Legalize / United Kingdom / Public General Act

Acquisition of Land Act 1981

Type Public General Act

Publication 1981-10-30

Last updated 2026-03-11

State In force

Department Statute Law Database

Source legislation.gov.uk

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Part I — General

Final day for making objections

1

(1) In this Act “compulsory purchase” means a compulsory purchase of land, being—

(a) a compulsory purchase to which this Act applies by virtue of any other enactment, whether or not passed or made before this Act, or

(b) a compulsory purchase under an enactment specified in subsection (2) below.

(2) The enactments referred to in subsection (1)(b) above are—

section 2 of the Metropolitan Police Act 1886,

section 1(3) of the Military Lands Act 1892,

sections 25(1) and 39(1) of the Small Holdings and Allotments Act 1908,

section 5(1) of the Development and Road Improvement Funds Act 1909 as it applies to acquisition by local authorities (as defined in section 7(1) of this Act) or the Secretary of State,

. . .

section 530(1) of the Education Act 1996,

. . .

(3) In this section “enactment” includes any statutory instrument.

Compulsory purchase

Procedure for authorisation

2

(1) The authorisation of a compulsory purchase shall be conferred by an order (in this Act called a “compulsory purchase order”).

(2) A compulsory purchase order authorising a compulsory purchase by an authority other than a Minister is to be—

(a) made by that authority,

(b) submitted to the confirming authority, and

(3) A compulsory purchase order authorising a compulsory purchase by a Minister shall be made by the Minister in accordance with Schedule 1 to this Act.

Minerals

3

Schedule 2 to this Act (exception of minerals from purchases etc.) shall have effect.

Assessment of compensation

4

(1) In relation to a compulsory purchase the Land Compensation Act 1961 shall have effect subject to the provisions of this section.

(2) The Upper Tribunal shall not take into account any interest in land, or any enhancement of the value of any interest in land, by reason of any building erected, work done or improvement or alteration made, whether on the land purchased or on any other land with which the claimant is, or was at the time of the erection, doing or making of the building, works, improvement or alteration, directly or indirectly concerned, if the Upper Tribunal is satisfied that the creation of the interest, the erection of the building, the doing of the work, the making of the improvement or the alteration, as the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

Supplemental

Local inquiries

5

(1) For the purposes of the execution of his powers and duties under this Act, a Minister may cause to be held such public local inquiries as are directed by this Act and such other public local inquiries as he may think fit.

(2) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (giving of evidence on inquiries) shall apply to a public local inquiry held in pursuance of this Act.

(3) In relation to—

(a) a proposed acquisition of land by an authority other than a Minister, or

(b) the proposed extinction under Part VI of this Act of a right of way over land acquired or proposed to be acquired by an authority other than a Minister,

subsections (4) and (5) of the said section 250 (defraying of costs of inquiries) shall apply to a public local inquiry held in pursuance of this Act.

(4) In relation to each of the matters mentioned in paragraphs (a) and (b) of subsection (3), section 250(5) of the Local Government Act 1972 also applies—

(a) where arrangements are made for a public local inquiry to be held in England in pursuance of this Act but the inquiry does not take place;

(b) to the costs of a party to a public local inquiry held in England in pursuance of this Act who does not attend the inquiry.

Service of documents

6

(1) Any notice or other document required or authorised to be served under this Act may be served on any person either by delivering it to him, or by leaving it at his proper address, or by post, so however that the document shall not be duly served by post unless it is sent by registered letter, or by the recorded delivery service.

(2) Any such document required or authorised to be served upon an incorporated company or body shall be duly served if it is served upon the secretary or clerk of the company or body.

(3) For the purposes of this section and of section 7 of the Interpretation Act 1978 the proper address of any person upon whom any such document as aforesaid is to be served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person to be served:

(4) If the authority or Minister having jurisdiction to make the order in connection with which the document is to be served is satisfied that reasonable inquiry has been made and that it is not practicable to ascertain the name or address of an owner, lessee , tenant or occupier of land on whom any such document as aforesaid is to be served, the document may be served by addressing it to him by the description of “owner”, “lessee” , “tenant” or “occupier” of the land (describing it) to which it relates, and by delivering it to some person on the land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land.

(5) Any notice or other document required or authorised to be served on a person under this Act may be served by sending it to an email address or uploading it to a website at which the person has agreed in writing to receive notices or documents for the purposes of the compulsory purchase order to which the notice or document relates.

(6) Any notice or other document required or authorised to be served under this Act on—

(a) an acquiring authority,

(b) a confirming authority,

(d) a local authority, or

(e) a statutory undertaker,

may also be served electronically by a method mentioned in subsection (7).

(7) The methods of electronic service are—

(a) sending the notice or document to an appropriate email address, or

(b) uploading the notice or document to an appropriate website.

(8) For the purposes of subsection (7)—

(a) an email address or website is an appropriate one for the service of notices or documents if the person being served has—

(i) provided the email address or details of the website to the sender for the purposes of communicating with them about land subject to the compulsory purchase order or about the order itself, 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 for the service of notices or documents if the person being served has previously used it for the purposes of communicating with the sender about land subject to the compulsory purchase order or about the order itself.

(9) A notice or other document 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.

(10) In this section—

“inspector” means a person appointed under section 14D;

“local authority” means a local authority within the meaning of section 7(1) or section 17(4);

“statutory undertaker” includes the persons mentioned in section 16(3) and in the definition of statutory undertaker in section 17(4);

“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.

(11) This section does not apply to a communication required or authorised to be sent under this Act to the High Court.

Interpretation

7

(1) In this Act, except where the context otherwise requires—

“acquiring authority”, in relation to a compulsory purchase, means the Minister, local authority or other person who may be authorised to purchase the land compulsorily,

“appropriate website”, in relation to a notice about a proposed compulsory purchase, means a website which members of the public could reasonably be expected to find on searching on the internet for information about the scheme or project that underlies the proposed purchase,

“compulsory purchase order” means an order under section 2(1) above,

“confirming authority”, in relation to a compulsory purchase, means, where the acquiring authority is not a Minister, the Minister having power to authorise the acquiring authority to purchase the land compulsorily,

“land”—

(a) includes messuages, tenements and hereditaments, and

(b) in relation to compulsory purchase under any enactment, includes anything falling within any definition of the expression in that enactment,

“local authority” means—

(a) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

(a1) the London Fire Commissioner;

(aa) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

(b) a levying body within the meaning of section 74 of the Local Government Finance Act 1988 ;

(d) any joint board or joint committee if all the constituent authorities are such authorities as are described in paragraphs (a) to (c); and

(e) the Honourable Society of the Inner Temple or the Honourable Society of the Middle Temple,

“National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907,

“owner” in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement, the unexpired term whereof exceeds three years and a person who would have power to sell and convey or release the land to the acquiring authority if a compulsory purchase order were operative,

“prescribed”: see subsection (2) below.

(2) Anything which, by Part II or III of this Act, or Schedule 1 or 3 of this Act, is required or authorised to be prescribed shall be prescribed by regulations made by the Secretary of State by statutory instrument.

(3) But an instrument containing regulations made for the purposes of section 13A or 13BA or section 15A(11) or paragraph 4A or 4AA of Schedule 1 is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) So far as anything is required or authorised to be prescribed as mentioned in subsection (2) in relation to orders that fall to be made or confirmed by the Welsh Ministers—

(a) the reference in that subsection to the Secretary of State is to be read as a reference to the Welsh Ministers, and

(b) the reference in subsection (3) to either House of Parliament is to be read as a reference to Senedd Cymru.

Statutory undertakers

8

(1) In this Act, unless the context otherwise requires, “statutory undertakers” means—

(a) any person authorised by any enactment to construct, work or carry on—

(i) any railway, light railway, tramway, road transport, water transport, canal or inland navigation undertaking, or

(ii) any dock, harbour, pier or lighthouse undertaking, or

(iii) any undertaking for the supply of . . . , . . . , or hydraulic power, or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Civil Aviation Authority or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence), or

and in this subsection “enactment” means any Act or any order or scheme made under or confirmed by an Act.

(1ZA) The undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaking for the purposes of this Act except to the extent that it is the person’s undertaking as licence holder; and references in this Act to the person’s undertaking shall be construed accordingly.

(1A) The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.

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

(3) In this Act “the appropriate Minister” means, in relation to any statutory undertakers, the Secretary of State.

(4) If any question arises under this Act which Minister is the appropriate Minister, the question shall be determined by the Treasury.

Land held inalienably

9

For the removal of doubt it is hereby declared that any power conferred—

(a) under this Act, or

(b) by or under the Acquisition of Land (Authorisation Procedure) Act 1946, or any enactment passed before the commencement of that Act,

to purchase land compulsorily is, except in so far as any express provision of any such enactment restricts the exercise of the power, exercisable notwithstanding any other enactment providing that the land shall be inalienable.

Part II — Purchases By Local And Other Authorities

Preliminary

10

(1) This Part of this Act has effect except where a Minister is the acquiring authority.

(2) The compulsory purchase order shall be in the prescribed form and shall describe by reference to a map the land to which it applies.

(3) Before submitting the order to the confirming authority the acquiring authority shall comply with sections 11 and 12 below.

Notices prior to submission of order to confirming authority

Notices in newspapers

11

(1) The acquiring authority shall—

(a) in two successive weeks publish a notice in the prescribed form in one or more local newspapers circulating in the locality in which the land comprised in the order is situated , and

(b) for a period of at least 21 days ending with the day specified under subsection (2)(d), publish a notice in the prescribed form on an appropriate website.

(2) The notice notices shall—

(a) state that the order has been made and is about to be submitted for confirmation,

(b) describe the land and state the purpose for which the land is required,

(ca) specify a website on which those copies may be viewed, and

(d) specify the time (not being less than twenty-one days from the first publication of the notice) within which, and the manner in which, objections to the order can be made.

(d) specify the final day for making objections to the order, and the manner in which objections can be made.

(2ZA) In the case of a notice under subsection (1)(a), the requirement in subsection (2)(b) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).

(2A) If the confirming authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority to make the copies referred to in subsection (2)(c) available for inspection at an appropriate place, the confirming authority may direct that the requirement in subsection (2)(c) (together with that in section 12(1)(ba)) is not to apply.

(3) In addition, the acquiring authority shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the order.

(4) The notice under subsection (3) must—

(a) be addressed to persons occupying or having an interest in the land, and

(b) set out each of the matters mentioned in subsection (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under subsection (3) is first affixed).

Notices to owners, lessees and occupiers

12

(1) The acquiring authority shall serve on every qualifying person a notice in the prescribed form—

(a) stating the effect of the order,

(b) stating that it is about to be submitted for confirmation, and

(ba) (subject to section 11(2A)) naming a place within the locality where a copy of the order and of the map referred to in it may be inspected,

(bb) specifying a website on which those copies may be viewed, and

(c) specifying the time (not being less than twenty-one days from service of the notice) within which, and the manner in which, objections to the order can be made.

(2) A person is a qualifying person, in relation to land comprised in an order, if—

(a) he is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land, ...

(b) he falls within subsection (2A) , or

(c) the person is entitled to the benefit of an obligation under a conservation covenant (within the meaning of Part 7 of the Environment Act 2021) relating to the land.

(2A) A person falls within this subsection if he is—

(a) a person to whom the acquiring authority would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or

(b) a person the acquiring authority thinks is likely to be entitled to make a relevant claim if the order is confirmed and the compulsory purchase takes place, so far as he is known to the acquiring authority after making diligent inquiry.

(2B) A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).

(3) Where under this section any notice is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the Church Commissioners Diocesan Board of Finance for the diocese in which the land is situated .

In this subsection “ecclesiastical property” means land belonging to any ecclesiastical benefice of the Church of England , or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976.

Confirmation of order

13

(1) The confirming authority may confirm a compulsory purchase order with or without modifications if it is satisfied—

(a) that the notice requirements have been complied with, and

(b) that one of the conditions in subsection (2) is satisfied.

(2) The conditions are—

(a) no relevant objection is made;

(b) every relevant objection made is either withdrawn or disregarded.

(3) The confirming authority may require every person who makes a relevant objection to state the grounds of the objection in writing.

(4) If the confirming authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection.

(5) The notice requirements are the requirements under sections 11 and 12 to publish, affix and serve notices in connection with the compulsory purchase order.

(6) A relevant objection is an objection by a person who is a qualifying person for the purposes of section 12(2), but if such a person qualifies only by virtue of section 12(2A)(b) and the confirming authority thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection.

(7) Disregarded means disregarded under subsection (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.

Land not originally included in order

14

The order as confirmed by the confirming authority shall not, unless all persons interested consent, authorise the acquiring authority to purchase compulsorily any land which the order would not have authorised that authority to purchase compulsorily if it had been confirmed without modification.

Notices after confirmation of order

15

(1) After the order has been confirmed, the acquiring authority must—

(a) serve a confirmation notice and a copy of the order as confirmed on each person on whom a notice was required to be served under section 12, and

(b) affix a confirmation notice to a conspicuous object or objects on or near the land comprised in the order.

(2) The notice under subsection (1)(b) must—

(a) be addressed to persons occupying or having an interest in the land;

(b) so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative day on which the authority takes the final step needed to comply with subsection (1)(a).

(3) Unless the order was confirmed conditionally, The acquiring authority must also publish a confirmation notice—

(a) in one or more local newspapers circulating in the locality in which the land comprised in the order is situated , and

(b) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the authority takes the final step needed to comply with subsection (1)(a).

(3A) The acquiring authority must comply with subsections (1) and (3) (3)(a) before the end of—

(a) the period of 6 weeks beginning with the day on which the order is confirmed, or

(b) such longer period beginning with that day as may be agreed in writing between the acquiring authority and the confirming authority.

(3B) If the acquiring authority fails to comply with subsections (1) and (3) (3)(a) in accordance with subsection (3A), or with subsection (3)(b), the confirming authority may—

(a) take any steps that the acquiring authority was required but has failed to take to comply with those subsections, and

(b) recover the reasonable costs of doing so from the acquiring authority.

(4) A confirmation notice is a notice—

(a) describing the land;

(b) stating that the order has been confirmed;

(ba) if the order was confirmed conditionally, stating the conditions and time specified under section 13BA(3);

(c) (except in the case of a notice under subsection (1)(a)) naming a place where a copy of the order as confirmed and of the map referred to there may be inspected at all reasonable hours;

(ca) specifying a website on which those copies may be viewed;

(d) that a person aggrieved by the order may apply to the High Court as mentioned in section 23.

(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.

(4ZA) In the case of a notice under subsection (3)(a), the requirement in subsection (4)(a) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).

(4A) If the confirming authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority to make the copies referred to in subsection (4)(c) available for inspection at an appropriate place, the confirming authority may direct that the requirement in subsection (4)(c) is not to apply.

(4B) If the order was confirmed conditionally and the confirming authority decides under section 13BA that the conditions have been met, the acquiring authority must serve—

(a) a copy of the order, and

(b) a fulfilment notice,

on each person on whom a notice was required to be served under section 12.

(4C) Where subsection (4B) applies, the acquiring authority must also—

(a) affix a fulfilment notice to a conspicuous object or objects on or near the land comprised in the order, and

(b) publish a fulfilment notice—

(i) in one or more local newspapers circulating in the locality in which the land comprised in the order is situated, and

(ii) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the acquiring authority takes the final step needed to comply with subsection (4B).

(4D) The acquiring authority must comply with subsections (4B) and (4C)(a) and (b)(i) before the end of—

(a) the period of 6 weeks beginning with the day on which the decision under section 13BA is made, or

(b) such longer period beginning with that day as may be agreed in writing between the acquiring authority and the confirming authority.

(4E) If the acquiring authority fails to comply with those provisions before the end of that period, or fails to comply with subsection (4C)(b)(ii), the confirming authority may—

(a) take any steps that the acquiring authority was required but has failed to take to comply, and

(b) recover the reasonable costs of doing so from the acquiring authority

(4F) A fulfilment notice is a notice—

(a) stating that the conditions subject to which the order was confirmed have been met and that the order will therefore become operative, and

(b) annexing the information that was contained in the confirmation notice except that, in the case of a fulfilment notice under subsection (4C)(b)(i), the requirement to annex a description of the land (see subsection (4)(a)) may be met by briefly identifying the land (by giving its postal address or otherwise).

(5) A confirmation notice or fulfilment notice must be in the prescribed form.

(6) The acquiring authority must send the confirmation notice , and any fulfilment notice, to the Chief Land Registrar and it each such notice shall be a local land charge.

Part III — Special Kinds of Land

Statutory undertakers' land excluded from compulsory purchase

16

(1) This section applies where the land comprised in a compulsory purchase order includes land which has been acquired by statutory undertakers for the purposes of their undertaking and on a representation made to the appropriate Minister before the expiration of the time within which objections to the order can be made he is satisfied that—

(a) any of the said land is used for the purposes of the carrying on of their undertaking, or

(b) an interest in any of the said land is held for those purposes.

and the representation is not withdrawn..

(2) The compulsory purchase order shall not be confirmed or made so as to authorise the compulsory purchase of any land as to which the appropriate Minister is satisfied as aforesaid except land as to which he is satisfied that its nature and situation are such—

(a) that it can be purchased and not replaced without serious detriment to the carrying on of the undertaking, or

(b) that if purchased it can be replaced by other land belonging to, or available for acquisition by, the undertakers without serious detriment to the carrying on thereof,

and certifies accordingly.

(3) In the preceding provisions of this section “statutory undertakers” include—

(a) a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990; . . .

(aa) NHS England;

(ab) an integrated care board established under section 14Z25 of the National Health Service Act 2006;

(b) a National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 or the National Health Service (Scotland) Act 1978;

(ba) an NHS foundation trust;

(d) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 ;

but in relation to a health service body, as so defined, any reference in those provisions to land acquired or available for acquisition by the statutory undertakers shall be construed as a reference to land acquired or available for acquisition by the Secretary of State for use or occupation by that body

Orders subject to special parliamentary procedure

Local authority and statutory undertakers' land

17

(1) This section applies to land which—

(a) is the property of a local authority, or

(b) has been acquired by statutory undertakers, who are not a local authority, for the purposes of their undertaking.

(2) Subject to subsection (3) below, a compulsory purchase order shall, in so far as it authorises the compulsory purchase of land to which this section applies, be subject to special parliamentary procedure in any case where an objection to the compulsory purchase of the land has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.

(2A) Subsection (3) of section 16 above applies in relation to subsections (1) and (2) above as it applies in relation to the preceding provisions of that section.

(3) Subsection (2) above shall not apply to the compulsory acquisition of an interest in land where the person acquiring the interest is a local authority (as defined in subsection (4) below) a National Park authority, an urban development corporation , a Mayoral development corporation , ...,. . . . . ., a Welsh planning board, any statutory undertakers or a Minister.

(4) In subsection (3) above—

“local authority” means—in relation to England, the council of a county or district the Broads Authority, the council of a London borough, the Common Council of the City of London, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, the London Fire Commissioner, .... . . . . . , a joint authority established by Part 4 of the Local Government Act 1985 , a combined authority established under section 103 of that Act or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, in relation to Wales, the council of a county or county borough, or a police authority established under section 3 of the Police Act 1996. . . and this definition applies to the Isles of Scilly as if the Council of those Isles were the council of a county;

“statutory undertakers” includes—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006, andan NHS foundation trust,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the Schools Funding Council for Wales,... NHS England, an integrated care board established under section 14Z25 of the National Health Service Act 2006, any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.

“a Welsh planning board” means a board constituted under—section 2(1B) of the Town and Country Planning Act 1990; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) An order under paragraph (b) of the definition of “statutory undertakers” in subsection (4) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

National Trust land

18

(1) This section applies to land belonging to the National Trust which is held by the Trust inalienably.

(2) A compulsory purchase order shall, in so far as it authorises the compulsory purchase of land to which this section applies, be subject to special parliamentary procedure in any case where an objection to the compulsory purchase of the land has been duly made by the National Trust and has not been withdrawn.

(3) In this section “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the National Trust Act 1907 or section 8 of the National Trust Act 1939.

Commons, open spaces etc.

19

(1) In so far as a compulsory purchase order authorises the purchase of any land forming part of a common, open space or fuel or field garden allotment, the order shall be subject to special parliamentary procedure unless the Secretary of State is satisfied—

(a) that there has been or will be given in exchange for such land, other land, not being less in area and being equally advantageous to the persons, if any, entitled to rights of common or other rights, and to the public, and that the land given in exchange has been or will be vested in the persons in whom the land purchased was vested, and subject to the like rights, trusts and incidents as attach to the land purchased, or

(aa) that the land is being purchased in order to secure its preservation or improve its management

(b) that the land does not exceed 250 square yards in extent or is required for the widening or drainage of an existing highway or partly for the widening and partly for the drainage of such a highway and that the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public,

and certifies accordingly.

(2) Where it is proposed to give a certificate under this section, the Secretary of State shall direct the acquiring authority to give public notice of his intention so to do, and—

(a) after affording opportunity to all persons interested to make representations and objections in relation thereto, and

(b) after causing a public local inquiry to be held in any case where it appears to him to be expedient so to do, having regard to any representations or objections made,

the Secretary of State may, after considering any representations and objections made and, if an inquiry has been held, the report of the person who held the inquiry, give the certificate.

(2A) Notice under subsection (2) above shall be given in such form and manner as the Secretary of State may direct.

(3) A compulsory purchase order may provide for—

(a) vesting land given in exchange as mentioned in subsection (1) above in the persons, and subject to the rights, trusts and incidents, therein mentioned, and

(b) discharging the land purchased from all rights, trusts and incidents to which it was previously subject except where the Secretary of State has given a certificate under subsection (1)(aa) above..

(4) In this section—

“common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green,

“fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act,

“open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land being a disused burial ground.

Ancient monuments

20

Land within more than one provision in Part III

21

In the case of land falling within more than one of sections 17 to 20 above a compulsory purchase order shall be subject to special parliamentary procedure if required to be subject thereto by any of those sections.

Supplemental

Notice of giving of certificate

22

As soon as may be after the giving of a certificate under this Part of this Act, the acquiring authority shall publish—

(a) in one or more local newspapers circulating in the locality in which the land comprised in the order is situated , and

(b) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the certificate is given,

a notice in the prescribed form stating that the certificate has been given.

Part IV — Validity and Date of Operation of Orders and Certificates

Grounds for application to High Court

23

(1) If any person aggrieved by a compulsory purchase order desires to question the validity thereof, or of any provision contained therein, on the ground that the authorisation of a compulsory purchase thereby granted is not empowered to be granted under this Act or any such enactment as is mentioned in section 1(1) of this Act, he may make an application to the High Court.

(2) If any person aggrieved by—

(a) a compulsory purchase order, or

(b) a certificate under Part III of, or Schedule 3 to, this Act,

desires to question the validity thereof on the ground that any relevant requirement has not been complied with in relation to the order or certificate he may make an application to the High Court.

(3) In subsection (2) above “relevant requirement” means—

(a) any requirement of this Act, or of any regulation under section 7(2) above, or

(b) any requirement of the Tribunals and Inquiries Act 1992 or of any rules made, or having effect as if made, under that Act.

(4) An application to the High Court under this section shall be made within six weeks—

(a) in the case of a compulsory purchase order to which the Statutory Orders (Special Procedure) Act 1945 applies (and which is not excluded by section 27 below), from the date on which the order becomes operative under that Act,

(b) in the case of a compulsory purchase order to which the said Act of 1945 does not apply, from the date on which notice of the confirmation or making of the order is first published in accordance with this Act,

(c) in the case of a certificate, the date on which notice of the giving of the certificate is first published in accordance with this Act.

Powers of the court

24

(1) On an application under section 23 above the court may by interim order suspend the operation of the compulsory purchase order or any provision contained therein, or of the certificate, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings.

(2) If on the application the court is satisfied that—

(a) the authorisation granted by the compulsory purchase order is not empowered to be granted under this Act or any such enactment as is mentioned in section 1(1) of this Act, or

(b) the interests of the applicant have been substantially prejudiced by any relevant requirement (as defined in section 23(3) above) not having been complied with,

the court may quash the compulsory purchase order or any provision contained therein, or the certificate, either generally or in so far as it affects any property of the applicant.

(3) If the court has power under subsection (2) to quash a compulsory purchase order it may instead quash the decision to confirm the order either generally or in so far as it affects any property of the applicant.

Restriction on other court proceedings

25

Subject to the preceding provisions of this Part of this Act, a compulsory purchase order, or a certificate under Part III of, or Schedule 3 to, this Act, shall not, either before or after it has been confirmed, made or given, be questioned in any legal proceedings whatsoever.

Date of operation

26

(1) Subject to section 24 above, a compulsory purchase order, other than one to which the Statutory Orders (Special Procedure) Act 1945 applies, shall become operative on the date on which notice of the confirmation or making of the order is first published in accordance with this Act.

(2) Subject to section 24 above, a certificate under Part III of, or Schedule 3 to, this Act shall become operative on the date on which notice of the giving of the certificate is first published in accordance with this Act.

(1A) A compulsory purchase order confirmed under Part 2 becomes operative—

(a) if it is confirmed unconditionally, on the date on which a confirmation notice in respect of the order is first published as required by section 15(3)(a);

(b) if it is confirmed conditionally, on the date on which a fulfilment notice in respect of the order is first published as required by section 15(4C)(b)(i).

(1B) A compulsory purchase order made under Schedule 1 becomes operative—

(a) if it is made unconditionally, on the date on which a making notice in respect of the order is first published as required by paragraph 6(3)(a) of that Schedule;

(b) if it is made conditionally, on the date on which a fulfilment notice in respect of the order is first published as required by paragraph 6(4C)(b)(i) of that Schedule.

(1C) Subsections (1A) and (1B) do not apply to an order to which the Statutory Orders (Special Procedure) Act 1945 applies.

(2A) A certificate given under Part 3 becomes operative on the date on which it is first published as required by section 22(a).

(2B) A certificate given under Schedule 3 becomes operative on the date on which it is first published as required by paragraph 9(a) of that Schedule.

(3) This section is subject to section 24.

Exclusion of orders confirmed by Act of Parliament

27

This Part of this Act shall not apply to an order which is confirmed by Act of Parliament under section 4 or 6 of the Statutory Orders (Special Procedure) Act 1945.

Part V — Procedure in Special Cases

Compulsory acquisition of rights over land

Acquisition of rights over land by the creation of new rights

28

Schedule 3 to this Act applies to the compulsory acquisition under this Act of rights over land by the creation of new rights by virtue of—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) section 21A of the Welsh Development Agency Act 1975,

(b) section 13(1) of the Local Government (Miscellaneous Provisions) Act 1976,

(d) section 142(4) of the Local Government, Planning and Land Act 1980,

(e) section 250 of the Highways Act 1980.

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) paragraph 1 of Schedule 3 to the Gas Act 1986.

(h) paragraph 1 of Schedule 3 to the Electricity Act 1989.

(i) paragraph 3(3) of Schedule 4 to the Communications Act 2003.

Compulsory rights orders under Opencast Coal Act 1958

29

(1) This Act in its application to compulsory rights orders by section 4 of the Opencast Coal Act 1958 has effect subject to this section.

(2) Parts II, III and IV of this Act shall apply as if in those provisions—

(a) any reference to a compulsory purchase order were a reference to a compulsory rights order,

(b) any reference to the acquiring authority were a reference to the Coal Authority , and any reference to the confirming authority were a reference to the Secretary of State, and

(c) any reference to authorising the compulsory purchase of land were a reference to operating so as to confer . . . temporary rights of occupation and use of land.

(3) Any modifications of particular provisions of this Act which are specified in the following provisions of this section shall have effect, in relation to those provisions, in addition to the general modifications mentioned above.

(4) Part II of this Act shall apply as if for section 12 there was substituted—

(12) The acquiring authority shall— (a) serve on all persons who at the time when notice of the order is first published under section 11 above are known to the acquiring authority to be persons directly concerned a notice in the prescribed form— (i) stating the effect of the order and that it is about to be submitted for confirmation, and (ii) specifying the time (not being less than 21 days from service of the notice) within which, and the manner in which, objections thereto can be made, and (b) affix conspicuously to some conspicuous object or objects on the land comprised in the order a notice or notices containing the particulars specified in paragraph (a)(i) and (ii) above.

(5) Section 13 of this Act shall apply as if for the reference to a qualifying person for the purposes of section 12(2) there were substituted a reference to any person who, in relation to the order, is a person directly concerned.

(6) Except where the Secretary of State is proceeding concurrently with respect to an application for opencast planning permission and a compulsory rights order, the Secretary of State may disregard an objection to such an order if he is satisfied that it relates to the question whether opencast planning permission should be granted or should have been granted and either—

(a) it relates exclusively to that question, or

(b) in so far as it relates to other matters, they consist entirely of matters which can be dealt with in the assessment of compensation.

This subsection is without prejudice to the operation of section 13 of this Act.

(6A) Part III of this Act shall apply as if section 17 were omitted.

(7) In section 19 of this Act—

(a) any reference to giving other land in exchange shall be construed as a reference to making other land available during the period for which the compulsory rights order is to have effect,

(b) the provisions of the said section 19 as to the vesting of land, and as to its being made subject to the like rights, trusts and incidents as the land purchased, shall apply with the necessary modifications, and

(8) Section 23 of this Act shall apply as if—

(a) in subsection (1) for the first reference to this Act there were substituted a reference to the Opencast Coal Act 1958,

(b) in subsection (3)(a) the reference to this Act included a reference to that Act.

(9) The date on which the compulsory rights order becomes operative shall be that mentioned in section 26(1) of this Act or such later date (not being more than one year after confirmation of the order) as may be determined by the Secretary of State and specified in the order as confirmed.

(10) In the application of this Act to compulsory rights orders “prescribed” means prescribed by regulations under the Opencast Coal Act 1958.

(11) In this section “opencast planning permission” and “persons directly concerned” have the same meanings as in the Opencast Coal Act 1958.

Acquisition of rights in connection with underground storage of gas

30

(1) Subject to this section, in relation to the compulsory purchase—

(a) of a right to store gas in an underground gas storage under section 12(1) of the Gas Act 1965, or

(b) of any right under subsections (2) or (3) of section 13 of that Act,

this Act, the enactments incorporated therewith and the Compulsory Purchase Act 1965 shall have effect as if—

(i) references (whatever the terms used) to the land comprised in the compulsory purchase order were construed, where the context so requires, as references to the stratum of land constituting the underground gas storage or, as the case may be, the land comprising the well, borehole or shaft, and

(ii) references to the obtaining or taking possession of the land so comprised were construed as references to the exercise of the right.

(2) In relation to the compulsory purchase of a right to store gas in an underground gas storage under section 12(1) of the Gas Act 1965 this Act shall have effect—

(a) as if in sections 16 to 18 of this Act references to the land comprised in the compulsory purchase order included references to any land held with the stratum of land constituting the underground gas storage,

(b) as if sections 19 and 20 of this Act were omitted.

(3) Section 28 above and Schedule 3 to this Act shall not apply to a compulsory purchase to which this section applies.

Statutory undertakers’ land

Acquisition under certain Acts of statutory undertakers' land without a certificate

31

(1) This section applies to a compulsory purchase order under—

(a) the Town and Country Planning Act 1990 or the Planning (Listed Buildings and Conservation Areas) Act 1990 or Part 3 of the Historic Environment (Wales) Act 2023,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 142 or 143 of the Local Government, Planning and Land Act1980 (acquisition by urban development corporation),

(ca) section 207(2) of the Localism Act 2011 (acquisition by Mayoral development corporation), or

(d) section 21A of, and Schedule 4 to, the Welsh Development Agency Act 1975,

being a compulsory purchase order authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking.

(2) Section 16(2) of, and paragraph 3(2) of Schedule 3 to, this Act shall not apply to an order confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would (apart from this subsection) have power to make or confirm it.

(4) Where in accordance with this section a compulsory acquisition is effected under a compulsory purchase order confirmed or made without the appropriate Minister’s certificate sections 280 to 282 of the Town and Country Planning Act 1990 (measure of compensation) shall apply in accordance with section 280(1)(c) of that Act.

Part VI — Footpaths and Bridleways

Power to extinguish certain public rights of way

32

(1) This section applies where land is acquired, or proposed to be acquired—

(a) in pursuance of a compulsory purchase order, or

(b) by agreement for a purpose, and by an authority, such that the compulsory acquisition of the land could be authorised by a compulsory purchase order,

and there subsists over any part of the land a public right of way, not being a right enjoyable by vehicular traffic.

(2) If the acquiring authority is satisfied that a suitable alternative right of way has been or will be provided, or that the provision thereof is not required, the acquiring authority may by order extinguish the right of way; and Schedule 6 to the Highways Act 1980 shall have effect as to the making, confirmation, validity and date of operation of any such order.

(3) If the acquiring authority is not the Secretary of State—

(a) the order under subsection (2) above shall not take effect unless confirmed by the Secretary of State, or unless confirmed, as an unopposed order, by the acquiring authority under paragraph 2(1)(b) of Schedule 6 to the Highways Act 1980 as applied by this section, and

(b) the Secretary of State shall not confirm the order unless satisfied that this section applies, and that a suitable alternative right of way has been or will be provided, or that the provision thereof is not required.

(4) The time specified in the order under subsection (2) above as the time from which the right of way is extinguished shall not be earlier than—

(a) confirmation of the order, or if the Secretary of State is the acquiring authority, the making of the order;

(b) if in the exercise of the power conferred by section 11(1) of the Compulsory Purchase Act 1965, or by agreement, the acquiring authority takes possession of the land, the date on which the authority takes possession of the land;

(c) if the acquiring authority does not take possession of the land in exercise of any such power, the date on which the acquisition of the land is completed.

(5) Where a right of way is extinguished under this section at a date before the acquisition of the land is completed, then if at any time thereafter it appears to the acquiring authority that the proposal to acquire the land has been abandoned, the acquiring authority shall by order direct that the right shall revive, without prejudice, however, to the making of a new order extinguishing the right.

(6) No order shall be made under subsection (2) above as respects a right of way over land on, over or under which there is any apparatus belonging to statutory undertakers unless the undertakers consent to the making of the order, and—

(a) the consent may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they may reasonably require, and

(b) the consent shall not be unreasonably refused.

Any question arising under this subsection whether any requirement or refusal is reasonable shall be determined by the appropriate Minister.

(6A) In subsection (6) above the reference to apparatus belonging to statutory undertakers shall include a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network and in relation to any such apparatus—

(a) the references to the undertakers shall have effect as references to the operator of the network in question; and

(b) the reference to the appropriate Minister shall have effect as a reference to the Secretary of State.

(7) This section shall not apply where section 251 or 258 of the Town and Country Planning Act 1990 (extinction of public rights of way over land held for planning purposes) applies.

(8) This section applies subject to any provision to the contrary in any other Act and subject in particular to the exclusion of this Part of this Act by—

section 41 or 42 or 42A of the Civil Aviation Act 1982,

. . .

(9) Except as provided in this section nothing in this Act shall be taken to authorise the extinction of any public right of way.

Land acquired before commencement of this Act

33

(1) In section 32 above “compulsory purchase order” includes—

(a) a compulsory purchase order under the Acquisition of Land (Authorisation Procedure) Act 1946, and

(b) an authorisation under section 2 of that Act (which was repealed by the Statute Law Revision Act 1953).

(2) Section 32 above shall apply in relation to land acquired before the commencement of the said Act of 1946 by a local authority, being—

(a) land acquired compulsorily under any public general Act in force immediately before the commencement of the said Act of 1946 other than—

(i) the Light Railways Acts 1896 and 1912,

(ii) Part III of the Housing Act 1936,

(iii) the Town and Country Planning Act 1944, or

(b) land acquired by agreement for a purpose such that the land could have been so acquired compulsorily.

Part VII — Supplemental

Consequential amendments, transitionals and repeals

34

(1) The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Act.

(2) The transitional provisions in Schedule 5 to this Act shall have effect.

(3) The enactments and instruments specified in Schedule 6 to this Act (of which those in Part II are spent) shall be repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent

35

(1) This Act may be cited as the Acquisition of Land Act 1981.

(2) This Act shall come into force at the expiration of a period of three months beginning with the date on which it is passed.

(3) This Act, except so far as Schedule 4 amends any enactment which extends to Scotland or Northern Ireland, extends to England and Wales only.

SCHEDULE 1

1

(1) This Schedule has effect where a Minister is the acquiring authority.

(2) The compulsory purchase order shall be prepared in draft and shall describe by reference to a map the land to which it applies.

(3) Subject as aforesaid the form of the order shall be such as the Minister may determine.

(3A) The order may, in particular, include provision specifying a period longer than three years for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for notice to treat) and section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (time limit for general vesting declaration).

(4) As soon as may be after the draft of the order has been prepared, and before making the order, the Minister shall comply with paragraphs 2 and 3 below.

(5) The provisions of the said paragraphs 2 and 3 as to the notice thereby required shall apply subject to such modifications of the form of the notice as appear to the Minister to be requisite.

Notices in newspapers Public notices

2

(1) The Minister shall—

(a) in two successive weeks publish a notice in the prescribed form in one or more local newspapers circulating in the locality in which the land comprised in the draft order is situated , and

(b) for a period of at least 21 days ending with the day specified under sub-paragraph (2)(d), publish a notice in the prescribed form on an appropriate website.

(2) The notice notices shall—

(a) state that the order has been prepared in draft and is about to be made,

(b) describe the land and state the purpose for which the land is required,

(c) name a place within the locality where a copy of the draft order and of the map referred to therein may be inspected, and

(ca) specify a website on which those copies may be viewed, and

(d) specify the time (not being less than twenty-one days from the first publication of the notice) within which, and the manner in which, objections to the draft order can be made.

(d) specify the final day for making objections to the draft order, and the manner in which objections can be made.

(2ZA) In the case of a notice under sub-paragraph (1)(a), the requirement in sub-paragraph (2)(b) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).

(2A) If the appropriate authority (see paragraph 4(8)) is satisfied that, because of special circumstances, it is impracticable for the Minister to make the copies referred to in sub-paragraph (2)(c) available for inspection at an appropriate place, the appropriate authority may direct that the requirement in sub-paragraph (2)(c) (together with that in paragraph 3(1)(ba)) is not to apply.

(3) In addition, the Minister shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the draft order.

(4) The notice under sub-paragraph (3) must—

(a) be addressed to persons occupying or having an interest in the land, and

(b) set out each of the matters mentioned in sub-paragraph (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under sub-paragraph (3) is first affixed).

Notices to owners, lessees , occupiers and others

3

(1) The Minister shall serve on every qualifying person a notice in the prescribed form—

(a) stating the effect of the draft order,

(b) stating that it is about to be made, and

(ba) (subject to paragraph 2(2A)) naming a place within the locality where a copy of the draft order and of the map referred to in it may be inspected,

(bb) specifying a website on which those copies may be viewed, and

(c) specifying the time (not being less than twenty-one days from service of the notice) within which, and the manner in which, objections to the draft order can be made.

(2) A person is a qualifying person, in relation to land comprised in a draft order, if—

(a) he is an owner, lessee, tenant (whatever the tenancy period) or occupier of any such land, ...

(b) he falls within sub-paragraph (2A) , or

(c) the person is entitled to the benefit of an obligation under a conservation covenant (within the meaning of Part 7 of the Environment Act 2021) relating to the land.

(2A) A person falls within this sub-paragraph if he is—

(a) a person to whom the Minister would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or

(b) a person the Minister thinks is likely to be entitled to make a relevant claim if the order is made and the compulsory purchase takes place, so far as he is known to the Minister after making diligent inquiry.

(2B) A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).

(3) Where under this paragraph any notice is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.

In this sub-paragraph “ecclesiastical property” means land belonging to any ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction ....

Making of order

4

(1) The Minister may make a compulsory purchase order with or without modifications if he is satisfied—

(a) that the notice requirements have been complied with, and

(b) that one of the conditions in sub-paragraph (2) is satisfied.

(2) The conditions are—

(a) no relevant objection is made;

(b) every relevant objection made is either withdrawn or disregarded.

(3) The appropriate authority may require every person who makes a relevant objection to state the grounds of the objection in writing.

(4) If the appropriate authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection.

(5) The notice requirements are the requirements under paragraphs 2 and 3 to publish, affix and serve notices in connection with the compulsory purchase order.

(6) A relevant objection is an objection by a person who is a qualifying person for the purposes of paragraph 3(2), but if such a person qualifies only by virtue of paragraph 3(2A)(b) and the Minister thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection.

(7) Disregarded means disregarded under sub-paragraph (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.

(8) The appropriate authority is—

(a) in the case of an order proposed to be made in the exercise of highway land acquisition powers, the Minister and the planning Minister acting jointly,

(b) in any other case, the Minister.

(9) Highway land acquisition powers must be construed in accordance with the Highways Act 1980.

(10) The planning Minister is the Secretary of State for the time being having general responsibility in planning matters.

Land not included in draft order

5

The order, as made by the Minister, shall not, unless all persons interested consent, authorise the Minister to purchase compulsorily any land which the draft order would not have authorised the Minister to purchase compulsorily if it had been made without modification.

Notices after making of order

6

(1) After the order has been made, the Minister must—

(a) serve a making notice, and a copy of the order as made, on each person on whom a notice was required to be served under paragraph 3, and

(b) affix a making notice to a conspicuous object or objects on or near the land comprised in the order.

(2) The notice under sub-paragraph (1)(b) must—

(a) be addressed to persons occupying or having an interest in the land;

(b) so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative day on which the Minister takes the final step needed to comply with sub-paragraph (1)(a).

(3) Unless the order was made conditionally, The Minister must also publish a making notice—

(a) in one or more local newspapers circulating in the locality in which the land comprised in the order is situated , and

(b) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the Minister takes the final step needed to comply with sub-paragraph (1)(a).

(4) A making notice is a notice—

(a) describing the land;

(b) stating that the order has been made;

(ba) if the order was made conditionally, stating the conditions and time specified under paragraph 4AA(3);

(c) (except in the case of a notice under sub-paragraph (1)(a)) naming a place where a copy of the order as made and of the map referred to there may be inspected at all reasonable hours;

(ca) specifying a website on which those copies may be viewed;

(d) that a person aggrieved by the order may apply to the High Court as mentioned in section 23.

(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.

(4ZA) In the case of a notice under sub-paragraph (3)(a), the requirement in sub-paragraph (4)(a) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).

(4A) If the appropriate authority is satisfied that, because of special circumstances, it is impracticable for the Minister to make the copies referred to in sub-paragraph (4)(c) available for inspection at an appropriate place, the appropriate authority may direct that the requirement in sub-paragraph (4)(c) is not to apply.

(4B) If the order was made conditionally and the Minister decides under paragraph 4AA that the conditions have been met, the Minister must serve—

(a) a copy of the order, and

(b) a fulfilment notice,

on each person on whom a notice was required to be served under paragraph 3.

(4C) Where sub-paragraph (4B) applies, the Minister must also—

(a) affix a fulfilment notice to a conspicuous object or objects on or near the land comprised in the order, and

(b) publish a fulfilment notice—

(i) in one or more local newspapers circulating in the locality in which the land comprised in the order is situated, and

(ii) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the Minister takes the final step needed to comply with sub-paragraph (4B).

(4D) A fulfilment notice is a notice—

(a) stating that the conditions subject to which the order was made have been met and that the order will therefore become operative, and

(b) annexing the information that was contained in the making notice except that, in the case of a fulfilment notice under sub-paragraph (4C)(b)(i), the requirement to annex a description of the land (see sub-paragraph (4)(a)) may be met by briefly identifying the land (by giving its postal address or otherwise).

(5) A making notice or fulfilment notice must be in the prescribed form.

(6) The Minister must send the making notice , and any fulfilment notice, to the Chief Land Registrar and it each such notice shall be a local land charge.

SCHEDULE 2

Part I

1

(1) A compulsory purchase order may, as respects all or any of the land to which the order relates, provide for the incorporation with the compulsory purchase order of—

(a) Part II of this Schedule (which re-enacts section 77 of the Railways Clauses Consolidation Act 1845), or

(b) Parts II and III of this Schedule (which together re-enact sections 77 to 85 of that Act).

(2) In this Schedule, unless the context otherwise requires—

“mines” means mines of coal, ironstone, slate and other minerals,

“owner”, in relation to mines or minerals, includes a lessee or occupier.

(3) In this Schedule “underlying”, in relation to mines or minerals, means mines or minerals lying under, or within the prescribed distance from, the undertaking, and in this sub-paragraph “prescribed distance” means the distance prescribed by the compulsory purchase order, or if no distance is so prescribed, 40 yards.

(4) In this Schedule “the undertaking” means the undertaking which the acquiring authority is authorised to carry out by the enactment under which the purchase is authorised, but the compulsory purchase order may include such modifications of references in this Schedule to the undertaking as may be specified in the order.

(5) This Schedule has effect subject to section 10(3) of the Coal Industry Act 1994 (coal not to be alienated under enactments authorising compulsory purchase of land).

Part II

2

(1) The acquiring authority shall not be entitled to any mines under the land comprised in the compulsory purchase order unless they have been expressly purchased, and all mines under the land shall be deemed to be excepted out of the conveyance of that land unless expressly named and conveyed.

(2) Sub-paragraph (1) above shall not apply to minerals necessarily extracted or used in the construction of the undertaking.

Part III

3

(1) If the owner of any underlying mines or minerals desires to work them, he shall give the acquiring authority notice in writing of his intention to do so 30 days before the commencement of working.

(2) On receipt of the notice the acquiring authority may cause the mines to be inspected by a person appointed by them for the purpose.

(3) Subject to paragraph 4(1) below, if the acquiring authority consider that the working of the underlying mines or minerals is likely to damage the undertaking, and is willing to compensate the owner for all or any part of the mines, the owner shall not work or get them.

(4) If the acquiring authority and the owner do not agree on the amount of compensation the question shall be referred to and determined by the Upper Tribunal.

4

(1) If before the expiration of 30 days from the receipt of notice under paragraph 3(1) above the acquiring authority do not state their willingness to treat with the owner for the payment of compensation the owner may work any of the underlying mines for which the acquiring authority has not agreed to pay compensation by proper methods and in the usual manner of working such mines in the district in question.

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