Housing and Planning Bill (HL Bill 110)

(c) any EU instrument from time to time replacing all or part of those
Directives.

155 Enhanced authorisation procedures etc. for certain surveys

(1) A written authorisation from the appropriate Minister is required before a
5person enters and surveys or values land in exercise of the power conferred by
section 152 if—

(a) the land is held by a statutory undertaker,

(b) within the notice period mentioned in section 154(1), the statutory
undertaker objects to the proposed entry and survey or valuation in
10writing to the acquiring authority, and

(c) the objection is that the proposed entry and survey or valuation would
be seriously detrimental to the statutory undertaker carrying on its
undertaking.

(2) In subsection (1)—

• 15“the appropriate Minister” means—

  (a)

  in the case of land in Wales held by a water or sewerage
  undertaker, the Welsh Ministers, and

  (b)

  in any other case, the Secretary of State;

• “statutory undertaker” means—

  (a)

  20any person who is, or who is deemed to be, a statutory
  undertaker for the purposes of section 16 or 17 of the
  Acquisition of Land Act 1981 or of any provision of Part 11 of
  the Town and Country Planning Act 1990, and

  (b)

  any person in relation to whom the electronic communications
  25code is applied by a direction under section 106(3)(a) of the
  Communications Act 2003.

(3) Where the survey or valuation is to take place in a street, the following sections
of the New Roads and Street Works Act 1991 apply to the survey or valuation
as if it were street works—

(a) 30section 55 (notice of starting date of works),

(b) section 69 (requirements to be complied with where works likely to
affect another person’s apparatus in the street), and

(c) section 82 (liability for damage or loss caused).

(4) In the application of those sections references to an “undertaker” are to be read
35as references to the acquiring authority which authorised the survey or
valuation.

(5) See section 169(4) of the Water Industry Act 1991 and section 171(4) of the
Water Resources Act 1991 for additional procedures in relation to the exercise
of the power in section 152 on behalf of a water undertaker, the Environment
40Agency or the Natural Resources Body for Wales.

156 Right to compensation after entry on or survey of land

(1) A person interested in land is entitled to compensation from the acquiring
authority for damage as a result of the exercise of the power conferred by
section 152.

(2) Any disputes relating to compensation under this section are to be determined
by the Upper Tribunal.

(3) The provisions of section 4 of the Land Compensation Act 1961 apply to the
determination of such disputes, with any necessary modifications.

157 5Offences in connection with powers to enter land

(1) A person who without reasonable excuse obstructs another person in the
exercise of the power conferred by section 152 commits an offence.

(2) A person who commits an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

(3) 10A person commits an offence if the person discloses confidential information,
obtained in the exercise of the power conferred by section 152, for purposes
other than those for which the power was exercised.

(4) A person who commits an offence under subsection (3) is liable—

(a) on summary conviction to a fine,

(b) 15on conviction on indictment to imprisonment for a term not exceeding
2 years or to a fine, or both.

(5) In subsection (3) “confidential information” means information—

(a) which constitutes a trade secret, or

(b) the disclosure of which would or would be likely to prejudice the
20commercial interests of any person.

158 Right to enter and survey or value Crown land

(1) Sections 152 to 157 apply in relation to Crown land.

(2) But a person may only exercise the power conferred by section 152 in relation
to Crown land if the person has the permission of the appropriate authority.

(3) 25In this section, “Crown land” and “the appropriate authority” have the
meaning given in section 293 of the Town and Country Planning Act 1990.

159 Amendments to do with sections 152 to 158

Schedule 14 amends legislation conferring rights of entry relating to the
acquisition of an interest in or a right over land in England and Wales.

30Confirmation and time limits

160 Timetable for confirmation of compulsory purchase order

After section 14A of the Acquisition of Land Act 1981 (confirmation by
acquiring authorities) insert—

“14B Timetables for confirmation of CPOs except by Welsh Ministers

(1) 35The Secretary of State must publish one or more timetables in relation
to steps to be taken by confirming authorities, other than the Welsh
Ministers, in confirming a compulsory purchase order.

(2) Different timetables may be published in relation to—

(a) different confirming authorities, or

(b) different types of compulsory purchase order.

(3) The Secretary of State may at any time revise a timetable published
under this section.

(4) 5The validity of an order is not affected by any failure to comply with a
timetable published under this section.

(5) The Secretary of State must lay before Parliament an annual report
showing the extent to which confirming authorities have complied
with any applicable timetable published under this section.

(6) 10A report laid by the Secretary of State under this section need not
include information about a confirming authority if the number of
compulsory purchase orders submitted to it is lower than a minimum
specified by the Secretary of State in the report.

14C Timetables for confirmation of CPOs by Welsh Ministers

(1) 15The Welsh Ministers may publish one or more timetables in relation to
steps to be taken by them in confirming a compulsory purchase order.

(2) Different timetables may be published in relation to different types of
compulsory purchase order.

(3) The Welsh Ministers may at any time revise a timetable published
20under this section.

(4) The validity of an order is not affected by any failure to comply with a
timetable published under this section.

(5) The Welsh Ministers must lay before the National Assembly for Wales
an annual report showing the extent to which they have complied with
25any applicable timetable published under this section.””

161 Confirmation by inspector

(1) The Acquisition of Land Act 1981 is amended as follows.

(2) After section 14C (inserted by section 160 of this Act), insert—

“14D Power to appoint inspector

(1) 30A confirming authority may appoint a person (“an inspector”) to act
instead of it in relation to the confirmation of a compulsory purchase
order to which section 13A applies.

(2) An inspector may be appointed to act in relation to—

(a) a specific compulsory purchase order, or

(b) 35a description of compulsory purchase orders.

(3) An inspector—

(a) has the same functions as a confirming authority under this Part
(excluding this section),

(b) retains those functions even if all remaining objections are
40withdrawn after the inspector has begun to act in relation to a
compulsory purchase order, and

(c) may hold a public local inquiry under section 13A(3)(a) or act as
the person appointed to hear remaining objections under
section 13A(3)(b).

(4) Where an inspector is to act in relation to a compulsory purchase order,
5the confirming authority must inform—

(a) every person who has made a remaining objection, and

(b) the acquiring authority.

(5) Where an inspector decides whether or not to confirm the whole or part
of a compulsory purchase order, the inspector’s decision is to be treated
10as that of the confirming authority.

(6) The confirming authority may at any time—

(a) revoke its appointment of an inspector, and

(b) appoint another inspector.

(7) If the confirming authority revokes its appointment of an inspector
15while the inspector is acting in relation to a compulsory purchase order
and does not replace the inspector, the authority must give its
reasons—

(a) to the inspector whose appointment has been revoked, and

(b) to all those informed under subsection (4).

(8) 20Where in any enactment there is a provision that applies in relation to
a confirming authority acting under this Part, that provision is to be
read as applying equally in relation to an inspector so far as the context
permits.

(9) In this section “remaining objection” is to be construed in accordance
25with section 13A.””

(3) In section 2 (procedure for authorisation), for subsection (2) substitute—

“(2) A compulsory purchase order authorising a compulsory purchase by
an authority other than a Minister is to be—

(a) made by that authority,

(b) 30submitted to the confirming authority, and

(c) confirmed in accordance with Part 2 of this Act.””

(4) In section 7 (interpretation), in subsection (3), after “section 13A” insert “,
section 14B”.

162 Time limits for notice to treat or general vesting declaration

(1) 35For section 4 of the Compulsory Purchase Act 1965 substitute—

“4 Time limit for giving notice to treat

A notice to treat may not be served by the acquiring authority after the
end of the period of 3 years beginning with the day on which the
compulsory purchase order becomes operative.””

(2) 40After section 5 of the Compulsory Purchase (Vesting Declarations) Act 1981

insert—

“5A Time limit for general vesting declaration

A general vesting declaration may not be executed after the end of the
period of 3 years beginning with the day on which the compulsory
5purchase order becomes operative.””

Vesting declarations: procedure

163 Notice of general vesting declaration procedure

Schedule 15 changes the notice requirements for general vesting declarations.

164 Earliest vesting date under general vesting declaration

10In section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981
(execution of declaration vesting land at the end of a period of not less than 28
days from the date of service), in subsection (1) for “28 days” substitute “3
months”.

Possession following notice to treat etc

165 15Extended notice period for taking possession following notice to treat

(1) The Compulsory Purchase Act 1965 is amended as follows.

(2) In section 11 (powers of entry)—

(a) in subsection (1)—

(i) for “not less than fourteen days notice” substitute “a notice of
20entry”; and

(ii) after “specified in the notice” insert “, after the end of a period
specified in the notice”;

(b) after subsection (1) insert—

“(1A) A notice of entry under subsection (1) must specify the period
25after the end of which the acquiring authority may enter on and
take possession of the land to which the notice relates.

(1B) The period specified in a notice of entry under subsection (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 it is
30a notice to which section 11A(3) or paragraph 12 of Schedule 2A
applies.””

(3) After section 11 insert—

“11A Powers of entry: repeat notices

(“1) A notice of entry under section 11(1) ceases to have effect if, before
35entering on and taking possession of the land, the acquiring authority
become aware of an owner, lessee or occupier to whom they have not
given a notice to treat under section 5.

(2) If the acquiring authority serve a notice to treat on the person under
section 5, the acquiring authority may serve a new notice of entry under
section 11(1).

(3) If the person is not an occupier of the land, the period specified in the
5new notice of entry under section 11(1) must be a period that ends—

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

(b) no earlier than the end of the period specified in any previous
notice of entry given by the acquiring authority in respect of the
10land.””

166 Counter-notice requiring possession to be taken on specified date

(1) The Compulsory Purchase Act 1965 is amended as follows.

(2) In section 11 (powers of entry), after subsection (1B) (inserted by section 165 of
this Act), insert—

“(1C) 15A notice of entry under subsection (1) must explain the effect of
section 11B (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.””

(3) After section 11A (inserted by section 165 above) insert—

“11B 20Counter-notice requiring possession to be taken on specified date

(1) Where an acquiring authority serve a notice of entry under section 11(1)
on a person who is in possession of land, the person may serve a
counter-notice requiring the acquiring authority to take possession of
the land by no later than a date specified in the counter-notice.

(2) 25If the person gives up possession of the land on or before the specified
date the acquiring authority are to be treated as having taken
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) 30must not be before the end of the period specified in the notice
of 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
35person who is in possession of the land, a reference in this section to the
person 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) 40An acquiring authority may extend the period specified in a notice of
entry 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 Corresponding amendments to the New Towns Act 1981

(1) 5Schedule 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) after sub-paragraph (2) insert—

“(2A) 10The 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) it is a notice to which paragraph 4A(3) applies, or

(b) 15it 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
paragraph 4B (counter-notice requiring possession to be
20taken 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
person on whom it was served.

(2D) 25A 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
30on and taking possession of the land, the acquiring authority become
aware of an owner to whom they have not given a notice to treat
under 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) 35If 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) no 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
40notice given by the acquiring authority in respect of the land
under paragraph 4(1).

(4) This 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)
45on a person who is in possession of land, the person may serve a

counter-notice requiring the acquiring authority to take possession
of 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
5taken 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 under paragraph 4(1), and

(b) 10must be at least 28 days after the day on which the counter-
notice is served.

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

169 Abolition 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 20Extended notice period for taking possession following vesting declaration

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

Compensation

171 25Making a claim for compensation

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

“4A Making a claim for compensation

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

(2) 30Regulations 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) Regulations under subsection (1) may permit or require a person
specified in the regulations to design the form of the notice.

(4) 35Regulations 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) Regulations 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) In section 5 of the Compulsory Purchase Act 1965 (notice to treat and untraced
5owners), 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) The Land Compensation Act 1973 is amended as follows.

(2) 10In 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) details of the claimant’s interest in the land, and

(b) 15information 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) determine whether they have enough information to estimate
20the 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) 25The Secretary of State may by regulations impose requirements about
the form and content of a request under section 52(2), 52ZA(3) or
52ZB(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
30request.

(3) 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 making a request.

(4) Regulations under subsection (1) are to be made by statutory
35instrument.

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

173 Power to make and timing of advance payment

(1) 40The Land Compensation Act 1973 is amended as follows.

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

(a) for 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
5under subsection (2) after the compulsory acquisition has been
authorised.

(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
10request relates (unless the authority have withdrawn
the 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) 15for subsection (4) substitute—

“(4) Where 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) 20make the advance payment.

(4ZA) The 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
25required 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
30under 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) 35This 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) 40the 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) 45This section applies if—

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