Acquisition of Land Act 1981

• (2) If any damage or obstruction to the undertaking is caused by improper working of the underlying mines—

• (a) the owner of the mines shall forthwith repair or remove the damage or obstruction at his own expense,

• (b) the acquiring authority may, without waiting for the owner to perform his duty, or in case of his default, repair or remove the damage or obstruction and recover their expenses from the owner in proceedings in the High Court.

Severed mines

5

• (1) If underlying mines in which any protected minerals are situated extend on both sides of the undertaking, the owner of the mines may cut and make any communication works through the protected minerals required for the ventilation, drainage and working of the mines.

• (2) The communication works shall not exceed the dimensions or sections prescribed by the compulsory purchase order, and where dimensions are not so prescribed, they shall not be more than eight feet high and eight feet wide.

• (3) The communication works shall not be cut or made on any part of the undertaking, or so as to injure it or impede its use.

• (4) In this paragraph—

• (a) “protected minerals” means mines, measures or strata the working of which is prevented under paragraph 3(3) above,

• (b) “communication works” means airways, headings, gateways or water levels.

6

• (1) If underlying mines extend on both sides of the undertaking, the acquiring authority shall from time to time pay to the owner of the mines (in addition to any compensation under paragraph 3 above) any expenses and losses incurred by him in consequence of—

• (a) the severance by the undertaking of the land lying over the mines,

• (b) the interruption of continuous working of the mines in consequence of paragraph 3(3) above, and

• (c) the mines being worked in such manner and subject to such restrictions as not to prejudice or injure the undertaking,

and for any minerals not purchased by the acquiring authority which cannot be obtained by reason of the making and maintenance of the undertaking.

• (2) Any dispute as to the amount payable under this paragraph shall be determined by arbitration.

7

• (1) Where works carried out under paragraph 5 above cause loss or damage to the owner or occupier of land lying over the mines the acquiring authority shall pay full compensation to him for the loss or damage.

• (2) This paragraph shall not apply where the person sustaining the loss or damage is the owner of the mines.

Powers of entry

8

• (1) For the purpose of ascertaining whether underlying mines have been worked so as to damage the undertaking the acquiring authority may, after giving 24 hours notice in writing—

• (a) enter on any land in which the mines are, or are thought to be, being worked, and which is in or near to the land where the undertaking is situated, and

• (b) enter the mines and any works connected with the mines.

• (2) For the said purpose the acquiring authority may make use of any apparatus or machinery belonging to the owner of the mines, and may use all necessary means for discovering the distance from the undertaking to the parts of the mines which are, or are about to be, worked.

• (3) If the owner of the mines refuses to allow a person appointed by the acquiring authority for the purpose to enter the mines or works under this paragraph he shall be liable on summary conviction to a sum not exceeding £50.

Remedial works

9

• (1) If it appears that mines have been worked contrary to the provisions of this Schedule, the acquiring authority may give notice to the owner of the mines to construct such works and adopt such means as may be necessary or proper for making safe the undertaking, and preventing injury to it.

• (2) If the owner of the mines does not comply with the notice, the acquiring authority may themselves construct the works, and may recover their expenses from the owner by proceedings in the High Court.

SCHEDULE 3

Part I

1

In this Schedule “right” means a right to which section 28(1) of this Act applies, or any right to which this Schedule is applied by any Act passed after this Act.

General modifications

2

• (1) This Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition of a right as it applies to the compulsory acquisition of land, so that, in appropriate contexts, references in this Act to land are read as referring, or as including references, to the right acquired or to be acquired, or to land over which the right is, or is to be, exercisable, according to the requirements of the particular context.

• (2) Without prejudice to the generality of sub-paragraph (1) above, Part II of this Schedule shall apply to the compulsory acquisition of a right in substitution for Part III of this Act.

Part II — Acquisition of New Rights Over Special Kinds of Land

Statutory undertakers land

3

• (1) This paragraph applies where the land over which a right is to be acquired by virtue of 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—

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

• (b) that 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 a right over 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 the right can be purchased without serious detriment to the carrying on of the undertaking, or

• (b) that any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to or available for acquisition by them,

and certifies accordingly.

Orders subject to special parliamentary procedure Local authority and statutory undertakers' land

4

• (1) This paragraph 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 sub-paragraph (3) below, a compulsory purchase order shall, in so far as it authorises the compulsory purchase of rights over land to which this paragraph applies, be subject to special parliamentary procedure in any case where an objection to the compulsory purchase of the rights has been made by the local authority, or as the case may be the statutory undertakers, and has not been withdrawn.

• (3) Sub-paragraph (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 sub-paragraph (4) below), an urban development corporation, a Mayoral development corporation...,. . . . . ., a Welsh planning board,any statutory undertakers or a Minister.

• (4) In sub-paragraph (3) above—

• “local authority” means—in relation to England, the council of a county or district, the council of a London borough, the Common Council of the City of London and the Greater London Council,in relation to Wales, the council of a county or county borough,

and this definition applies to the Isles of Scilly as if the Council of those Isles were the council of a county;

• “statutory undertakers” has the same meaning as in section 17(3) of this Act.

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

National Trust land

5

• (1) This paragraph 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 rights over land to which this paragraph applies, be subject to special parliamentary procedure in any case where an objection to the compulsory purchase of the rights has been duly made by the National Trust and has not been withdrawn.

• (3) In this paragraph “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.

6

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

• (a) that the land, when burdened with that right, will be no less advantageous to those persons in whom it is vested and other persons, if any, entitled to rights of common or other rights, and to the public, than it was before, or

• (aa) that the right is being acquired in order to secure the preservation or improve the management of the land

• (b) that there has been or will be given in exchange for the right additional land which will as respects the persons in whom there is vested the land over which the right is to be acquired, the persons, if any, entitled to rights of common or other rights over that land, and the public, be adequate to compensate them for the disadvantages which result from the acquisition of the right, and that the additional land has been or will be vested in the persons in whom there is vested the land over which the right is to be acquired, and subject to the like rights, trusts and incidents as attach to that land apart from the compulsory purchase order, or

• (c) that the land affected by the right to be acquired does not exceed 250 square yards in extent, and that the giving of other land in exchange for the right 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) In the case of a compulsory purchase order under the Highways Act 1980 sub-paragraph (1)(c) above shall have effect as if after the words “extent” there were inserted the words “or the right is required in connection with the widening or drainage of an existing highway or in connection partly with the widening and partly with the drainage of such a highway”.

• (3) Where it is proposed to give a certificate under this paragraph, the Secretary of State shall direct the acquiring authority togive 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.

• (3A) Notice under sub-paragraph (3) above shall be given in such form and manner as the Secretary of State may direct.

• (4) A compulsory purchase order may provide for vesting land given in exchange as mentioned in sub-paragraph (1) above in the persons, and subject to the rights, trusts and incidents, therein mentioned, and except where the Secretary of State has given his certificate under sub-paragraph (1)(aa) above.for discharging the land over which any right is to be acquired from all rights, trusts and incidents to which it has previously been subject so far as their continuance would be inconsistent with the exercise of that right.

• (5) In this paragraph—

• “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 purpose of public recreation, or land being a disused burial ground.

Ancient monuments

7

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

Land within more than one provision in this Schedule

8

In the case of land falling within more than one of paragraphs 4 to 7 above, a compulsory purchase order shall be subject to special parliamentary procedure if required to be subject thereto by any of those paragraphs.

Notice of giving of certificate

9

As soon as may be after the giving of a certificate under this Schedule, 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.

SCHEDULE 4

Translation of references to the Act of 1946

1

In the enactment specified in the Table below for “Acquisition of Land (Authorisation Procedure) Act 1946” or “said Act of 1946” substitute “ Acquisition of Land Act 1981 ”.

Land Settlement Facilities Act 1919 (c. 59)

2

• (1) In section 2(1) of the Land Settlement Facilities Act 1919, as amended by Schedule 4 to the Acquisition of Land (Authoritisation Procedure) Act 1946, for “paragraph (3) of the Second Schedule to the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ section 11(1) of the Compulsory Purchase Act 1965 ”.

• (2) This paragraph (like the said amendment by Schedule 4 to the said Act of 1946) shall not affect the application of the said section 2 in relation to the compulsory hiring of land or to an agreement to hire land.

Agriculture Act 1947 (c. 48)

3

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

Water Act 1948 (c. 22)

4

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

Public Works (Festival of Britain) Act 1949 (c. 26)

5

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

Civil Aviation Act 1949 (c. 67)

6

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

Coast Protection Act 1949 (c. 74)

7

• (1) In section 14(2) of the Coast Protection Act 1949 for “paragraph 15 of the First Schedule to the said Act of 1946” substitute “ section 23(3) of the Acquisition of Land Act 1981 ”.

• (2) In section 14(3) of the said Act of 1949 for “paragraph 15 of the First Schedule thereto”, in the first place where those words occur, substitute “ section 23(3) thereof ”.

National Parks and Access to the Countryside Act 1949 (c. 97)

8

In section 103 of the National Parks and Access to the Countryside Act 1949 before subsection (2) insert—

(1A) The Acquisition of Land Act 1981 shall apply to the acquisition of land under this Act, and in relation to the acquisition under this Act of any interest in land the Compulsory Purchase Act 1965 shall apply with any necessary modifications

.

Housing Repairs and Rents Act 1954 (c. 53)

9

For section 50 of the Housing Repairs and Rents Act 1954 substitute—

(50) (1) This section applies for the purposes of— (a) paragraph 3(b) of Schedule 1 to the National Parks and Access to the Coutryside Act 1949 (orders designating national parks and other orders), and (b) any local enactment regulating the service of notices in respect of the proposed exercise of any powers in relation to land. (2) For those purposes an occupier who is a statutory tenant within the meaning of the Rent Act 1977 of the Rnt (Agriculture) Act 1976 shall be deemed to be a tenant for a period less than a month.

Housing Act 1957 (c. 56)

10

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

Opencast Coal Act 1958 (c. 69)

11

• (1) The Opencast Coal Act 1958 shall be amended as follows.

• (2) Before subsection (5) of section 4 insert—

(4A) Parts II, III and IV of the Acquisition of Land Act 1981 shall apply to compulsory rights orders, subject to section 29 of that Act

.

• (3) In section 4(7) after “Lands Clauses Acts” insert “ and the Compulsory Purchase Act 1965 ”.

• (4) Before subsection (5) of section 16 insert—

(4A) In relation to the compulsory purchase of a right by virtue of this section— (a) the Acquisition of Land Act 1981 shall apply, and (b) that Act and the Compulsory Purchase Act 1965 shall have effect as if references (whatever the terms used) to the land comprised in the compulsory purchase order were construed, where the context so requires, as reference to the land on which the works or pipes are to be placed, and references to the obtaining or taking possession of the first mentioned land were construed as references to the exercise of the right.

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

• (6) In paragraph 3(2) of Schedule 9 for “First Schedule to the Acquisition of Land Act or” substitute “ Acquisition of Land Act 1981 or Schedule 1 to ”.

Water Resources Act 1963 (c. 38)

12

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

Police Act 1964 (c. 48)

13

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

Compulsory Purchase Act 1965 (c. 56)

14

• (1) The Compulsory Purchase Act 1965 shall be amended as follows.

• (2) For section 1(1) substitute—

(1) (1) This Part of this Act shall apply in relation to any compulsory purchase to which Part II of the Acquisition of Land Act 1981, or Schedule 1 to that Act, applies, and in this Part of this Act— (a) “the Acquisition of Land Act” means that Act, (b) “compulsory purchase order” has the same meaning as in that Act.

• (3) In section 11(1)—

• (a) for “paragraph 3 of Schedule 1 to the Act of 1946” substitute “ section 12(3) of the Acquisition of Land Act ”,

• (b) for “section 8(1) of the Act of 1946” substitute “ section 7(1) of the Acquisition of Land Act ”.

• (4) For section 30 substitute—

(30) Section 6 of the Acquisition of Land Act shall apply to the service of notices under this Act.

• (5) In section 31 for “paragraph 3 of Schedule 1 to the Act of 1946” substitute “ section 12(3) of the Acquisition of Land Act. ”

• (6) In section 32 for “Act of 1946” substitute “ Acquisition of Land (Authorisation of Procedure) Act 1946 ”.

• (7) In Part II, in sections . . . , . . . , 37(1), and 38(1) for “Act of 1946” substitute “Acquisition of Land Act 1981”

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

• (9) In section 39(2) for “Act of 1946” substitute “ Acquisition of Land (Authorisation Procedure) Act 1946 ”.

Agriculture Act 1967 (c. 22)

15

• (1) The Agriculture Act of 1967 shall be amended as follows.

• (2) In section 50(7) for “Part IV of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ Part IV of the Acquisition of Land Act 1981 ”.

• (3) In Schedule 5 before paragraph 7 insert—

(6A) (1) Part IV of the Acquisition of Land Act 1981 shall with the necessary modifications (and in particular with the substitution for references to that Act of references to this Act) apply in relation to an order made under this Schedule as the said Part IV applies in relation to compulsory purchase orders. (2) Section 6 of the Acquisition of Land Act 1981 shall apply in relation to notices required or authorised to be served by the appropriate Minister under this Schedule with the appropriate modifications, and in particular with the substitution of the appropriate Minister for the Minister mentioned in the said section 6(4). (3) Subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply to a public local inquiry held in pursuance of this Schedule as if the Minister there mentioned were the appropriate Minister

.

Leasehold Reform Act 1967 (c. 88)

16

• (1) Schedule 4 to the Leasehold Reform Act 1967 shall be amended as follows.

• (2) In paragraph 4 for the words from “and the provisions” to the end of that paragraph substitute “ and the Acquisition of Land Act shall apply to a compulsory purchase under this paragraph ”.

• (3) For paragraph 5(2) . . . substitute—

(2) The Acquisition of Land Act 1981 shall apply to a compuslory purchase under this paragraph

.

Countryside Act 1968 (c. 41)

17

• (1) In the Countryside Act 1968 paragraph 3 of Schedule 2 shall be amended as follows.

• (2) In sub-paragraph (2) for “paragraph 3 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ section 11 or 12 of the Acquisition of Land Act 1981 ”.

• (3) In sub-paragraph (3) for “paragraph 3 in the Act of 1946” substitute “ section 11 of the said Act of 1981 ”.

• (4) In sub-paragraph (4)(a) for “the said paragraph 3 in the Act of 1946” substitute “ section 11 or 12 of the said Act of 1981 ”.

• (5) In sub-paragraph (6) for “Paragraph 11 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ Section 19 of the Acquisition of Land Act 1981 ”.

Transport Act 1968 (c. 73)

18

• (1) Section 10 of the Transport Act 1968 shall be amended as follows.

• (2) In subsection (3)—

• (a) for “Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ Acquisition of Land Act 1981 ”.

• (b) except as it applies in Scotland, for the words from “apply as if” to the end of the subsection substitute “ apply to the compulsory purchase ”.

• (3) Substitute “ Acquisition of Land Act 1981 ”

• (a) for “said Act of 1946” in subsection (4), and

• (b) for “Acquisition of Land (Authorisation Procedure) Act 1946” in subsection (9)(a).

Courts Act 1971 (c. 23)

19

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

Civil Aviation Act 1971 (c. 75)

20

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

Town and Country Planning Act 1971 (c. 78)

21

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

Local Employment Act 1972 (c. 5)

22

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

Gas Act 1972 (c. 60)

23

In Schedule 2 to the Gas Act 1972 for paragraph 4 substitute—

(4) The Acquisition of Land Act 1981 shall apply to a compulsory purchase by the Corporation of land or rights in England and Wales, subject, in the case of a compulsory acquisition of a right by the creation of a new right, to Schedule 3 to that Act

.

Iron and Steel Act 1975 (c. 64)

24

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

Airports Authority Act 1975 (c. 78)

25

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

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

26

For subsection (5) of section 13 of the Local Government (Miscellaneous Provisions) Act 1976 substitute—

(5) In this section “compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981, and Schedule 3 to that Act shall apply to the compulsory purchase of rights by virtue of subsection (1) above.

Development of Rural Wales Act 1976 (c. 75)

27

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

National Health Service Act 1977 (c. 49)

28

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

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

29

In Schedule 5 to the Ancient Monuments and Archaeological Areas Act 1979 at the end of the repeals add—

1981 c. 65.	The Acquisition of Land Act 1981.	Section 20(1)(b).
		In Schedule 3 paragraph 7(1)(b).

Local Government, Planning and Land Act 1980 (c. 65)

30

• (1) The Local Government, Planning and Land Act 1980 shall be amended as follows.

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

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

• (4) In section 120(1) for “Acquisition of Land Acts” substitute “ Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ” and for “local authority” substitute “ regional, islands or district council ”.

• (5) In section 142 after subsection (2) insert—

(2A) The 1981 Act shall apply (subject to section 14492) below) to the compulsory acquisition of land in pursuance of subsection (1) or (2) above

.

• (6) In section 142(5) for “1946 Act” substitute “ 1981 Act, and Schedule 3 to that Act shall apply to the compulsory purchase of a right by virtue of subsection (4) above ”.

• (7) In section 143 after subsection (3) insert—

(3A) The 1981 Act shall apply (subject to section 144(2) below) to the compulsory acquisition of land under this section

.

• (8) In section 144(2) for “1946 Act” substitute “ 1981 Act ”, and for “142(3) and 143(4)” substitute “ 142 and 143 ”.

• (9) In section 171 for the definition of the “1946 Act” substitute—

“the 1981 Act” means the Acquisition of Land Act 1981

.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) In Schedule 28—

• (a) in paragraph 1 for “1946” substitute “ 1981 ”.

• (b) at the end of paragraph 1 add “ and in paragraph 2 below as it applies in England and Wales for “Part I of Schedule 1” and “paragraph 6 of Schedule 1” substitute respectively “section 2(2)” and “section 15” ”.

Highways Act 1980 (c. 66)

31

• (1) The Highways Act 1980 shall be amended as follows.

• (2) In section 238(2) for “Act of 1946” substitute “ Acquisition of Land Act 1981 ”.

• (3) In section 246(4)(a) for “paragraph 3(1)(a) of Schedule 1 to the Act of 1946” substitute “ section 11 of the Acquisition of Land Act 1981 ”.

• (4) In section 247 for subsection (2) to (4) substitute—

(2) The Acquisition of Land Act 1981 shall, subject to subsection (5) below, apply to the compulsory acquisition of land under any of the foregoing provisions of this Part of this Act

.

• (5) In section 247(5) for the words from “section 1(2)” to “Schedule 1 to that Act” substitute “ Part III of the Acquisition of Land Act 1981 ”.

• (6) After section 250(3) insert—

(3A) Schedule 3 to the Acquisition of Land Act 1981 shall apply to the compulsory purchase of a right by virtue of this section

.

• (7) In section 250(5) for paragraphs (a) and (b) substitute—

(a) Part II of Schedule 19 to this Act has effect for the adaptation of Part I of the Act of 1965 to cases of compulsory acquisition of rights

.

• (8) In section 254(1) (after paragraph (c), for the words from “notwithstanding” to “prevents” substitute “ nothing in Part III of, or Schedule 3 to, the Acquisition of Land Act 1981 shall prevent ”.

• (9) In section 254(6) for “Act of 1946” substitute “ Acquisition of Land Act 1981 ”.

• (10) In subsections (1), (2) and (4) of section 257 for “Schedule 1 to the Act of 1946” substitute “ Acquisition of Land Act 1981 ”.

• (11) In section 258(1) for “Schedule 1 to the Act of 1946” substitute “ Part II of, or Schedule 1 to, the Acquisition of Land Act 1981 ”.

• (12) In section 259(1)—

• (a) for “Part I of Schedule 1 to the Act of 1946” substitute “ Part II of the Acquisition of Land Act 1981 ”,

• (b) for “Part II of the Schedule” substitute “ Schedule 1 to that Act ”,

• (c) for “said Schedule 1” substitute “ Acquisition of Land Act 1981 ”.

• (13) In section 259(2) for the words from “paragraph 6” to “that Schedule” substitute “ section 15 of the Acquisition of Land Act 1981 or as the case may be paragraph 6 of Schedule 1 to that Act ”.

• (14) In section 322(5)(a) for “Schedule 1 to the Act of 1946” substitute “ Part II of, or Schedule 1 to, the Acquisition of Land Act 1981 ”.

Animal Health Act 1981 (c. 22)

32

At the end of section 55(2) of the Animal Health Act 1981 add “ and the Acquisition of Land Act 1981 shall apply to a compulsory purchase under this section by such a local authority ”.

New Towns Act 1981 (c. 64)

33

In section 72(2) of the New Towns Act 1981 for “section 6(3) of the Acquisition of Land (Authorisation Procedure) Act 1946” substitute “ section 9 of the Acquisition of Land Act 1981 ”.

SCHEDULE 5

References to old law to include new law

1

• (1) This paragraph is without prejudice to section 17(2)(a) of the Interpretation Act 1978 as extended to the interpretation of subordinate legislation and instruments and documents by section 23(2) and (3) of that Act.

• (2) Any document made, served or issued before the passing of this Act or at any time thereafter (whether before or after the commencement of this Act) and containing a reference to an enactment repealed by this Act shall, except in so far as a contrary intention appears, be construed as referring, or as the context requires, as including a reference, to the corresponding provision of this Act.

References to new law to include old law

2

Any reference, whether express or implied, in any enactment, instrument or document (including this Act and any enactment amended by Schedule 4 to this Act) to, or to things done or falling to be done under or for the purposes of, any provision of this Act shall, if and so far as the nature of the reference permits, be construed as including, in relation to the circumstances or purposes in relation to which the corresponding provision in the enactments repealed by this Act has or had effect, a reference to, or as the case may be to things done or falling to be done under or for the purpose of, that corresponding provision.

Periods of time

3

Where a period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if the corresponding provision of this Act had been in force when that period began to run.

Successor authorities

4

• (1) Any reference in this Act (whether express or implied) to a thing done by a Minister, or by a local authority, under a provision of this Act includes, except where the context otherwise requires, a reference to the corresponding thing done by a predecessor authority under the corresponding enactment repealed by this Act.

• (2) In this paragraph “predecessor authority” means—

• (a) where the relevant function has been transferred from one Minister to another, the Minister from whom the function was transferred,

• (b) where the relevant function has been transferred from one local authority to another, under any enactment (including in particular the London Government Act 1963, the Local Government Act 1972 and the Water Act 1973) the authority from whom the function was transferred.

Construction of enactments applying the 1946 Act

5

Section 1(1)(a) of this Act includes in particular a compulsory purchase “in relation to” which this Act applies or has effect by virtue of any enactment in which this Act substitutes a reference to this Act for a reference to the Acquisition of Land (Authorisation Procedure) Act 1946.

Local authority and statutory undertakers land excluded from compulsory purchase

6

Section 17(3) and paragraph 4(3) of Schedule 3 above—

• (a) shall not apply where the notice of the making or preparation in draft of the compulsory purchase order was first duly published before 6th April 1976,

• (b) shall have effect, in relation to the period before 13th November 1980, as if the persons there mentioned included a development corporation as defined in section 3(1) of the New Towns Act 1981 and a joint Board established (in England) under section 2 of the Community Land Act 1975.

Extinguishment of certain public rights of way

7

The repeal by this Act of section 3 of the Acquisition of Land (Authorisation Procedure) Act 1946 shall not affect any order under that section if—

• (a) it was made before 3rd August 1968, or

• (b) a notice relating to the order was published pursuant to subsection (2) of the said section 3 before that date,

and Part VI of this Act shall not apply to the order.

SCHEDULE 6

PART I

PART II — SPENT PROVISIONS

PART III — STATUTORY INSTRUMENTS

Notices in newspapers. Public notices

Minerals.

Land not originally included in order.

Local authority and statutory undertakers’ land.

Powers of the court.

Enactments authorising acquisitions for purposes including housing

Acquisition of rights over land by the creation of new rights.

Power to extinguish certain public rights of way.

Land acquired before commencement of this Act.

Orders subject to special parliamentary procedure

Local authority and statutory undertakers’ land

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

Editorial notes