Compulsory Purchase (Vesting Declarations) Act 1981
| Jurisdiction | UK Non-devolved |
| Citation | 1981 c. 66 |
(1) This Act has effect for the purpose of enabling any authority to whom this section applies to vest in themselves by a declaration land which they are authorised by a compulsory purchase order to acquire, and with respect to connected matters.(2) This section applies to any Minister of local or other public authority authorised to acquire land by means of a compulsory purchase order.(1) In this Act—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1) The acquiring authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form vesting the land in themselves from the end of such period as may be specified in the declaration (not being less than F113 months from the date on which the service of notices required by section 6 below is completed) .(1A) But an acquiring authority may not execute a declaration in respect of land if they have served a notice to treat in respect of that land and have not withdrawn it.(1B) In subsection (1A) the reference to an authority having “served” a notice does not include cases in which the authority is deemed to have served a notice.(2) For the purposes of this Act a certificate by the acquiring authority that the service of notices required by section 6 below was completed on a date specified in the certificate shall be conclusive evidence of the fact so stated.the first day after the end of the period specified in the declaration in accordance with subsection (1) above, orif a counter-notice is served under paragraph 2 of Schedule A1 within that period in relation to land, the day determined as the vesting date for the land in accordance with that Schedule.(4) For the purposes of this Act, the “vesting date” for any land that is deemed to have been specified in a general vesting declaration by Schedule A1 is the day determined as the vesting date for the land in accordance with that Schedule.
- “acquiring authority” means a Minister or other authority to whom section 1 above applies,
- “general vesting declaration” means a declaration executed under section 4 below,
- “land”, in relation to compulsory acquisition by an acquiring authority, has the same meaning as in the relevant enactments,
- “long tenancy which is about to expire” has the meaning given by subsection (2) below,
- “minor tenancy” means a tenancy for a year or from year to year, or any lesser interest,
- “prescribed” means prescribed by regulations made by the Secretary of State which shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament,
- “relevant enactments”, in relation to an acquiring authority, means the enactments under which that authority may acquire or be authorised to acquire land compulsorily and which prescribe a procedure for effecting the compulsory acquisition by them by means of a compulsory purchase order,
- “tenancy” has the same meaning as in the Landlord and Tenant Act 1954,
- “vesting date”, in relation to a general vesting declaration, has the meaning given by section 4(3) below.
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