. 1(5) repealed (1.4.2005) by Courts Act 2003 (c. 39) , s. 110(1) , Sch. 8 para. 124 , Sch. 10 ; S.I. 2005/910 , art. 3(y) Modifications etc. (not altering text) C342 S. 1 applied (with modifications) (15.11.2017) by The Network Rail (Summerway Overbridge) Order 2017 (S.I. 2017/1027) , arts. 1 , 5 C343 S. 1 applied (with modifications) (4.1.2018) by The Network Rail (Streat Green Underbridge) (Temporary Land Acquisition) Order 2017 (S.I. 2017/1302) , arts. 1 , 4 C344 S. 1(3) amended by Places of Worship (Enfranchisement) Act 1920 (c. 56) , s. 2 as now amended by Leasehold Reform Act 1967 (c. 88) , s. 40(4) , Sch. 6

Section 2