Compulsory Purchase Act 1965

JurisdictionUK Non-devolved
Citation1965 c. 56


Compulsory Purchase Act 1965

1965 CHAPTER 56

An Act to consolidate the Lands Clauses Acts as applied by Part I of Schedule 2 to the Acquisition of Land (Authorisation Procedure) Act 1946, and by certain other enactments, and to repeal certain provisions in the Lands Clauses Acts and related enactments which have ceased to have any effect.

[5th August 1965]

Be it enacted by the Queen'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:—

I Compulsory Purchase under Acquisition of Land Act of 1946

Part I

Compulsory Purchase under Acquisition of Land Act of 1946

Preliminary

Preliminary

S-1 Application of Part I and interpretation.

1 Application of Part I and interpretation.

(1) This Part of this Act shall apply in relation to any compulsory purchase to which the provisions of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946 (in this Act referred to as ‘the Act of 1946’) apply.

(2) In construing this Part of this Act the enactment under which the purchase is authorised and the compulsory purchase order under the Act of 1946 shall be deemed to be the special Act.

(3) In this Part of this Act, unless the context otherwise requires,—

‘acquiring authority’ means the person authorised by the compulsory purchase order under the Act of 1946 to purchase the land;

‘land’ includes anything falling within any definition of that expression in the enactment under which the purchase is authorised;

‘lease’ includes an agreement for a lease;

‘notice to treat’ has the meaning given by section 5 of this Act;

‘subject to compulsory purchase’, in relation to land, means land the compulsory purchase of which is authorised by the compulsory purchase order.

(4) In this Part of this Act ‘the works’ or ‘the undertaking’ means the works or undertaking, of whatever nature, authorised to be executed by the special Act:

Provided that where this Part of this Act applies by virtue of Part V of the Town and Country Planning Act 1962 references in this Part of this Act to the execution of the works shall be construed in accordance with section 86(6) of that Act.

(5) A justice of the peace may act under this Act in relation to land which is partly in one area, and partly in another, if he may act as respects land in either area, but no justice of the peace shall act under this Act if he is interested in the matter.

(6) Where under this Act any notice is to be given to the owner of any land or where any act is authorised or required to be done with the consent of any such owner, the word ‘owner’ shall, unless the context otherwise requires, mean any person having power to sell and convey the land to the acquiring authority.

S-2 Persons without power to sell their interests.

2 Persons without power to sell their interests.

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

S-3 Acquisition by agreement in pursuance of compulsory purchase order.

3 Acquisition by agreement in pursuance of compulsory purchase order.

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

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