|
| |
|
| | | | | | | | | Purpose for which land may |
| | | | | | | | | | | 146, 154, 157, 165, 168, 169 |
| | | | | | | | | 5 | | | | | | | | | | | | | | | | | | | | | | | | | | | 166, 174, 175, 176, 181, 182 |
| | | 10 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 15 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 20 | | | | | | | | | | | | | | | | | | | | | 1 to 8, 10 to 26, 27, 30 to |
| | | | | | 32, 34, 36 to 57, 59 to 61, |
| | | 25 | | | 63, 67, 69, 71, 72, 84 to 86, |
| | | | | | 94 to 110, 112 to 124, 126 |
| facilities for operational |
| | | | | | | | | | | | | | | | | | | | 30 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 35 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 40 | | | | | | |
|
|
| |
|
| |
|
| | | | | | | | | Purpose for which land may |
| | | | | | | | | | | | | | | | | | | | 5 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 10 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 15 | | | | | | | | | | | | | | | | facilities for operational |
| | | | | | | | |
|
|
| 20 |
Application of legislation relating to compulsory purchase |
| |
Lands Clauses Consolidation Act 1845 |
| |
1 | The Lands Clauses Consolidation Act 1845 (c. 18) shall not apply to the |
| |
acquisition of land under section 6(1) above. |
| |
Compulsory Purchase Act 1965 |
| 25 |
2 | Part 1 of the Compulsory Purchase Act 1965 (c. 56), so far as not inconsistent |
| |
with this Act, shall apply to an acquisition of land under section 6(1) as it |
| |
applies to a compulsory purchase to which Schedule 1 to the Acquisition of |
| |
Land Act 1981 (c. 67) applies and as if this Act were a compulsory purchase |
| |
| 30 |
3 (1) | In its application by virtue of paragraph 2, the Compulsory Purchase Act |
| |
1965 shall have effect with the following modifications. |
| |
(2) | Section 4 (time for exercise of powers of compulsory purchase) shall be |
| |
| |
(3) | Section 11(1) (power to enter on and take possession of land the subject of a |
| 35 |
notice to treat after giving not less than 14 days’ notice) shall have effect— |
| |
(a) | in a case where the notice to treat relates only to the acquisition of |
| |
subsoil or under-surface of land or an easement or other right over |
| |
land, with the substitution for “fourteen days” of “one month’s”, and |
| |
(b) | in any other case, with the substitution for “fourteen days” of “three |
| 40 |
| |
|
| |
|
| |
|
(4) | In section 22(2) (expiry of time limit for exercise of power of compulsory |
| |
acquisition not to affect acquisition of interests omitted from purchase), for |
| |
“section 4 of this Act” there shall be substituted “section 6(6) of the Crossrail |
| |
| |
(5) | In Schedule 3 (alternative procedures for obtaining right of entry), |
| 5 |
paragraph 3(3) (requirement as to sureties in relation to bond for |
| |
compensation) shall be omitted. |
| |
Compulsory Purchase (Vesting Declarations) Act 1981 |
| |
4 | The Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) shall |
| |
apply as if this Act were a compulsory purchase order. |
| 10 |
5 (1) | In its application by virtue of paragraph 4, the Compulsory Purchase |
| |
(Vesting Declarations) Act 1981 shall have effect with the following |
| |
| |
(2) | In section 3 (preliminary notices) for subsection (1) there shall be |
| |
| 15 |
“(1) | Before making a declaration under section 4 below with respect to |
| |
any land which is subject to a compulsory purchase order the |
| |
acquiring authority shall include the particulars specified in |
| |
subsection (3) below in a notice which is— |
| |
(a) | given to every person with a relevant interest in the land with |
| 20 |
respect to which the declaration is to be made (other than a |
| |
mortgagee who is not in possession), and |
| |
(b) | published in the London Gazette.” |
| |
(3) | In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)”. |
| |
(4) | In that section, subsections (5) and (6) shall be omitted and at the end there |
| 25 |
| |
“(7) | For the purposes of this section, a person has a relevant interest in |
| |
| |
(a) | he is for the time being entitled to dispose of the fee simple of |
| |
the land, whether in possession or reversion, or |
| 30 |
(b) | he holds, or is entitled to the rents and profits of, the land |
| |
under a lease or agreement, the unexpired term of which |
| |
| |
(5) | In section 5 (earliest date for execution of declaration)— |
| |
(a) | in subsection (1), after “publication” there shall be inserted “in the |
| 35 |
| |
(b) | subsection (2) shall be omitted. |
| |
(6) | References to the Compulsory Purchase Act 1965 (c. 56) shall be construed |
| |
as references to that Act as applied to the acquisition of land under section |
| |
| 40 |
|
| |
|
| |
|
| |
| |
Acquisition of new rights |
| |
6 (1) | The power conferred by section 6(1) shall include power to create and |
| |
acquire such easements or other rights over land to which the power relates |
| 5 |
as may be required for or in connection with the works authorised by this |
| |
Act or otherwise for or in connection with Crossrail. |
| |
(2) | Part 1 of the Compulsory Purchase Act 1965 (c. 56), as applied to the |
| |
acquisition of land under section 6(1), and the enactments relating to |
| |
compensation for the compulsory purchase of land, shall apply to a |
| 10 |
compulsory acqusition by virtue of sub-paragraph (1)— |
| |
(a) | with the modifications specified in paragraph 7, and |
| |
(b) | with such other modifications as may be necessary. |
| |
7 (1) | The modifications referred to in paragraph 6(2)(a) are as follows. |
| |
(2) | For section 7 of the Compulsory Purchase Act 1965 there shall be |
| 15 |
| |
“7 | Measure of compensation in case of purchase of new right |
| |
In assessing the compensation to be paid by the acquiring authority |
| |
under this Act, regard shall be had, not only to the extent (if any) to |
| |
which the value of the land over which the right is purchased is |
| 20 |
depreciated by the acquisition of the right, but also to the damage (if |
| |
any) to be sustained by the owner of the land by reason of its |
| |
severance from other land of his, or injuriously affecting that other |
| |
land by the exercise of the powers conferred by this or the special |
| |
| 25 |
(3) | In section 8 of that Act (provisions as to divided land) for subsection (1) there |
| |
| |
“(1) | This subsection applies where— |
| |
(a) | a notice to treat in respect of a right over land consisting of a |
| |
house, building or manufactory or of a park or garden |
| 30 |
belonging to a house (“the relevant land”) has been served on |
| |
a person under section 5 of this Act, |
| |
(b) | in consequence of the service of the notice, a question of |
| |
disputed compensation in respect of the purchase of the right |
| |
would, apart from this section, fall to be determined by the |
| 35 |
| |
(c) | before the Lands Tribunal have determined that question, the |
| |
person on whom the notice has been served satisfies them |
| |
that the relevant conditions are met. |
| |
(1A) | The relevant conditions are— |
| 40 |
(a) | that he has an interest which he is able and willing to sell in |
| |
the whole of the relevant land; |
| |
(b) | where the relevant land consists of a house, building or |
| |
manufactory, that it cannot be made subject to the right |
| |
without material detriment to it; and |
| 45 |
|
| |
|
| |
|
(c) | where the relevant land consists of a park or garden |
| |
belonging to a house, that it cannot be made subject to the |
| |
right without seriously affecting the amenity or convenience |
| |
| |
(1B) | Where subsection (1) above applies— |
| 5 |
(a) | the compulsory purchase order shall, in relation to the person |
| |
on whom the notice to treat has been served— |
| |
(i) | cease to authorise the purchase of the right to which |
| |
| |
(ii) | be deemed to authorise the purchase of that person’s |
| 10 |
interest in the whole of the relevant land including, |
| |
where the land consists of a park or garden belonging |
| |
to a house, the house, and |
| |
(b) | the notice to treat shall be deemed to have been served in |
| |
respect of that interest on such date as the Lands Tribunal |
| 15 |
| |
(1C) | Any question as to the extent of the land in which the compulsory |
| |
purchase order is deemed to authorise the purchase of an interest by |
| |
virtue of subsection (1B)(a)(ii) of this section shall be determined by |
| |
| 20 |
(1D) | Where the Lands Tribunal determine that the person on whom a |
| |
notice to treat has been served has satisfied them as mentioned in |
| |
subsection (1)(c) of this section, the acquiring authority may |
| |
withdraw the notice at any time within the period of six weeks |
| |
beginning with the date of the determination. |
| 25 |
(1E) | Subsection (1D) of this section is without prejudice to any other |
| |
power of the acquiring authority to withdraw the notice to treat.” |
| |
(4) | The following provisions of that Act (which state the effect of a deed poll |
| |
executed in various circumstances where there is no conveyance by persons |
| |
with interests in the land), namely— |
| 30 |
section 9(4) (failure of owners to convey), |
| |
pargraph 10(3) of Schedule 1 (owners under incapacity), |
| |
paragraph 2(3) of Schedule 2 (absent and untraced owners), and |
| |
paragraphs 2(3) and 7(2) of Schedule 4 (common land), |
| |
| shall be so modified as to secure that, as against persons with interests in the |
| 35 |
land which are expressed to be overridden by the deed, the right which is to |
| |
be purchased compulsorily is vested absolutely in the acquiring authority. |
| |
(5) | Section 11 of that Act (powers of entry) shall be so modified as to secure that, |
| |
as from the date on which the acquiring authority have served notice to treat |
| |
in respect of any right, they have power, exercisable in the like |
| 40 |
circumstances and subject to the like conditions, to enter for the purpose of |
| |
exercising that right (which shall be deemed for this purpose to have been |
| |
created on the date of service of the notice); and sections 12 (penalty for |
| |
unauthorised entry) and 13 (entry on sheriff’s warrant in the event of |
| |
obstruction) of that Act shall be modified correspondingly. |
| 45 |
(6) | Section 20 of that Act (compensation for short term tenants) shall apply with |
| |
the modifications necessary to secure that persons with such interests in |
| |
land as are mentioned in that section are compensated in a manner |
| |
corresponding to that in which they would be compensated on a |
| |
|
| |
|
| |
|
compulsory acquisition of the land, but taking into account only the extent |
| |
(if any) of such interference with such interests as is actually caused, or likely |
| |
to be caused, by the exercise of the right in question. |
| |
(7) | Section 22 of that Act (protection of acquiring authority’s possession of land |
| |
where interest accidentally omitted from purchase) shall be so modified as |
| 5 |
to enable the acquiring authority, in circumstances corresponding to those |
| |
referred to in that section, to continue to be entitled to exercise the right |
| |
acquired, subject to compliance with that section as respects compensation. |
| |
(8) | References in that Act to land are, in appropriate contexts, to be read |
| |
(according to the requirements of the particular context) as referring to, or as |
| 10 |
| |
(a) | the right acquired or to be acquired, or |
| |
(b) | the land over which the right is, or is to be, exercisable. |
| |
(9) | In the Land Compensation Act 1973 (c. 26), for section 44 there shall be |
| |
| 15 |
“44 | Compensation for injurious affection |
| |
(1) | Where a right over land is purchased from any person for the |
| |
purpose of works which are to be situated partly on that land and |
| |
partly elsewhere, compensation for injurious affection of land |
| |
retained by that person shall be assessed by reference to the whole of |
| 20 |
the works and not only the part situated on the land over which the |
| |
| |
(2) | In this section, “compensation for injurious affection” means |
| |
compensation for injurious affection under section 7 or 20 of the |
| |
Compulsory Purchase Act 1965 as applied by paragraph 6(2) of |
| 25 |
Schedule 6 to the Crossrail Act 2008.” |
| |
(10) | For section 58 of that Act there shall be substituted— |
| |
“58 | Determination of material detriment where right over part of house |
| |
etc. proposed for compulsory acquisition |
| |
(1) | Subsection (2) applies where the Lands Tribunal is determining |
| 30 |
under section 8(1)(c) of the Compulsory Purchase Act 1965, as |
| |
applied by paragraph 6(2) of Schedule 6 to the Crossrail Act 2008, |
| |
| |
(a) | a right over part of a house, building or manufactory can be |
| |
taken without material detriment to the house, building or |
| 35 |
| |
(b) | a right over part of a park or garden belonging to a house can |
| |
be taken without seriously affecting the amenity or |
| |
convenience of the house. |
| |
(2) | The Tribunal shall take into account, not only the effect of the right |
| 40 |
on the whole of the house, building or manufactory or of the house |
| |
and the park or garden, but also the use to be made of the rights |
| |
proposed to be acquired and, in a case where the right is proposed to |
| |
be acquired for works or other purposes extending to other land, the |
| |
effect of the whole of the works and the use to be made of the other |
| 45 |
| |
|
| |
|