Land Compensation Act 1973

• (a) a payment made to a claimant has been registered as a local land charge in accordance with section 52(8A),

• (b) the whole of the claimant's interest in land has subsequently been acquired by another person (a “successor”),

• (c) any notice to treat given in relation to the interest is withdrawn or ceases to have effect before the acquiring authority take possession of the land, and

• (d) the authority notify the successor that they are not going to give the successor a notice to treat (or a further notice to treat) for the interest.

• (5) The authority may by notice require the successor to pay them an amount equal to the amount of any payment made to the claimant under section 52.

• (6) A notice under subsection (3) or (5) must specify the date by which the claimant or successor must pay the amount.

• (7) The date mentioned in subsection (6) must be after the period of two months beginning with the day on which the authority give the notice under subsection (3) or (5).

• (8) Neither subsection (3) nor subsection (5) affects a right to compensation under section 31(3) or (3A) of the Land Compensation Act 1961 or section 5(2C)(b) of the Compulsory Purchase Act 1965.

Advance payments: land subject to mortgage

52ZA

• (1) This section applies if—

• (a) a request is made for an advance payment under section 52(1) in respect of land,

• (b) the authority is required by section 52(1A) or (1B) to make the advance payment, and

• (c) the land is subject to a mortgage the principal of which does not exceed 90% of the relevant amount.

• (2) The advance payment made to the claimant must be reduced by the amount the acquiring authority think will be required by them to secure the release of the interest of the mortgagee (or all the mortgagees if there is more than one).

• (3) The acquiring authority must pay to the mortgagee the amount the acquiring authority think will be required by them to secure the release of the mortgagee’s interest, if—

• (a) the claimant so requests, and

• (b) the mortgagee consents to the making of the payment.

• (4) If there is more than one mortgagee—

• (a) subsection (3) applies to each mortgagee individually, but

• (b) payment must not be made to a mortgagee before the interest of each mortgagee whose interest has priority to his interest is released.

• (5) The amount of the advance payment made to the claimant under section 52 and the amount of the payments made to mortgagees under this section must not in aggregate exceed 90% of the relevant amount.

• (6) Subsection (7) applies if—

• (a) the acquiring authority estimated the compensation,

• (b) it appears to the acquiring authority that their estimate was too low and they revise the estimate, and

• (c) a request is made by the claimant in accordance with section 52(2).

• (7) The provisions of subsections (2) to (5) must be re-applied on the basis of the revised estimate.

Advance payments: land subject to mortgage exceeding 90% threshold

52ZB

• (1) This section applies if—

• (a) a request is made for an advance payment under section 52(1) in respect of land,

• (b) the authority would be required by section 52(1A) or (1B) to make the advance payment if it were not for this section, and

• (c) the land is subject to a mortgage the principal of which exceeds 90% of the relevant amount.

• (2) No advance payment is to be made to the claimant.

• (3) But the acquiring authority must pay to the mortgagee the amount found under subsection (4), if—

• (a) the claimant so requests, and

• (b) the mortgagee consents to the making of the payment.

• (4) The amount is whichever is the lesser of—

• (a) 90% of the value of the land;

• (b) the principal of the mortgagee’s mortgage.

• (5) The value of the land is the value—

• (a) agreed by the claimant and the acquiring authority, or (failing such agreement)

• (b) estimated by the acquiring authority.

• (6) For the purposes of subsection (5) the value of the land is to be calculated in accordance with rule 2 of section 5 of the Land Compensation Act 1961 (market value), whether or not compensation is or is likely to be assessed in due course in accordance with rule 5 of that section (equivalent re-instatement).

• (7) If there is more than one mortgagee, payment must not be made to a mortgagee until the interest of each mortgagee whose interest has priority to his interest is released.

• (8) But the total payments under subsection (3) must not in any event exceed 90% of the value of the land.

• (9) Subsection (10) applies if—

• (a) the acquiring authority estimated the compensation,

• (b) it appears to the acquiring authority that their estimate was too low and they revise the estimate,

• (c) the condition in section 52ZA(1)(c) would have been satisfied if the revised estimate had been used instead of their estimate, and

• (d) a request is made by the claimant in accordance with section 52(2).

• (10) The provisions of section 52ZA(2) to (5) must be applied on the basis of the revised estimate.

• (11) If—

• (a) the acquiring authority estimated the value of the land,

• (b) it appears to the acquiring authority that their estimate was too low and they revise the estimate, and

• (c) a request is made by the claimant in writing,

any balance found to be due to a mortgagee on the basis of the revised estimate is payable in accordance with this section.

Land subject to mortgage: supplementary

52ZC

• (1) This section applies for the purposes of sections 52ZA and 52ZB.

• (2) Within 28 days of receiving a request for a payment under section 52ZA or 52ZB, the acquiring authority must—

• (a) determine whether they have enough information to give effect to section 52ZA or, as the case may be, 52ZB, and

• (b) if they need more information, require the claimant to provide it.

• (3) A request under section 52ZA(3) or 52ZB(3) must be made in writing and must be accompanied by the written consent of the mortgagee.

• (3A) In a case where the compulsory acquisition to which the request relates is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority must make any payment under section 52ZA or 52ZB—

• (a) before the end of the day on which the authority take possession of the land, or

• (b) if later, before the end of the period of two months beginning with the day on which the authority—

• (i) received the request under section 52ZA(3) or 52ZB(3), ...

• (ii) received any further information required under subsection (2), or

• (iii) received any further information required under section 52(2A)(b).

• (3B) In all other cases, the authority must make any payment under section 52ZA or 52ZB—

• (a) before the end of the day on which the notice of entry is given or the general vesting declaration is executed, or

• (b) if later, before the end of the period of two months beginning with the day on which the authority—

• (i) received the request under section 52ZA(3) or 52ZB(3), ...

• (ii) received any further information required under subsection (2), or

• (iii) received any further information required under section 52(2A)(b).

• (4) Subsections ... (8) to (9) of section 52 apply to a payment which may be or is made under section 52ZA or 52ZB as they apply to a payment which may be or is made under section 52.

• (5) The relevant amount is the amount of the compensation agreed or estimated as mentioned in section 52(3).

• (6) If the land is subject to more than one mortgage, the reference in sections 52ZA(1)(c) and 52ZB(1)(c) to the principal is to the aggregate of the principals of all of the mortgagees.

• (7) A payment made to a mortgagee under section 52ZA or 52ZB—

• (a) must be applied by the mortgagee in or towards the discharge of the principal, interest and costs and any other money due under the mortgage;

• (b) must be taken to be a payment on account of compensation and treated for the purposes of section 52(10) as if it were an advance payment made under section 52;

• (c) must be taken, with effect from the date of the payment, to reduce by the amount of the payment the amount in respect of which interest accrues for the purposes of section 11(1) of the Compulsory Purchase Act 1965 or any bond under section 85 of the Lands Clauses Compensation Act 1845;

• (d) must be taken into account for the purposes of determining any payments (or payments into court) which may be made for the purposes of sections 14 to 16 of the Compulsory Purchase Act 1965.

• (8) If the amount, or aggregate amount, of any payments under—

• (a) sections 52 and 52ZA, or

• (b) section 52ZB,

on the basis of the acquiring authority’s estimate of the compensation exceed the compensation as finally determined or agreed, the excess must be repaid by the claimant.

• (9) No payment must be made to a mortgagee—

• (a) if any of the circumstances mentioned in subsection (10) applies, or

• (b) if the compulsory acquisition is only of a right over land.

• (10) The circumstances are—

• (a) payment has been made under section 14(2) of the Compulsory Purchase Act 1965;

• (b) a notice under section 14(3) of that Act has been given;

• (c) there is an agreement under section 15(1) or 16(1) of that Act or the matter has been referred to the Upper Tribunal under that section.

• (11) The claimant in relation to settled land for the purposes of the Settled Land Act 1925 is the persons entitled to give a discharge for capital money.

Making a request for advance payment

52ZD

• (1) The appropriate national authority may by regulations impose requirements about the form and content of a request under section 52(2), 52ZA(3) or 52ZB(3).

• (2) In subsection (1) “appropriate national authority” means—

• (a) in relation to a request relating to the compulsory acquisition of land in England, the Secretary of State;

• (b) in relation to a request relating to the compulsory acquisition of land in Wales, the Welsh Ministers.

• (3) Regulations under subsection (1) may permit or require a person specified in the regulations to design a form to be used in making a request.

• (4) Regulations under subsection (1) may require an acquiring authority to supply, at specified stages of the compulsory acquisition process, copies of a form to be used in making a request.

• (5) Regulations under subsection (1) are to be made by statutory instrument.

• (6) A statutory instrument containing regulations under subsection (1) is subject to annulment—

• (a) in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament;

• (b) in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.

Payment to mortgagee recoverable if notice to treat withdrawn

52ZE

• (1) Where an acquiring authority have made a payment to a mortgagee under section 52ZA or 52ZB in relation to an interest in land and notify the claimant that the notice to treat relating to the interest is withdrawn or has ceased to have effect before the authority take possession of the land, the authority may by notice require the claimant to pay them an amount equal to the amount of the payment, unless another person has acquired the whole of the claimant's interest in the land.

• (2) Subsection (3) applies where—

• (a) a payment under section 52ZA or 52ZB has been registered as a local land charge in accordance with section 52(8A),

• (b) the whole of a claimant's interest in land has subsequently been acquired by another person (a “successor”),

• (c) any notice to treat given in relation to the interest is withdrawn or ceases to have effect before the authority take possession of the land, and

• (d) the acquiring authority notify the successor that they are not going to give the successor a notice to treat (or a further notice to treat) in relation to the interest.

• (3) The authority may by notice require the successor to pay them an amount equal to the amount of the payment.

• (4) A notice under subsection (1) or (3) must specify the date by which the claimant or successor must pay the amount.

• (5) The date mentioned in subsection (4) must be after the period of two months beginning with the day on which the authority give the notice under subsection (1) or (3).

• (6) Neither subsection (1) nor subsection (3) affects a right to compensation under section 31(3) or (3A) of the Land Compensation Act 1961 or section 5(2C)(b) of the Compulsory Purchase Act 1965.

Right to interest where advance payment made.

52A

• (1) This section applies where the compensation to be paid by the acquiring authority for the compulsory acquisition of any interest in land would (apart from this section) carry interest under section 11(1) of the Compulsory Purchase Act 1965 or any bond under ... section 85 of the Lands Clauses Consolidation Act 1845.

• (2) If the authority make a payment under section 52(1) after the date of entry to any person on account of the compensation—

• (a) they must at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount of the compensation agreed or estimated under section 52(3) (the total amount), and

• (b) the difference between the paid amount and the total amount is an unpaid balance for the purposes of this section.

• (2A) The paid amount is—

• (a) the amount of the payment under section 52(1), or

• (b) if the land is subject to a mortgage, the aggregate of that amount and the amount of any payment made under section 52ZA(3).

• (3) If the authority make a payment under section 52(4A) above to any person on account of the compensation, they shall at the same time make a payment to him of accrued interest, for the period beginning with the date of entry, on—

• (a) the amount by reference to which the payment under section 52(4A) above was calculated; less

• (b) the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated.

• (4) Where the authority make a payment under section 52(4A) above on account of the compensation, the difference between—

• (a) the amount of the payment; and

• (b) the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated,

is an unpaid balance for the purposes of this section.

• (5) If, on an anniversary of the date on which the authority made a payment to any person under section 52(1) above on account of the compensation—

• (a) the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be,

• (b) the aggregate amount of the accrued interest on any unpaid balances,

exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount.

• (6) The acquiring authority shall, on paying the outstanding compensation, pay the amount of the accrued interest on the unpaid balance under subsection (2) above or, as the case may be, the aggregate amount of the accrued interest on any unpaid balances.

• (7) For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with—

• (a) the making of the payment under section 52(1) or, as the case may be, 52(4A) above; or

• (b) if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection.

• (8) For the purposes of this section—

• (a) interest accrues at the rate prescribed under section 32 of the Land Compensation Act 1961 or, in the case of a bond under section 85 of the Lands Clauses Consolidation Act 1845, at the rate specified in section 85; and

• (b) the amount by reference to which a payment under section 52(1) or (4A) was calculated is the amount referred to in section 52(3)(a) or (b) for the purposes of that calculation.

• (9) Where any payment has been made under section 52(1) above on account of any compensation, the acquiring authority is not required to pay interest under section 11(1) of the Compulsory Purchase Act 1965 or any bond ... under section 85 of the Lands Clauses Consolidation Act 1845.

• (10) Where the amount, or aggregate amount, of any payment under section 52 above made on the basis of the acquiring authority’s estimate of the compensation is greater than the compensation as finally determined or agreed and, accordingly, the interest paid under this section is excessive, the excess shall be repaid.

• (11) If after any interest has been paid to any person under this section on any amount it is discovered that he was not entitled to the amount, the interest shall be recoverable by the acquiring authority.

• (12) The Secretary of State may from time to time by order substitute another sum for the sum specified in subsection (5) above; and the power to make orders under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interest on advance payments of compensation paid late

52B

• (1) If the acquiring authority are required by section 52(1A) or (1B) to make an advance payment of compensation but pay some or all of it late, the authority must pay interest on the amount which is paid late (“the unpaid amount”).

• (2) Interest under subsection (1) accrues on the unpaid amount for the period beginning with the day after the last day on which payment could have been made in accordance with section 52(4) or (4ZA).

• (3) If the amount of the advance payment is greater than the compensation as finally determined or agreed (“the actual amount”), the claimant must repay any interest paid under this section that is attributable to the amount by which the advance payment exceeded the actual amount.

• (4) The Treasury must by regulations specify the rate of interest for the purposes of subsection (1).

• (5) Regulations under subsection (4) may contain further provision in connection with the payment of interest under subsection (1).

• (6) Regulations under subsection (4) are to be made by statutory instrument.

• (7) A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

Severance of land

Notice to treat in respect of part of agricultural land.

53

• (1) Where an acquiring authority serve notice to treat in respect of any agricultural land on a person (whether in occupation or not) having a greater interest in the land than as tenant for a year or from year to year, and that person has such an interest in other agricultural land comprised in the same agricultural unit as that to which the notice relates, the person on whom the notice is served (hereafter referred to as “the claimant”) may, within the period of two months beginning with the date of service of the notice to treat, serve on the acquiring authority a counter-notice—

• (a) claiming that the other land is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and

• (b) requiring the acquiring authority to purchase his interest in the whole of the other land.

• (2) Where a counter-notice is served under subsection (1) above the claimant shall also, within the period mentioned in that subsection, serve a copy thereof on any other person who has an interest in the land to which the requirement in the counter-notice relates, but failure to comply with this subsection shall not invalidate the counter-notice.

• (3) Subject to subsection (4) below, “other relevant land” in subsection (1) above means—

• (a) land comprised in the same agricultural unit as the land to which the notice to treat relates, being land in which the claimant does not have such an interest as is mentioned in that subsection; and

• (b) land comprised in any other agricultural unit occupied by him on the date of service of the notice to treat, being land in respect of which he is then entitled to a greater interest than as tenant for a year or from year to year.

• (4) Where an acquiring authority have served a notice to treat in respect of any of the other agricultural land mentioned in subsection (1) above or in respect of other relevant land as defined in subsection (3) above or such a notice is deemed to have been served by virtue of sections 137 to 144 of the Town and Country Planning Act 1990, then, unless and until that notice to treat is withdrawn, this section and section 54 below shall have effect as if that land did not form part of that other agricultural land or did not constitute other relevant land, as the case may be.

• (5) This section shall have effect in relation to a case where a notice to treat is deemed to have been served by virtue of any of the provisions of Part III of the Compulsory Purchase (Vesting Declarations) Act 1981 (general vesting declarations) as it has effect in relation to a case where a notice to treat is actually served, and section 54 below shall have effect accordingly.

• (6) This section is without prejudice to the rights conferred by sections 93 and 94 of the Lands Clauses Consolidation Act 1845, or section 8(2) and (3) of the Compulsory Purchase Act 1965 (provisions as to divided land).

Effect of counter-notice under section 53.

54

• (1) If the acquiring authority do not within the period of two months beginning with the date of service of a counter-notice under section 53 above agree in writing to accept the counter-notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Upper Tribunal; and on any such reference the Tribunal shall determine whether the claim in the counter-notice is justified and declare the counter-notice valid or invalid in accordance with its determination of that question.

• (2) Where a counter-notice is accepted as, or declared to be, valid under subsection (1) above the acquiring authority shall be deemed—

• (a) to be authorised to acquire compulsorily, under the enactment by virtue of which they are empowered to acquire the land in respect of which the notice to treat was served, the claimant’s interest in the land to which the requirement in the counter-notice relates; and

• (b) to have served a notice to treat in respect of that land on the date on which the first-mentioned notice to treat was served.

• (3) A claimant may withdraw a counter-notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the counter-notice has been determined by the Upper Tribunal or at any time before the end of six weeks beginning with the date on which the compensation is so determined; and where a counter-notice is withdrawn by virtue of this subsection any notice to treat deemed to have been served in consequence thereof shall be deemed to have been withdrawn.

• (4) Without prejudice to subsection (3) above, the power conferred by section 31 of the Land Compensation Act 1961 to withdraw a notice to treat shall not be exerciseable in the case of a notice to treat which is deemed to have been served by virtue of this section.

• (5) The compensation payable in respect of the acquisition of an interest in land in pursuance of a notice to treat deemed to have been served by virtue of this section shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) above.

• (6) Where by virtue of this section the acquiring authority become, or will become, entitled to a lease of any land but not to the interest of the lessor—

• (a) the authority shall offer to surrender the lease to the lessor on such terms as the authority consider reasonable;

• (b) the question of what terms are reasonable may be referred to the Upper Tribunal by the authority or the lessor and, if at the expiration of three months after the date of the offer mentioned in paragraph (a) above, the authority and the lessor have not agreed on that question and that question has not been referred to the Tribunal by the lessor, it shall be so referred by the authority;

• (c) if that question is referred to the Tribunal, the lessor shall be deemed to have accepted the surrender of the lease at the expiration of one month after the date of the determination of the Tribunal or on such other date as the Tribunal may direct and to have agreed with the authority on the terms of surrender which the Tribunal has held to be reasonable.

For the purposes of this subsection any terms as to surrender contained in the lease shall be disregarded.

• (7) Where the lessor refuses to accept any sum payable to him by virtue of subsection (6) above, or refuses or fails to make out his title to the satisfaction of the acquiring authority, they may pay into court any sum payable to the lessor by virtue of that subsection; and subsections (2) and (5) of section 9 of the Compulsory Purchase Act 1965 (deposit of compensation in cases of refusal to convey etc.) shall apply to that sum with the necessary modifications.

• (8) Where an acquiring authority who become entitled to the lease of any land as mentioned in subsection (6) above are a body incorporated by or under any enactment the corporate powers of the authority shall, if they would not otherwise do so, include power to farm that land.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of entry in respect of part of agricultural holding.

55

• (1) Where an acquiring authority serve notice of entry under section 11(1) of the Compulsory Purchase Act 1965 on the person in occupation of an agricultural holding, being a person having no greater interest therein than as tenant for a year or from year to year, and the notice relates to part only of that holding, the person on whom the notice is served (hereafter referred to as “the claimant”) may, within the period of two months beginning with the date of service of the notice of entry, serve on the acquiring authority a counter-notice—

• (a) claiming that the remainder of the holding is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and

• (b) electing to treat the notice of entry as a notice relating to the entire holding.

• (2) Where a counter-notice is served under subsection (1) above the claimant shall also, within the period mentioned in that subsection, serve a copy thereof on the landlord of the holding, but failure to comply with this subsection shall not invalidate the counter-notice.

• (3) Subject to subsection (4) below, “other relevant land” in subsection (1) above means—

• (a) land comprised in the same agricultural unit as the agricultural holding; and

• (b) land comprised in any other agricultural unit occupied by the claimant on the date of service of the notice of entry, being land in respect of which he is then entitled to a greater interest than as tenant for a year or from year to year.

• (4) Where an acquiring authority have served a notice to treat in respect of land in the agricultural holding other than that to which the notice to entry relates or in respect of other relevant land as defined in subsection (3) above, then, unless and until that notice to treat is withdrawn, this section and section 56 below shall have effect as if that land did not form part of the holding or did not constitute other relevant land, as the case may be.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of counter-notice under section 55.

56

• (1) If the acquiring authority do not within the period of two months beginning with the date of service of a counter-notice under section 55 above agree in writing to accept the counter-notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Upper Tribunal; and on any such reference the Tribunal shall determine whether the claim in the counter-notice is justified and declare the counter-notice valid or invalid in accordance with its determination of that question.

• (2) Where a counter-notice is accepted as, or declared to be, valid under subsection (1) above then, if before the end of twelve months after it has been so accepted or declared the claimant has given up possession of every part of the agricultural holding to the acquiring authority—

• (a) the notice of entry shall be deemed to have extended to the part of the holding to which it did not relate; and

• (b) the acquiring authority shall be deemed to have taken possession of that part in pursuance of that notice on the day before the expiration of the year of the tenancy which is current when the counter-notice is so accepted or declared.

• (3) Where the claimant gives up possession of an agricultural holding to the acquiring authority as aforesaid but the authority have not been authorised to acquire the landlord’s interest in, or in any of, the part of the holding to which the notice of entry did not relate (“the land not subject to compulsory purchase”)—

• (a) neither the claimant nor the authority shall be under any liability to the landlord by reason of the claimant giving up possession of the land not subject to compulsory purchase or the authority taking or being in possession of it;

• (b) immediately after the date on which the authority take possession of the land not subject to compulsory purchase they shall give up to the landlord, and he shall take, possession of that land;

• (c) the tenancy shall be treated as terminated on the date on which the claimant gives up possession of the holding to the acquiring authority or (if he gives up possession of different parts at different times) gives up possession as aforesaid of the last part, but without prejudice to any rights or liabilities of the landlord or the claimant which have accrued before that date;

• (d) any rights of the claimant against, or liabilities of the claimant to, the landlord which arise on or out of the termination of the tenancy by virtue of paragraph (c) above (whether under the contract of tenancy, under the Agricultural Holdings Act 1986 or otherwise) shall be rights and liabilities of the authority, and any question as to the payment to be made in respect of any such right or liability shall be referred to and determined by the Upper Tribunal;

• (e) any increase in the value of the land not subject to compulsory purchase which is attributable to the landlord’s taking possession of it under paragraph (b) above shall be deducted from the compensation payable in respect of the acquisition of his interest in the remainder of the holding.

• (4) Where a tenancy is terminated by virtue of subsection (3)(c) above, section 72 of the Agricultural Holdings Act 1986 (landlord’s right to compensation for deterioration of holding) shall have effect as if subsection (4) of that section required the landlord’s notice of intention to claim compensation to be served on the acquiring authority and to be so served within three months after the termination of the tenancy.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other procedures for taking possession of part of agricultural holding.

57

• (1) Before taking possession of part only of an agricultural holding under section 85 of the Lands Clauses Consolidation Act 1845 ... or under Part III of the Compulsory Purchase (Vesting Declarations) Act 1981 (alternative procedures for taking possession of land) the acquiring authority shall serve notice of their intention to do so on the person in occupation of the holding, and sections 55 and 56 above shall have effect, subject to any necessary modifications, as if possession were being obtained pursuant to a notice of entry under section 11(1) of the said Act of 1965.

• (2) Sections 55 and 56 above shall have effect, subject to any necessary modifications, in relation to a notice of entry under paragraph 4 of Schedule 6 to the New Towns Act 1981 (provisions applicable to compulsory acquisitions under that Act) as they have effect in relation to a notice of entry under section 11(1) of the said Act of 1965.

• (3) Sections 55 and 56(1) and (2) above shall have effect, subject to any necessary modifications, in relation to a notice under section 584 of the Housing Act 1985 (power to enter and determine short tenancies of land acquired or appropriated for certain purposes of that Act) as they have effect in relation to a notice of entry under section 11(1) of the said Act of 1965.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of material detriment where part of house etc. proposed for compulsory acquisition.

58

• (1) In determining under ... ... section 166(2) of the Town and Country Planning Act 1990 whether—

• (a) part of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or

• (b) part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,

the Upper Tribunal shall take into account not only the effect of the severance but also the use to be made of the part proposed to be acquired and, in a case where the part 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 to be made of the other land.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Notice to quit agricultural holding: right to opt for notice of entry compensation.

59

• (1) This section has effect where the person in occupation of an agricultural holding, being a person having no greater interest therein than as tenant for a year or from year to year, is served with a notice to quit the holding, and—

• (a) the notice is served after an acquiring authority have served notice to treat on the landlord of the holding or, being an authority possessing compulsory purchase powers, have agreed to acquire his interest in the holding; and

• (b) either—

• (i) section 26(1) of the Agricultural Holdings Act 1986 does not apply to the notice by virtue of Case B in Part I of Schedule 3 to that Act (land required for non-agricultural use for which planning permission has been granted etc.); or

• (ii) the appropriate tribunal have consented to the operation of the notice and stated in the reasons for their decision that they are satisfied as to the matter mentioned in section 27(3)(f) of that Act (land required for non-agricultural use not falling within the said Case B.

• (1A) For the purposes of subsection (1), “appropriate tribunal” means—

• (a) where the holding (or the greater part of the holding) is in England, the First-tier Tribunal; and

• (b) where the holding (or the greater part of the holding) is in Wales, the Agricultural Land Tribunal.

• (2) If the person served with the notice to quit elects that this subsection shall apply to the notice and gives up possession of the holding to the acquiring authority on or before the date on which his tenancy terminates in accordance with the notice—

• (a) section 20 of the Compulsory Purchase Act 1965 (compensation for tenants from year to year etc.) and section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 shall have effect as if the notice to quit had not been served and the acquiring authority had taken possession of the holding in pursuance of a notice of entry under section 11(1) of the said Act of 1965 on the day before that on which the tenancy terminates in accordance with the notice to quit; and

• (b) the provisions of the Agricultural Holdings Act 1986 relating to compensation to a tenant on the termination of his tenancy shall not have effect in relation to the termination of the tenancy by reason of the notice to quit.

• (3) No election under subsection (2) above shall be made or, if already made, continue to have effect in relation to any land (whether the whole or part of the land to which the notice to quit relates) if, before the expiration of that notice, an acquiring authority take possession of that land in pursuance of an enactment providing for the taking of possession of land compulsorily.

• (4) Any election under subsection (2) above shall be made by notice in writing served on the acquiring authority not later than the date on which possession of the holding is given up.

• (5) This section shall have effect in relation to a notice to quit part of an agricultural holding as it has effect in relation to a notice to quit an entire holding and references to a holding and the termination of the tenancy shall be construed accordingly.

• (6) A person served with a notice to quit part of an agricultural holding shall not be entitled, in relation to that notice, both to make an election under this section and to give a counter-notice under section 32 of the Agricultural Holdings Act 1986 (tenant’s right to cause notice to quit part of holding to operate as notice to quit entire holding).

• (7) The reference in subsection (1)(a) above to a notice to treat served by an acquiring authority includes a reference to a notice to treat deemed to have been so served under any of the provisions mentioned in section 53(5) above and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 293 of the Town and Country Planning Act 1990)..

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

60

Notice to quit part of agricultural holding: right to claim notice of entry compensation for remainder of holding.

61

• (1) Where a notice to quit in respect of which a person is entitled to make an election under section 59 above relates to part only of an agricultural holding and that person makes such an election within the period of two months beginning with the date of service of that notice, or, if later, the decision of the appropriate tribunal referred to in subsection (1)(b)(ii) of that section, he may also within that period serve a notice on the acquiring authority claiming that the remainder of the holding is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit.

• (2) If the acquiring authority do not within the period of two months beginning with the date of service of a notice under subsection (1) above agree in writing to accept the notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Upper Tribunal, and on any such reference the Tribunal shall determine whether the claim in the notice is justified and declare the notice valid or invalid in accordance with its determination of that question.

• (3) Where a notice under subsection (1) above is accepted as, or declared to be, valid under subsection (2) above then, if before the end of twelve months after it has been so accepted or declared the claimant has given up to the acquiring authority possession of the part of the holding to which the notice relates, section 20 of the Compulsory Purchase Act 1965 and section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 shall have effect as if the acquiring authority had taken possession of that part in pursuance of a notice of entry under section 11(1) of the said Act of 1965 on the day before the expiration of the year of the tenancy which is current when the notice is so accepted or declared.

• (4) Subsections (2) to (4) of section 55 and subsection (3) of section 56 above shall apply in relation to subsections (1) to (3) above and to a notice under subsection (1) above as they apply in relation to those sections and a counter-notice under subsection (1) of section 55, and shall so apply with the necessary modifications and as if any reference to the notice of entry were a reference to the notice to quit.

• (5) Where an election under section 59 above ceases to have effect in relation to any land by virtue of subsection (3) of that section any notice served by virtue of this section shall also cease to have effect in relation thereto.

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

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

62

Interest on compensation for injurious affection where no land taken.

63

• (1) Compensation under section 68 of the Lands Clauses Consolidation Act 1845 or section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection where no land taken) shall carry interest, at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961, from the date of the claim until payment.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of grounds for challenging validity of compulsory purchase order.

64

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

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

65

Part V — Planning Blight

Extension of classes of blighted land

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

68

73

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

74

75

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

76

77

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

79–81

82

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

83

Part VI — Supplementary Provisions

Application to Crown.

84

• (1) Part I of this Act does not apply to any aerodrome in the occupation of a government department but, subject to that, references in that Part and in Part II of this act to public works and responsible authorities include references to any works or authority which, apart from any Crown exemption, would be public works or a responsible authority.

• (2) Parts III and IV of this Act apply in relation to the acquisition of interests in land (whether compulsorily or by agreement) by government departments being authorities possessing compulsory purchase powers, as they apply in relation to the acquisition of interests in land by such authorities who are not government departments.

Service of documents

84A

• (1) 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.

• (2) Any communication required or authorised under this Act to be sent to—

• (a) an acquiring authority, or

• (b) a responsible authority within the meaning of section 1,

may also be sent electronically by a method mentioned in subsection (3).

• (3) The methods are—

• (a) sending the communication to an appropriate email address, or

• (b) uploading the communication to an appropriate website.

• (4) For the purposes of subsection (3)—

• (a) an email address or website is an appropriate one if the authority 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 authority has previously used it for the purposes of communicating with the sender about the claim for compensation.

• (5) 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.

• (6) In this section “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.

• (7) This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.

Financial provisions.

85

There shall be paid out of moneys provided by Parliament—

• (a) any expenses incurred under this Act by any government department;

• (b) any increase attributable to this Act in the sums payable out of such moneys under any other Act.

Repeals.

86

The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

General interpretation.

87

• (1) In this Act—

• “agriculture”, “agricultural” and “agricultural land” have the meaning given in section 109 of the Agriculture Act 1947 ... , and references to the farming of land include references to the carrying on in relation to the land of any agricultural activities;

• “agricultural holding” has the meaning given in section 1 of the Agricultural Holdings Act 1986 ... and “landlord”, “tenant” and “notice to quit”, in relation to an agricultural holding, have the same meaning as in that Act;

• “agricultural unit” has the meaning given in section 171(1) of the Town and Country Planning Act 1990 ... ;

• “acquiring authority” and “authority possessing compulsory purchase powers” have the same meaning as in the Land Compensation Act 1961 ... ;

• “ aerodrome ”has the same meaning as in the Civil Aviation Act 1982;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “disabled person” means a person who is substantially and permanently handicapped by illness, injury or congenital infirmity, ... ;

• “dwelling” means a building or part of a building occupied or (if not occupied) last occupied or intended to be occupied as a private dwelling ... and ... includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part;

• “housing association” has the same meaning as in the Housing Associations Act 1985 ... ;

• “introductory standard contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 16 of that Act);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act);

• “tenancy”, ... otherwise than in relation to an agricultural holding, has the same meaning as in the Landlord and Tenant Act 1954.

• (2) In this Act references to the council of a district are, until 1st April 1974, references to the council of a county district or county borough and, thereafter, to the council of a district within the meaning of the Local Government Act 1972; and references to a London borough and the council of a London borough include references to the City of London and the Common Council.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Except where the context otherwise requires, references in this Act to any enactment are references to that enactment as amended, and include references to that enactment as extended or applied, by any other enactment, including this Act.

Northern Ireland.

88

• (1) Her Majesty may by Order in Council—

• (a) extend this Act (other than Part V thereof), with such additions, exceptions and modifications as appear to Her Majesty to be expedient, to—

• (i) the provision, operation, management or use of public works in Northern Ireland under any enactment relating to a matter in respect of which the Parliament of Northern Ireland does not have power to make laws (in this section referred to as “a reserved enactment”); and

• (ii) acquisitions of land in Northern Ireland by any department or body exercising powers of acquisition under a reserved enactment;

• (b) apply, with such additions, exceptions and modifications as appear to Her Majesty to be expedient, the provisions of Schedules 5 and 6 to the Roads Act (Northern Ireland) 1948 or Schedule 6 to the Local Government Act (Northern Ireland) 1972 to the acquisition, otherwise than by agreement, of land in Northern Ireland by any department or body exercising powers of acquisition under a reserved enactment.

• (2) An Order in Council under this section may include such provisions as appear to Her Majesty to be incidental to or consequential on any provision contained in such an Order by virtue of subsection (1) above.

• (3) An Order in Council under this section may be varied or revoked by a further Order in Council made thereunder.

Short title, commencement and extent.

89

• (1) This Act may be cited as the Land Compensation Act 1973.

• (2) Part I of this Act shall not come into force until the expiration of the period of one month beginning with the date on which this Act is passed.

• (3) Section 48 above does not affect any compensation which fell or falls to be assessed by reference to prices current on a date before the passing of this Act, and the other provisions of Part IV of this Act relating to the assessment of compensation do not affect any compensation which fell or falls to be assessed by reference to prices current on a date before 17th October 1972.

• (4) This Act, except section 88, does not extend to Northern Ireland and, except section 86 and Schedule 3, does not extend to Scotland.

SCHEDULES 1&2

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SCHEDULE 3 — REPEALS

Editorial notes