SCHEDULE
AMENDMENT OF ENACTMENTS
Military Lands Acts 1892 (c.43)
1. In section 2 of the Military Lands Act 1892 (machinery for purchase of land)—
(a) in subsection (5), for “every owner or reputed owner, lessee or reputed lessee, and occupier of any land intended to be so purchased”, substitute “every person who falls within subsection (5A)”;
(b) after subsection (5), insert—
“5A A person falls within this subsection if he is—
(a) an owner, lessee, tenant (whatever the tenancy period) or occupier of any land intended to be so purchased;
(b) a person to whom the purchaser would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat; or
(c) a person who the purchaser thinks is likely to be entitled to make a claim for compensation under section 10 of that Act if the Provisional Order is confirmed and the purchase takes place, so far as he is known to the purchaser after making diligent inquiry”; and
(c) in subsection (7)(a), for “the owners, lessees and occupiers of land”, substitute “the persons falling within subsection (5A)”.
Requisitioned Land and War Works Act 1945 (c.43)
2. In section 17 of the Requisitioned Land and War Works Act 1945 (publication of proposed orders and reference to Commission)—
(a) in subsection (1), for paragraph (d), substitute—
“(d)
“(d) in the case of an order authorising the compulsory acquisition of land, to be served on every person—
(i) who is an owner, lessee, tenant (whatever the tenancy period) or occupier of any of the land proposed to be compulsorily acquired;
(ii) 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
(iii) who the Minister thinks is likely to be entitled to make a claim for compensation under section 10 of that Act if the order is confirmed and the compulsory acquisition takes place, so far as he is known to the Minister after making diligent inquiry.”; and
(b) in subsection (3)(e)—
(i) after “or “lessee””, insert “or “tenant””; and
(ii) after “or “occupier” of”, insert “, or “person interested” in,”.
Land Powers (Defence) Act 1958 (c.30)
3. In Schedule 2 to the Land Powers (Defence) Act 1958 (provisions with respect to certain orders), in Part 1 (procedure for making certain orders)—
(a) in paragraph 2(1), for the words from the beginning to “make the order; and” substitute—
“1 Before making the order the Minister shall—
(a) prepare a draft order describing, by reference to a map, the land to which the draft order applies; and
(b) serve on every person—
(i) who is an owner, lessee, tenant (whatever the tenancy period) or occupier of any of that land;
(ii) 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
(iii) who the Minister thinks is likely to be entitled to make a claim for compensation under section 10 of that Act if the order is confirmed and the compulsory purchase takes place, so far as he is known to the Minister after making diligent inquiry,
notice that he proposes to make the order.”;
(b) the words in paragraph 2(1) from “any such notice” to the end shall constitute sub-paragraph (1A) of paragraph 2; and
(c) in paragraph 3, for “any such owner, lessee or occupier as aforesaid” substitute “any such person as is mentioned in paragraph 2(1)(b)”.
Pipe-lines Act 1962 (c.58)
4.—(1) In section 1 of the Pipe-lines Act 1962 (cross-country pipe-lines not to be constructed without the Minister’s authority)—
(a)
(a) in subsection (5), for “every owner, lessee and occupier (other than tenants for a month or any period less than a month) of the land”, substitute “every person who falls within subsection (6)”; and
(b)
(b) after subsection (5), insert—
“6 A person falls within this subsection if he is—
(a) an owner, lessee, tenant (whatever the tenancy period) or occupier of the land;
(b) a person to whom the applicant would, if it were proceeding to purchase that land under section 5(1) of the Compulsory Purchase Act 1965, be required to give notice to treat, or
(c) a person who the applicant thinks would be likely to be entitled to make a claim for compensation under section 10 of that Act if that land were purchased under a compulsory purchase order, so far as he is known to the applicant after making diligent inquiry.”.
(2) In section 4 of that Act (power of Minister to secure the removal of works executed in contravention of section 1 or 2)—
(a)
(a) in subsection (3), for “every owner, lessee and occupier of the land (except tenants for a month or any period less than a month)”, substitute “every person who falls within subsection (3A)”; and
(b)
(b) after subsection (3), insert—
“3A A person falls within this subsection if he is—
(a) an owner, lessee, tenant (whatever the tenancy period) or occupier of the land;
(b) a person to whom the applicant would, if it were proceeding to purchase that land under section 5(1) of the Compulsory Purchase Act 1965, be required to give notice to treat, or
(c) a person who the applicant thinks would be likely to be entitled to make a claim for compensation under section 10 of that Act if the land were purchased under a compulsory purchase order, so far as he is known to the applicant after making diligent inquiry.”.
(3) In section 13 of that Act (power of Minister to attach conditions to compulsory rights orders)—
(a)
(a) in subsection (2)—
(i) for “the next following subsection”, substitute “subsection (3)”; and
(ii) for the words from “an owner” to “such an order”, substitute—
““a person who falls within subsection (2A), or of the person for whose benefit a compulsory rights order””;
(b)
(b) after subsection (2), insert—
“2A A person falls within this subsection if he is an owner, lessee, tenant (whatever the tenancy period) or occupier of land comprised in a compulsory rights order.”; and
(c)
(c) in subsection (6), in the definition of “persons concerned”, for “every owner, lessee and occupier (other than a tenant for a month or a period less than a month)”...
