Acquisition of Land (Authorisation Procedure) Act 1946
| Jurisdiction | UK Non-devolved |
Acquisition of Land (Authorisation Procedure) Act, 1946
(9 & 10 Geo. 6.) CHAPTER 49.
An Act to amend the law as to the authorisation of the compulsory purchase of land for purposes for which the purchasing authority has power to purchase land compulsorily under existing enactments; to make temporary provision as to the procedure for the compulsory purchase of land as aforesaid in urgent cases, to provide for notifying purchases of war-damaged land to the War Damage Commission; and for purposes connected with the matters aforesaid.
[18th April 1946]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Procedure for compulsory purchase of land by local authorities, and by the Minister of Transport for highway purposes.
(1) The authorisation of any compulsory purchase of land—
(a ) by a local authority where, apart from this Act, power to authorise the authority to purchase land compulsorily is conferred by or under any enactment contained in a public general Act and in force immediately before the commencement of this Act, other than any enactment specified in subsection (4) of this section;
(b ) by the Minister of Transport under section eleven of the Development and Road Improvement Funds Act, 1909 , or that section as applied by section three of the Roads Improvement Act, 1925 , or under section thirteen of the Restriction of Ribbon Development Act, 1935 , as applied by section four of the Trunk Roads Act, 1936 , or by section five of the Trunk Roads Act, 1946 ,
shall, subject to the provisions of this and the next following section, be conferred by an order (in this Act referred to as a ‘compulsory purchase order’) in accordance with the provisions of the First Schedule to this Act (being provisions which, subject to certain adaptations, modifications and exceptions, correspond with provisions as to the authorisation of the compulsory purchase of land of the Local Government Act, 1933 ).
(2) The purchase, in a case falling within the last foregoing subsection, of land—
(a ) which is the property of a local authority or which has been acquired by statutory undertakers for the purposes of their undertaking,
(b ) forming part of a common, open space or fuel or field garden allotment, or held inalienably by the National Trust, or
(c ) being, or being the site of, an ancient monument or other object of archaeological interest,
shall be subject to the special provisions of Part III of the said First Schedule.
(3) In relation to any compulsory purchase to which the provisions of the First Schedule to this Act apply, the Lands Clauses Acts and other enactments mentioned in Parts I and II of the Second Schedule to this Act shall be incorporated in accordance with the provisions of the said Parts I and II; and the Acquisition of Land (Assessment of Compensation) Act, 1919 , shall have effect in relation to any such compulsory purchase subject to the provisions of Part III of that Schedule.
(4) The enactments excepted from the operation of subsection (1) of this section are any enactment contained in—
(a ) the Light Railways Acts, 1896 and 1912;
(b ) Part III of the Housing Act, 1936 ;
(c ) the Town and Country Planning Act, 1944 .
(5) Nothing in this Act shall prevent the authorisation by special order or Provisional Order of the compulsory purchase of land under the Electricity (Supply) Acts, 1882 to 1936.
(6) The Public Works Facilities Act, 1930 , shall cease to have effect.
2 Temporary powers for speedy acquisition of land in urgent cases.
(1) Where during the period of five years beginning with the commencement of this Act any authority (hereinafter referred to as a ‘confirming authority’) having power to authorise the compulsory purchase of land by a local authority for any purpose is satisfied—
(a ) that it is expedient that the local authority (hereinafter referred to as the ‘acquiring authority’) should purchase any land for the said purpose, and
(b ) that it is urgently necessary in the public interest that the acquiring authority should be enabled to obtain possession of the land without delay,
then if apart from this section the acquiring authority could be authorised by the confirming authority under any enactment to purchase the land compulsorily for the said purpose in accordance with the provisions of the foregoing section or of the Town and Country Planning Act, 1944, the acquiring authority may, in lieu of being so authorised in accordance with the said provisions, be so authorised, subject to the provisions of the Third Schedule to this Act, by an authorisation in writing given by the confirming authority under this subsection.
(2) Where during the period aforesaid the Minister of Transport is satisfied that it is expedient that he should purchase any land under any enactment mentioned in paragraph (b ) of subsection (1) of the foregoing section, or the Board of Trade are satisfied that it is expedient that they should purchase any land under the Distribution of Industry Act, 1945 , and the Minister or Board are satisfied that it is urgently necessary in the public interest that the Minister or Board should be enabled to obtain possession of the land without delay, the Minister or Board may, in lieu of being authorised to purchase the land in accordance with the provisions of the foregoing section or of the said Act of 1945, be so authorised, subject to the provisions of the Third Schedule to this Act, by an authorisation in writing given by the Minister or Board under this subsection.
In the following provisions of this section and in the Third Schedule to this Act the expressions ‘acquiring authority’ and ‘confirming authority’ include the Minister of Transport or Board of Trade acting under this subsection.
(3) At any time not earlier than seven days nor later than three months after the giving of an authorisation under this section the acquiring authority may enter on, and take possession of, the land to which the authorisation relates notwithstanding that the purchase of the land has not been completed.
(4) Where the acquiring authority has taken possession of land pursuant to an authorisation under this section, the authority shall have power to purchase the land compulsorily as if authorised so to do under the enactment referred to in subsection (1) or (2) of this section, and in accordance with the provisions of the foregoing section, the Town and Country Planning Act, 1944, or the Distribution of Industry Act, 1945, as the case may be, and the provisions of Part IV of the Second Schedule to this Act; and the authority shall as soon as may be after taking possession of the land serve notice under section eighteen of the Lands Clauses Consolidation Act, 1845 , of its intention to take the land and shall in all respects be liable as if such notice had been given on the date of the authority's entering on the land, except that the power conferred by subsection (2) of section five of the Acquisition of Land (Assessment of Compensation) Act, 1919, to withdraw such a notice shall not be exercisable.
(5) A power to enter on and take possession of land conferred by an authorisation given under this section may, save as provided in the Third Schedule to this Act, be exercised without notice to or the consent of any person and without compliance with sections eighty-four to ninety of the Lands Clauses Consolidation Act, 1845, but subject to payment of the like compensation, and interest on the compensation agreed or awarded, as the acquiring authority would have been required to pay if the provisions of those sections had been complied with.
(6) Notwithstanding anything in the two last foregoing subsections, where apart from this subsection the compensation for the compulsory purchase of land in respect of which an authorisation has been given under this section would be reduced by virtue of paragraph 9 of the Fifth Schedule to the Town and Country Planning Act, 1944 (which relates to purchases under that Act of houses unfit for human habitation), the reduction shall not be made unless an order under the said paragraph 9 has come into operation before the date on which the acquiring authority took possession of the land.
(7) While the acquiring authority is in possession of land pursuant to an authorisation given under this section, the authority shall be treated, as regards the use of the land and the rights of other persons affected by the use thereof, as if the authority had completed the purchase of the land; and in particular any provision for the extinction of rights over the land on completion of the purchase thereof shall apply as if the authority had completed the purchase thereof at the time when possession thereof was taken.
(8) In this section references to the use of land include references to the erection of buildings or structures on the land and the carrying out of work thereon.
(9) If at any time before the expiration of the period during which authorisations may be given under this section an address is presented to His Majesty by each House of Parliament praying that the said period shall be extended for a further year from the time at which it would otherwise expire, His Majesty may by Order in Council direct that the said period shall be so extended.
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