Compulsory Purchase Act 1965

Part I — Compulsory Purchase under Acquisition of Land Act of 1946

Preliminary

Application of Part I, and interpretation

1

• (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 ... 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 ... 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 Part IX of the Town and Country Planning Act 1990 , section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 136 of the Historic Environment (Wales) Act 2023, references in this Part of this Act to the execution of the works shall be construed in accordance with 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 or section 136(4) of the Historic Environment (Wales) Act 2023.

• (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.

Persons without power to sell their interests

2

Schedule 1 to this Act (which gives owners power to sell to the acquiring authority) shall have effect for the purposes of this Act.

Acquisition by agreement in pursuance of compulsory purchase order

3

It shall be lawful for the acquiring authority to agree with the owners of any of the land subject to compulsory purchase, and with all parties having an estate or interest in any of the land, or who are by Schedule 1 to this Act or any other enactment enabled to sell and convey or release any of that land, for the absolute purchase, for a consideration in money or money’s worth, of any of that land, and of all estates and interests in the land.

Compulsory Purchase

Time limit

4

• (1) A notice to treat may not be served by the acquiring authority after the end of the applicable period beginning with the day on which the compulsory purchase order becomes operative.

• (2) The applicable period is—

• (a) 3 years, or

• (b) such longer period as is specified in the order for the purposes of this section.

Notice to treat and untraced owners

5

• (1) When the acquiring authority require to purchase any of the land subject to compulsory purchase, they shall give notice (hereafter in this Act referred to as a “notice to treat”) to all the persons interested in, or having power to sell and convey or release, the land, so far as known to the acquiring authority after making diligent inquiry.

• (2) Every notice to treat—

• (a) shall give particulars of the land to which the notice relates,

• (b) shall demand particulars of the recipient’s estate and interest in the land, and of the claim made by him in respect of the land, and

• (c) shall state that the acquiring authority are willing to treat for the purchase of the land, and as to the compensation to be made for the damage which may be sustained by reason of the execution of the works.

• (2ZA) For provision about notice of claims for compensation, see sections 4 and 4A of the Land Compensation Act 1961.

• (2A) A notice to treat shall cease to have effect at the end of the period of three years beginning with the date on which it is served unless—

• (a) the compensation has been agreed or awarded or has been paid or paid into court,

• (b) a general vesting declaration has been executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981,

• (c) the acquiring authority have entered on and taken possession of the land specified in the notice, or

• (d) the question of compensation has been referred to the Upper Tribunal.

• (2B) If the person interested in the land, or having power to sell and convey or release it, and the acquiring authority agree to extend the period referred to in subsection (2A) of this section, the notice to treat shall cease to have effect at the end of the period as extended unless—

• (a) any of the events referred to in that subsection have then taken place, or

• (b) the parties have agreed to a further extension of the period (in which case this subsection shall apply again at the end of the period as further extended, and so on).

• (2C) Where a notice to treat ceases to have effect by virtue of subsection (2A) or (2B) of this section, the acquiring authority—

• (a) shall immediately give notice of that fact to the person on whom the notice was served and any other person who, since it was served, could have made an agreement under subsection (2B) of this section, and

• (b) shall be liable to pay compensation to any person entitled to such a notice for any loss or expenses occasioned to him by the giving of the notice and its ceasing to have effect.

• (2D) The amount of any compensation payable under subsection (2C) shall, in default of agreement, be determined by the Upper Tribunal.

• (2E) Compensation payable to any person under subsection (2C) shall carry interest at the rate prescribed under section 32 of the Land Compensation Act 1961 from the date on which he was entitled to to be given notice under that subsection until payment.

• (3) Schedule 2 to this Act (which relates to absent or untraced owners) shall have effect for the purposes of this Act.

Reference to Lands Tribunal

6

If a person served with a notice to treat does not within twenty-one days from the service of the notice state the particulars of his claim or treat with the acquiring authority in respect of his claim, or if he and the acquiring authority do not agree as to the amount of compensation to be paid by the acquiring authority for the interest belonging to him, or which he has power to sell, or for any damage which may be sustained by him by reason of the execution of the works, the question of disputed compensation shall be referred to the Upper Tribunal.

Measure of compensation in case of severance

7

In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the value of the land to be purchased by the acquiring authority, but also to the damage, if any, to be sustained by the owner of the land by reason of the severing of the land purchased from the other land of the owner, or otherwise injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

Other provisions as to divided land

8

• (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.

• (2) If any land which is not situated in a town or built upon is cut through and divided by the works so as to leave, either on both sides of the works, or on one side, a quantity of land which is less than half an acre, the owner of the land may require the acquiring authority to purchase the land along with the land subject to compulsory purchase:

Provided that this subsection shall not apply if the owner has other land adjoining the land so left into which it can be thrown so as to be conveniently occupied with it, and in that case the acquiring authority shall, if so required by the owner, at their own expense throw the piece of land so left into the adjoining land by removing the fences and levelling the sites thereof, and by soiling it in a satisfactory and workmanlike manner.

• (3) If the owner of any land cut through and divided by the works requires the acquiring authority under the provisions of the special Act to make any bridge, culvert or other communication between the land so divided, and—

• (a) the land is so cut through and divided as to leave, either on both sides or on one side, a quantity of land which is less than half an acre, or which is of less value than the expense of making the communication between the divided land, and

• (b) the owner has not other land adjoining that piece of land,

the acquiring authority may require the owner to sell them the piece of land.

Any dispute as to the value of the piece of land, or as to the expense of making a communication between the divided land shall be determined by the Upper Tribunal, and either party to proceedings for determining the compensation to be paid for the land acquired may require the Upper Tribunal to make its determination under this subsection in those proceedings.

Deposit of compensation and execution of deed poll

Refusal to convey, failure to make title, etc.

9

• (1) If the owner of any of the land purchased by the acquiring authority, or of any interest in the land so purchased, on tender of the compensation agreed or awarded to be paid in respect of the land or interest refuses to accept it, or neglects or fails to make out a title to the land or interest to the satisfaction of the acquiring authority, or refuses to convey or release the land as directed by the acquiring authority, it shall be lawful for the acquiring authority to pay into court the compensation payable in respect of the land or interest.

• (2) The compensation so paid into court shall, subject to the provisions of this Act, be placed to the credit of the parties interested in the land and the acquiring authority shall, so far as they can, give their descriptions.

• (3) When the acquiring authority have paid into court the compensation, it shall be lawful for them to execute a deed poll containing a description of the land in respect of which the payment into court was made, and declaring the circumstances under which, and the names of the parties to whose credit, the payment into court was made.

• (4) On execution of the deed poll all the estate and interest in the land of the parties for whose use and in respect whereof the compensation was paid into court shall vest absolutely in the acquiring authority and as against those persons the acquiring authority shall be entitled to immediate possession of the land.

• (5) On the application of any person claiming all or any part of the money paid into court, or claiming all or any part of the land in respect of which it was paid into court, or any interest in it, the High Court may order its distribution according to the respective estates, titles or interests of the claimants, and if, before the money is distributed, it is dealt with under section 6 of the Administration of Justice Act 1965 payment likewise of the dividends thereof, and may make such other order as the Court thinks fit.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further provision as to compensation for injurious affection

Further provision as to compensation for injurious affection

10

• (1) If any person claims compensation in respect of any land, or any interest in land, which has been taken for or injuriously affected by the execution of the works, and for which the acquiring authority have not made satisfaction under the provisions of this Act, or of the special Act, any dispute arising in relation to the compensation shall be referred to and determined by the Upper Tribunal.

• (2) This section shall be construed as affording in all cases a right to compensation for injurious affection to land which is the same as the right which section 68 of the Lands Clauses Consolidation Act 1845 has been construed as affording in cases where the amount claimed exceeds fifty pounds.

• (3) Where this Part of this Act applies by virtue of Part IX of the Town and Country Planning Act 1990 references in this section to the acquiring authority shall be construed in accordance with section 245(4)(b) of that Act.

Entry on the land

Powers of entry

11

• (1) If the acquiring authority have served notice to treat in respect of any of the land and have served on the owner, lessee and occupier of that land a notice of entry, the acquiring authority may enter on and take possession of that land, or of such part of that land as is specified in the notice , after the end of a period specified in the notice; and then any compensation agreed or awarded for the land of which possession is taken shall carry interest at the rate prescribed under section 32 of the Land Compensation Act 1961 from the time of entry until the compensation is paid or is paid into court in accordance with this Act.

Where under this subsection a notice is required to be served on an owner of land, and the land is ecclesiastical property as defined in section 12(3) of the Acquisition of Land Act, a like notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.

In this subsection “owner” has the meaning given by section 7(1) of the Acquisition of Land Act.

• (1A) A notice of entry under subsection (1) must specify the period after the end of which the acquiring authority may enter on and take possession of the land to which the notice relates.

• (1B) The period specified in a notice of entry under subsection (1) must not end earlier than the end of the period of 3 months beginning with the day on which the notice is served unless it is a notice to which section 11A(4) or paragraph 13 of Schedule 2A applies.

• (1C) A notice of entry under subsection (1) must explain the effect of section 11B (counter-notice requiring possession to be taken on specified date) and give an address at which the acquiring authority may be served with a counter-notice.

• (1D) An acquiring authority may extend the period specified in a notice of entry under subsection (1) by agreement with each person on whom it was served.

• (1E) A reference in this Act to the period specified in a notice of entry under subsection (1) is to the period as extended by any agreement under subsection (1D).

• (2) ...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For the purpose of surveying, valuing or taking levels of any of the land subject to compulsory purchase, of probing or boring to ascertain the nature of the soil and of setting out the line of the works, the acquiring authority, after giving not less than three nor more than fourteen days’ notice to the owners or occupiers of that land, may enter on that land, but the acquiring authority shall make compensation for any damage thereby occasioned to the owners or occupiers of the land, and any question of disputed compensation under this subsection shall be referred to the Upper Tribunal.

• (4) Except as provided by the foregoing provisions of this section, the acquiring authority shall not, except with the consent of the owners and occupiers, enter on any of the land subject to compulsory purchase until the compensation payable for the respective interests in that land has been agreed or awarded, and has been paid to the persons having those interests or has been paid into court in accordance with this Act.

Unauthorised entry

12

• (1) If the acquiring authority, or any of their contractors, wilfully enter on and take possession of any of the land subject to compulsory purchase in contravention of subsection (4) of the last foregoing section, the acquiring authority shall forfeit to the person in possession of that land the sum of ten pounds in addition to the amount of any damage done to the land by entering and taking possession.

• (2) The said sum of ten pounds, and the amount of any such damage, shall be recoverable summarily as a civil debt.

• (3) An appeal shall lie to a court of quarter sessions against an order of a magistrates’ court adjudging a sum to be forfeited under the foregoing provisions of this section.

• (4) If, after a sum has been adjudged to be forfeited under this section, the acquiring authority, or their contractors, remain in unlawful possession of any of the land the acquiring authority shall be liable to forfeit the sum of twenty-five pounds for every day on which they so remain in possession.

• (5) A sum forfeited under the last foregoing subsection shall be recoverable by the person in possession of that land in the High Court, and in any such proceedings the decision of the magistrates’ court shall not be conclusive as to the acquiring authority’s right of entry.

• (6) This section shall not subject the acquiring authority to the payment of a penalty if they have in good faith and without collusion paid the compensation agreed or awarded in respect of the land to a person whom they reasonably believed to be entitled to the compensation, or have paid it into court for the benefit of the person entitled to the land ... although such person may not have been legally entitled thereto.

Refusal to give possession to acquiring authority

13

• (1) If the acquiring authority are under this Act authorised to enter on and take possession of any land, and the owner or occupier of any of that land, or any other person, refuses to give up possession of it, or hinders the acquiring authority from entering on or taking possession of it, the acquiring authority may issue their warrant to —

• (a) the sheriff, or

• (b) the enforcement officer,

to deliver possession of it to the person appointed in the warrant to receive it.