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13B Written representations procedure: supplementary | |
(1) This section applies where the confirming authority decides under | |
section 13A to follow the written representations procedure. | |
(2) The confirming authority may make orders as to the costs of the parties | |
to the written representations procedure, and as to which party must | 5 |
pay the costs. | |
(3) An order under subsection (2) may be made a rule of the High Court on | |
the application of any party named in the order. | |
(4) The costs incurred by the confirming authority in connection with the | |
written representations procedure must be paid by the acquiring | 10 |
authority, if the confirming authority so directs. | |
(5) The confirming authority may certify the amount of its costs, and any | |
amount so certified and directed to be paid by the acquiring authority | |
is recoverable summarily by the confirming authority as a civil debt. | |
(6) Section 42(2) of the Housing and Planning Act 1986 (recovery of | 15 |
Minister’s costs in connection with inquiries) applies to the written | |
representations procedure as if the procedure is an inquiry specified in | |
section 42(1) of that Act. | |
(7) Regulations under section 13A(6) may make provision as to the giving | |
of reasons for decisions taken in cases where the written | 20 |
representations procedure is followed. | |
13C Confirmation in stages | |
(1) The confirming authority may confirm an order (with or without | |
modifications) so far as it relates to part of the land comprised in the | |
order (the “relevant part”) if each of the conditions in subsection (2) is | 25 |
met. | |
(2) The conditions are— | |
(a) the confirming authority is satisfied that the order ought to be | |
confirmed so far as it relates to the relevant part but has not for | |
the time being determined whether the order ought to be | 30 |
confirmed so far as it relates to the remaining part; | |
(b) the confirming authority is satisfied that the notice | |
requirements have been complied with. | |
(3) If there is a remaining objection in respect of the order, the confirming | |
authority may only act under subsection (1) after complying with | 35 |
section 13A(2) or (3) (as the case may be). | |
(4) But it may act under subsection (1) without complying with those | |
provisions if it is satisfied that all remaining objections relate solely to | |
the remaining part of the land. | |
(5) If the confirming authority acts under subsection (1)— | 40 |
(a) it must give a direction postponing consideration of the order, | |
so far as it relates to the remaining part, until such time as may | |
be specified by or under the direction, | |
(b) the order so far as it relates to each part of the land must be | |
treated as a separate order. | 45 |
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(6) The notices to be published, affixed and served under section 15 must | |
include a statement as to the effect of the direction given under | |
subsection (5)(a). | |
(7) Notice requirements must be construed in accordance with section 13. | |
(8) Remaining objection must be construed in accordance with section | 5 |
13A.” | |
(7) For section 15 there is substituted— | |
“15 Notices after confirmation of order | |
(1) After the order has been confirmed, the acquiring authority must— | |
(a) serve a confirmation notice and a copy of the order as confirmed | 10 |
on each person on whom a notice was required to be served | |
under section 12, and | |
(b) affix a confirmation notice to a conspicuous object or objects on | |
or near the land comprised in the order. | |
(2) The notice under subsection (1)(b) must— | 15 |
(a) be addressed to persons occupying or having an interest in the | |
land; | |
(b) so far as practicable, be kept in place by the acquiring authority | |
until the expiry of a period of six weeks beginning with the date | |
when the order becomes operative. | 20 |
(3) The acquiring authority must also publish a confirmation notice in one | |
or more local newspapers circulating in the locality in which the land | |
comprised in the order is situated. | |
(4) A confirmation notice is a notice— | |
(a) describing the land; | 25 |
(b) stating that the order has been confirmed; | |
(c) (except in the case of a notice under subsection (1)(a)) naming a | |
place where a copy of the order as confirmed and of the map | |
referred to there may be inspected at all reasonable hours; | |
(d) that a person aggrieved by the order may apply to the High | 30 |
Court as mentioned in section 23. | |
(5) A confirmation notice must be in the prescribed form.” | |
(8) The amendments made by this section do not apply to orders of which notice | |
under section 11 of the 1981 Act has been published before commencement of | |
this section. | 35 |
96 Procedure for authorisation by a Minister | |
(1) Schedule 1 to the Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is | |
amended as follows. | |
(2) In paragraph 2 (notices in newspapers), after sub-paragraph (2) there is | |
added— | 40 |
“(3) In addition, the Minister shall affix a notice in the prescribed form to | |
a conspicuous object or objects on or near the land comprised in the | |
draft order. | |
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(4) The notice under sub-paragraph (3) must— | |
(a) be addressed to persons occupying or having an interest in | |
the land, and | |
(b) set out each of the matters mentioned in sub-paragraph (2) | |
(but reading the reference there to first publication of the | 5 |
notice as a reference to the day when the notice under sub- | |
paragraph (3) is first affixed).” | |
(3) In paragraph 3 (notices to owners, lessees and occupiers)— | |
(a) in sub-paragraph (1), for the words from “owner” to “order” (where it | |
first appears) there is substituted “qualifying person”, | 10 |
(b) for sub-paragraph (2) there is substituted— | |
“(2) A person is a qualifying person, in relation to land comprised | |
in a draft order, if— | |
(a) he is an owner, lessee, tenant (whatever the tenancy | |
period) or occupier of any such land, or | 15 |
(b) he falls within sub-paragraph (2A). | |
(2A) A person falls within this sub-paragraph if he is— | |
(a) a person 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 | 20 |
(b) a person the Minister thinks is likely to be entitled to | |
make a relevant claim if the order is made and the | |
compulsory purchase takes place, so far as he is | |
known to the Minister after making diligent inquiry. | |
(2B) A relevant claim is a claim for compensation under section 10 | 25 |
of the Compulsory Purchase Act 1965 (compensation for | |
injurious affection).” | |
(4) For paragraph 4 there are substituted the following paragraphs— | |
“4 (1) The appropriate authority may make a compulsory purchase order | |
with or without modifications if it is satisfied— | 30 |
(a) that the notice requirements have been complied with, and | |
(b) that one of the conditions in sub-paragraph (2) is satisfied. | |
(2) The conditions are— | |
(a) no relevant objection is made, | |
(b) every relevant objection made is either withdrawn or | 35 |
disregarded. | |
(3) The appropriate authority may require every person who makes a | |
relevant objection to state the grounds of the objection in writing. | |
(4) If the appropriate authority is satisfied that an objection relates | |
exclusively to matters which can be dealt with by the tribunal by | 40 |
whom the compensation is to be assessed it may disregard the | |
objection. | |
(5) The notice requirements are the requirements under paragraphs 2 | |
and 3 to publish, affix and serve notices in connection with the | |
compulsory purchase order. | 45 |
(6) A relevant objection is an objection by a person who is a qualifying | |
person for the purposes of paragraph 3(2), but if such a person | |
qualifies only by virtue of paragraph 3(2A)(b) and the appropriate | |
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authority thinks that he is not likely to be entitled to make a relevant | |
claim his objection is not a relevant objection. | |
(7) Disregarded means disregarded under sub-paragraph (4) or under | |
any other power to disregard a relevant objection contained in the | |
enactment providing for the compulsory purchase. | 5 |
(8) The appropriate authority is— | |
(a) in the case of an order proposed to be made in the exercise of | |
highway land acquisition powers, the Minister and the | |
planning Minister acting jointly, | |
(b) in any other case, the Minister. | 10 |
(9) Highway land acquisition powers must be construed in accordance | |
with the Highways Act 1980. | |
(10) The planning Minister is the Secretary of State for the time being | |
having general responsibility in planning matters. | |
4A (1) This paragraph applies to the making of a compulsory purchase | 15 |
order if a relevant objection is made which is neither— | |
(a) withdrawn, nor | |
(b) disregarded, | |
(a remaining objection). | |
(2) The appropriate authority may proceed under the written | 20 |
representations procedure— | |
(a) if the order is not subject to special parliamentary procedure; | |
(b) in the case of an order to which section 16 applies, if a | |
certificate has been given under subsection (2) of that section, | |
and | 25 |
(c) if every person who has made a remaining objection consents | |
in the prescribed manner. | |
(3) If sub-paragraph (2) does not apply or if the appropriate authority | |
decides not to proceed under that sub-paragraph, it must either— | |
(a) cause a public local inquiry to be held, or | 30 |
(b) give every person who has made a remaining objection an | |
opportunity of appearing before and being heard by a person | |
appointed by the appropriate authority for the purpose. | |
(4) If a person who has made a remaining objection takes the | |
opportunity to appear before a person appointed under sub- | 35 |
paragraph (3)(b) the appropriate authority must give any other | |
person it thinks appropriate the opportunity to be heard at the same | |
time. | |
(5) The appropriate authority may make the order with or without | |
modifications if it has considered the objection and either — | 40 |
(a) it has followed the written representations procedure, or | |
(b) in a case which falls within sub-paragraph (3), if an inquiry | |
was held or a person was appointed under sub-paragraph | |
(3)(b), it has considered the report of the person who held the | |
inquiry or who was so appointed. | 45 |
(6) The written representations procedure is such procedure as is | |
prescribed for the purposes of this paragraph including provision | |
affording an opportunity to— | |
(a) every person who has made a remaining objection, and | |
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(b) any other person the appropriate authority thinks | |
appropriate, | |
to make written representations as to whether the order should be | |
made. | |
(7) Regulations under sub-paragraph (6) may make provision as to the | 5 |
giving of reasons for decisions taken in cases where the written | |
representations procedure is followed. | |
(8) Expressions used in this paragraph and in paragraph 4 must be | |
construed in accordance with paragraph 4. | |
4B (1) The appropriate authority may make an order (with or without | 10 |
modifications) so far as it relates to part of the land comprised in the | |
draft order (the “relevant part”) if each of the conditions in sub- | |
paragraph (2) is met. | |
(2) The conditions are— | |
(a) the appropriate authority is satisfied that the order ought to | 15 |
be made so far as it relates to the relevant part but has not for | |
the time being determined whether the order ought to be | |
made so far as it relates to the remaining part, | |
(b) the appropriate authority is satisfied that the notice | |
requirements have been complied with. | 20 |
(3) If there is a remaining objection in respect of the order, the | |
appropriate authority may only act under sub-paragraph (1) after | |
complying with paragraph 4A(2) or (3) (as the case may be). | |
(4) But it may act under sub-paragraph (1) without complying with | |
those provisions if it is satisfied that all remaining objections relate | 25 |
solely to the remaining part of the land. | |
(5) If the appropriate authority acts under sub-paragraph (1)— | |
(a) it must give a direction postponing consideration of the | |
order, so far as it relates to the remaining part, until such time | |
as may be specified by or under the direction, | 30 |
(b) the order so far as it relates to each part of the land must be | |
treated as a separate order. | |
(6) The notices to be published, affixed and served under paragraph 6 | |
must include a statement as to the effect of the direction given under | |
sub-paragraph (5)(a). | 35 |
(7) Expressions used in this paragraph and in paragraph 4 or 4A must | |
be construed in accordance with paragraph 4 or 4A (as the case may | |
be).” | |
(5) For paragraph 6 there is substituted— | |
“6 (1) After the order has been made, the Minister must— | 40 |
(a) serve a making notice, and a copy of the order as made, on | |
each person on whom a notice was required to be served | |
under paragraph 3, and | |
(b) affix a making notice to a conspicuous object or objects on or | |
near the land comprised in the order. | 45 |
(2) The notice under sub-paragraph (1)(b) must— | |
(a) be addressed to persons occupying or having an interest in | |
the land; | |
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(b) so far as practicable, be kept in place by the acquiring | |
authority until the expiry of a period of six weeks beginning | |
with the date when the order becomes operative. | |
(3) The Minister must also publish a making notice in one or more local | |
newspapers circulating in the locality in which the land comprised in | 5 |
the order is situated. | |
(4) A making notice is a notice— | |
(a) describing the land; | |
(b) stating that the order has been made; | |
(c) (except in the case of a notice under sub-paragraph (1)(a)) | 10 |
naming a place where a copy of the order as made and of the | |
map referred to there may be inspected at all reasonable | |
hours; | |
(d) that a person aggrieved by the order may apply to the High | |
Court as mentioned in section 23. | 15 |
(5) A making notice must be in the prescribed form.” | |
(6) The amendments made by this section do not apply to orders of which notice | |
under paragraph 2 of Schedule 1 to the 1981 Act has been published before | |
commencement of this section. | |
97 Confirmation by acquiring authority | 20 |
(1) The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows. | |
(2) After section 14 there is inserted— | |
“14A Confirmation by acquiring authority | |
(1) The power to confirm an order may be exercised by the acquiring | |
authority (instead of the confirming authority) if— | 25 |
(a) the confirming authority has notified the acquiring authority to | |
that effect, and | |
(b) the notice has not been revoked. | |
(2) But this section does not apply to an order in respect of land— | |
(a) falling within section 16(1) or paragraph 3(1) of Schedule 3, or | 30 |
(b) forming part of a common, open space or fuel or field garden | |
allotment for the purposes of section 19. | |
(3) The confirming authority may give notice under subsection (1) if it is | |
satisfied— | |
(a) that the notice requirements have been complied with, | 35 |
(b) that no objection has been made in relation to the proposed | |
confirmation or that all objections have been withdrawn, and | |
(c) that the order is capable of being confirmed without | |
modification. | |
(4) An objection is an objection made by any person (whether or not a | 40 |
person mentioned in section 12(2)), including an objection which is | |
disregarded. | |
(5) The power to confirm an order under subsection (1) does not include | |
any power— | |
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(a) to confirm the order with modifications, or | |
(b) to confirm only a part of the order. | |
(6) The acquiring authority must notify the confirming authority as soon | |
as reasonably practicable after it has determined whether or not to | |
confirm the order. | 5 |
(7) The confirming authority may revoke a notice given by it under | |
subsection (1). | |
(8) But a notice may not be revoked if the determination has already been | |
made and notified by the acquiring authority under subsection (6). | |
(9) An order confirmed by the acquiring authority under subsection (1) is | 10 |
to have the same effect as if it were confirmed by the confirming | |
authority. | |
(10) Notices under this section must be in writing. | |
(11) Notice requirements and disregarded must be construed in accordance | |
with section 13.” | 15 |
(3) The amendments made by this section do not apply to orders of which notice | |
has been published under section 11 of the 1981 Act before commencement of | |
this section. | |
Valuation date | |
98 Assessment of compensation: valuation date | 20 |
(1) The Land Compensation Act 1961 (c. 33) is amended as follows. | |
(2) After section 5 there is inserted— | |
“5A Relevant valuation date | |
(1) If the value of land is to be assessed in accordance with rule (2) in | |
section 5, the valuation must be made as at the relevant valuation date. | 25 |
(2) No adjustment is to be made to the valuation in respect of anything | |
which happens after the relevant valuation date. | |
(3) If the land is the subject of a notice to treat, the relevant valuation date | |
is the earlier of— | |
(a) the date when the acquiring authority enters on and takes | 30 |
possession of the land, and | |
(b) the date when the assessment is made. | |
(4) If the land is the subject of a general vesting declaration, the relevant | |
valuation date is the earlier of— | |
(a) the vesting date, and | 35 |
(b) the date when the assessment is made, | |
and “general vesting declaration” and “vesting date” have the | |
meanings given in section 2 of the Compulsory Purchase (Vesting | |
Declarations) Act 1981. | |
(5) If the acquiring authority enters on and takes possession of part of the | 40 |
land— | |
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