Housing and Planning Bill (HL Bill 87)

possession on that date (unless the acquiring authority has in fact taken
possession before that date).

(3) The date specified in the counter-notice—

(a) must not be before the end of the period specified in the notice
5of entry under section 11(1), and

(b) must be at least 28 days after the day on which the counter-
notice is served.

(4) Where a notice of entry under section 11(1) is served on more than one
person who is in possession of the land, a reference in this section to the
10person in possession is to all of them acting together.”

167 Agreement to extend notice period for possession following notice to treat

In section 11 of the Compulsory Purchase Act 1965 (powers of entry), after
subsection (1C) (inserted by section 166 of this Act), insert—

“(1D) An acquiring authority may extend the period specified in a notice of
15entry under subsection (1) by agreement with each person on whom it
was served.

(1E) A reference in this Act to the period specified in a notice of entry under
subsection (1) is to the period as extended by any agreement under
subsection (1D).”

168 20Corresponding amendments to the New Towns Act 1981

(1) Schedule 6 to the New Towns Act 1981 (modification of compulsory purchase
legislation as applied for the purposes of the Act) is amended as follows.

(2) In paragraph 4—

(a) omit “(not being less than 14 days)”;

(b) 25after sub-paragraph (2) insert—

“(2A) The period specified in a notice under sub-paragraph (1)
must not end earlier than the end of the period of 3 months
beginning with the day on which the notice is served
unless—

(a) 30it is a notice to which paragraph 4A(3) applies, or

(b) it is a notice to which paragraph 12 of Schedule 2A to
the Compulsory Purchase Act 1965 (as modified by
paragraph 1(2)(g) above) applies.

(2B) A notice under sub-paragraph (1) must explain the effect of
35paragraph 4B (counter-notice requiring possession to be
taken on specified date) and give an address at which the
acquiring authority may be served with a counter-notice.

(2C) An acquiring authority may extend the period specified in a
notice under sub-paragraph (1) by agreement with each
40person on whom it was served.

(2D) A reference in this Schedule to the period specified in a notice
under sub-paragraph (1) is to the period as extended by any
agreement under sub-paragraph (2C).”

(3) After paragraph 4 insert—

“4A (1) A notice under paragraph 4(1) ceases to have effect if, before entering
on and taking possession of the land, the acquiring authority become
aware of an owner to whom they have not given a notice to treat
5under section 5 of the Compulsory Purchase Act 1965.

(2) If the acquiring authority serve a notice to treat on that owner, the
acquiring authority may serve a new notice under paragraph 4(1).

(3) If the owner is not an occupier of the land, the period specified in the
new notice under paragraph 4(1) must be a period that ends—

(a) 10no earlier than the end of the period of 14 days beginning
with the day on which the new notice is served, and

(b) no earlier than the end of the period specified in any previous
notice given by the acquiring authority in respect of the land
under paragraph 4(1).

(4) 15This paragraph applies instead of section 11A of the Compulsory
Purchase Act 1965.

4B (1) Where the acquiring authority serves a notice under paragraph 4(1)
on a person who is in possession of land, the person may serve a
counter-notice requiring the acquiring authority to take possession
20of the land by no later than a date specified in the counter-notice.

(2) If the person gives up possession of the land on or before the
specified date, the acquiring authority is to be treated as having
taken possession on that date (unless the acquiring authority has in
fact taken possession before that date).

(3) 25The date specified in the counter-notice—

(a) must not be before the end of the period specified in the
notice under paragraph 4(1), and

(b) must be at least 28 days after the day on which the counter-
notice is served.

(4) 30Where a notice under paragraph 4(1) is served on more than one
person who is in possession of the land, a reference in this section to
the person in possession is to all of them acting together.

(5) This paragraph applies instead of section 11B of the Compulsory
Purchase Act 1965.”

169 35Abolition of alternative possession procedure following notice to treat

Schedule 16 abolishes the alternative procedure for taking possession of land
under section 11(2) of, and Schedule 3 to, the Compulsory Purchase Act 1965.

170 Extended notice period for taking possession following vesting declaration

In section 9 of the Compulsory Purchase (Vesting Declarations) Act 1981
40(minor tenancies and tenancies about to expire), in subsection (2), for “14 days”
substitute “3 months”.

Compensation

171 Making a claim for compensation

(1) After section 4 of the Land Compensation Act 1961 (costs) insert—

“4A Making a claim for compensation

(1) 5The Secretary of State may by regulations impose further requirements
about the notice mentioned in section 4(1)(b).

(2) Regulations under subsection (1) may make provision about—

(a) the form and content of the notice, and

(b) the time at which the notice must be given.

(3) 10Regulations under subsection (1) may permit or require a person
specified in the regulations to design the form of the notice.

(4) Regulations under subsection (1) may require an acquiring authority to
supply, at specified stages of the compulsory acquisition process,
copies of a form to be used in giving the notice.

(5) 15Regulations under subsection (1) are to be made by statutory
instrument.

(6) A statutory instrument containing regulations under subsection (1) is
subject to annulment in pursuance of a resolution of either House of
Parliament.”

(2) 20In section 5 of the Compulsory Purchase Act 1965 (notice to treat and untraced
owners), after subsection (2) insert—

“(2ZA) For provision about notice of claims for compensation, see sections 4
and 4A of the Land Compensation Act 1961.”

172 Making a request for advance payment of compensation

(1) 25The Land Compensation Act 1973 is amended as follows.

(2) In section 52 (right to advance payment of compensation), for subsection (2)
substitute—

“(2) A request for advance payment must be made in writing by the person
entitled to it (“the claimant”) and must include—

(a) 30details of the claimant’s interest in the land, and

(b) information to enable the acquiring authority to estimate the
amount of the compensation in respect of which the advance
payment is to be made.

(2A) Within 28 days of receiving a request, the acquiring authority must—

(a) 35determine whether they have enough information to estimate
the amount of compensation, and

(b) if they need more information, require the claimant to provide
it.”

(3) After section 52ZC (land subject to mortgage: supplementary) insert—

“52ZD Making a request for advance payment

(1) The Secretary of State may by regulations impose requirements about
the form and content of a request under section 52(2), 52ZA(3) or
552ZB(3).

(2) Regulations under subsection (1) may permit or require a person
specified in the regulations to design a form to be used in making a
request.

(3) Regulations under subsection (1) may require an acquiring authority to
10supply, at specified stages of the compulsory acquisition process,
copies of a form to be used in making a request.

(4) Regulations under subsection (1) are to be made by statutory
instrument.

(5) A statutory instrument containing regulations under subsection (1) is
15subject to annulment in pursuance of a resolution of either House of
Parliament.”

173 Power to make and timing of advance payment

(1) The Land Compensation Act 1973 is amended as follows.

(2) In section 52 (right to advance payment of compensation)—

(a) 20for subsections (1) to (1B) substitute—

“(1) An acquiring authority may make an advance payment on
account of compensation payable by them for the compulsory
acquisition of an interest in land if a request has been made
under subsection (2) after the compulsory acquisition has been
25authorised.

(1A) An acquiring authority must make an advance payment under
subsection (1) if the authority have—

(a) given notice to treat in respect of the land to which the
request relates (unless the authority have withdrawn
30the notice), or

(b) executed a general vesting declaration under section 4 of
the Compulsory Purchase (Vesting Declarations) Act
1981 in respect of that land.”;

(b) for subsection (4) substitute—

“(4) 35Where subsection (1A) applies, the acquiring authority must
within the period described in subsection (4ZA)—

(a) estimate the amount of the compensation (if not agreed),
and

(b) make the advance payment.

(4ZA) 40The period mentioned in subsection (4) is the period of two
months beginning with the latest of the following—

(a) the day on which the authority receive the request,

(b) the day on which the authority receive the information
required under subsection (2A)(b),

(c) the day on which the authority give notice to treat to the
claimant, or

(d) where no actual notice to treat is given, the day on which
the authority execute a general vesting declaration
5under section 4 of the Compulsory Purchase (Vesting
Declarations) Act 1981.”;

(c) omit subsection (11).

(3) In section 52ZA (advance payments: land subject to mortgage for up to 90% of
value), for subsection (1) substitute—

“(1) 10This section applies if—

(a) a request is made for an advance payment under section 52(1)
in respect of land,

(b) the authority is required by section 52(1A) to make the advance
payment, and

(c) 15the land is subject to a mortgage the principal of which does not
exceed 90% of the relevant amount.”

(4) In section 52ZB (advance payments: land subject to mortgage for more than
90% of value)—

(a) for subsection (1) substitute—

“(1) 20This section applies if—

(a) a request is made for an advance payment under section
52(1) in respect of land,

(b) the authority would be required by section 52(1A) to
make the advance payment if it were not for this section,
25and

(c) the land is subject to a mortgage the principal of which
exceeds 90% of the relevant amount.”;

(b) in subsection (9)(c) for “section 52ZA(1)(b)” substitute “section
52ZA(1)(c)”.

(5) 30In section 52ZC (land subject to mortgage: supplementary provisions)—

(a) after subsection (3) insert—

“(3A) The acquiring authority must make any payment under section
52ZA or 52ZB within the period of two months beginning with
the latest of the following—

(a) 35the day on which the authority receive the request under
section 52ZA(3) or 52ZB(3),

(b) if, within two months beginning with the day the
authority receive that request the authority require the
claimant to provide further information under
40subsection (2), the day on which the authority receive
that information, or

(c) the day on which the amount of compensation is agreed
or estimated as mentioned in section 52(3).”;

(b) in subsection (4) omit “(4) and”.

174 45Interest on advance payments of compensation

(1) The Land Compensation Act 1973 is amended as follows.