Planning and Compulsory Purchase Bill

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Planning and Compulsory Purchase Bill

Planning and Compulsory Purchase Bill
Part 8 — Compulsory purchase
87

Information
103
Power to require information
(1)
The Acquisition of Land Act 1981 (c. 67) is amended as follows.
(2)
After section 5 (local inquiries) there is inserted—
“5A
Power to require information
5
(1)
This section applies to information about land in relation to which an
acquiring authority is entitled to exercise a power of compulsory
purchase.
(2)
The acquiring authority may serve a notice on a person mentioned in
subsection (4) requiring him to give to the authority in writing the
10
following information—
(a)
the name and address of any person he believes to be an owner,
lessee, tenant (whatever the tenancy period) or occupier of the
land;
(b)
the name and address of any person he believes to have an
15
interest in the land.
(3)
The power in subsection (2) is exercisable for the purpose of enabling
the acquiring authority to acquire the land.
(4)
The persons are—
(a)
the occupier of the land;
20
(b)
any person who has an interest in the land either as freeholder,
mortgagee or lessee;
(c)
any person who directly or indirectly receives rent for the land;
(d)
any person who, in pursuance of an agreement between himself
and a person interested in the land, is authorised to manage the
25
land or to arrange for the letting of it.
(5)
The notice must specify the period within which the information must
be given to the acquiring authority (being a period of not less than 14
days beginning with the day on which the notice is served).
(6)
The notice must also specify or describe—
30
(a)
the land,
(b)
the compulsory purchase power, and
(c)
the enactment which confers the power.
(7)
The notice must be in writing.
(8)
Section 6(4) does not apply to notices to be served under this section.
35
5B
Offences relating to information
(1)
A person commits an offence if he fails without reasonable excuse to
comply with a notice served on him under section 5A.
(2)
A person commits an offence if, in response to a notice served on him
under section 5A—
40
(a)
he gives information which is false in a material particular, and

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(b)
when he does so, he knows or ought reasonably to know that
the information is false.
(3)
If an offence under this section committed by a body corporate is
proved to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of—
5
(a)
a director, manager, secretary or other similar officer of the
body corporate, or
(b)
a person purporting to act in any such capacity,

he, as well as the body corporate, is guilty of that offence and liable to
be proceeded against accordingly.
10
(4)
The reference in subsection (3) to a director must be construed in
accordance with section 331(2) of the Town and Country Planning Act
1990.
(5)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.”
15
Loss payments
104
Basic loss payment
(1)
After section 33 of the Land Compensation Act 1973 (c. 26) (home loss
payments for certain caravan dwellers) there is inserted the following
section—
20
“Other loss payments
33A  Basic loss payment
(1)
This section applies to a person—
(a)
if he has a qualifying interest in land,
(b)
if the interest is acquired compulsorily, and
25
(c)
to the extent that he is not entitled to a home loss payment in
respect of any part of the interest.
(2)
A person to whom this section applies is entitled to payment of
whichever is the lower of the following amounts—
(a)
7.5% of the value of his interest;
30
(b)
£75,000.
(3)
A payment under this section must be made by the acquiring authority.
(4)
An interest in land is a qualifying interest if it is a freehold interest or
an interest as tenant and (in either case) it subsists for a period of not
less than one year ending with whichever is the earliest of—
35
(a)
the date on which the acquiring authority takes possession of
the land under section 11 of the Compulsory Purchase Act 1965
(entry to take possession of land);
(b)
the date on which the acquiring authority enters the land if it
proceeds under Schedule 3 to that Act;
40
(c)
the vesting date (within the meaning of the Compulsory
Purchase (Vesting Declarations) Act 1981) if a declaration is
made under section 4 of that Act (general vesting declaration);

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(d)
the date on which compensation is agreed between the person
and the acquiring authority;
(e)
the date on which the amount of compensation is determined
by the Lands Tribunal.
(5)
The compulsory acquisition of an interest in land includes acquisition
5
of the interest in consequence of the service of—
(a)
a purchase notice under section 137 of the Town and Country
Planning Act 1990 (right to require purchase of certain
interests);
(b)
a notice under section 150 of that Act (purchase of blighted
10
land).
(6)
The value of an interest is its value for the purpose of deciding the
amount of compensation payable in respect of the acquisition; but this
is subject to subsections (7) and (8).
(7)
If an interest consists partly of a dwelling in respect of which the person
15
is entitled to a home loss payment the value of the interest is the value
of the whole interest less the value of so much of the interest as is
represented by the dwelling.
(8)
If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent
reinstatement) applies for the purpose of assessing the amount of
20
compensation the value of the interest is nil.”
(2)
Section 33A of the Land Compensation Act 1973 (c. 26) (as inserted by
subsection (1) above) does not apply in relation to a pre-commencement
acquisition of an interest in land.
(3)
A pre-commencement acquisition of an interest in land is any of the
25
following—
(a)
acquisition by means of a compulsory purchase order if the order is
made or made in draft before the commencement of this section;
(b)
acquisition by means of an order made under section 1 or 3 of the
Transport and Works Act 1992 (c. 42) (orders relating to certain
30
transport works) if the application for the order was made to the
Secretary of State before the commencement of this section;
(c)
acquisition by means of an order under section 1 or 3 of that Act if the
order is made in pursuance of section 7 of that Act (orders made
without application) and the order is made in draft before the
35
commencement of this section;
(d)
acquisition by means of a power contained in an enactment (including
a private or local Act) to acquire compulsorily specified land or a
specified interest in land if the Bill providing for the power is
introduced into Parliament before the commencement of this section.
40
105
Occupier’s loss payment
(1)
After section 33A of the Land Compensation Act 1973 (inserted by section 104
of this Act) there are inserted the following sections—
“33B  Occupier’s loss payment: agricultural land
(1)
This section applies to a person if—
45

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(a)
he has a qualifying interest in land for the purposes of section
33A,
(b)
the land is agricultural land,
(c)
the interest is acquired compulsorily, and
(d)
he occupied the land for the period specified in section 33A(4).
5
(2)
A person to whom this section applies is entitled to a payment of
whichever is the greatest of the following amounts—
(a)
2.5% of the value of his interest;
(b)
the land amount;
(c)
the buildings amount.
10
(3)
But the maximum amount which may be paid to a person under this
section in respect of an interest in land is £25,000.
(4)
A payment under this section must be made by the acquiring authority.
(5)
The value of an interest is its value for the purpose of deciding the
amount of compensation payable in respect of the acquisition; but this
15
is subject to subsections (6) and (7).
(6)
If an interest consists partly of a dwelling in respect of which the person
is entitled to a home loss payment the value of the interest is the value
of the whole interest less the value of so much of the interest as is
represented by the dwelling.
20
(7)
If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent
reinstatement) applies for the purpose of assessing the amount of
compensation the value of the interest is nil.
(8)
The land amount is the greater of £300 and the amount found in
accordance with the following Table—
25

Area of the land
Amount per hectare

Not exceeding 100 hectares
£100 per hectare or part of

a hectare

Exceeding 100 hectares
(a)
£100 per hectare

for the first 100

30

hectares;

(b)
£50 per hectare for

the next 300

hectares or part of

a hectare.

35
(9)
The buildings amount is £25 per square metre (or part of a square
metre) of the gross floor space of any buildings on the land.
(10)
The gross floor space must be measured externally.
33C  Occupier’s loss payment: other land
(1)
This section applies to a person if—
40
(a)
he has a qualifying interest in land for the purposes of section
33A,

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(b)
the land is not agricultural land,
(c)
the interest is acquired compulsorily, and
(d)
he occupied the land for the period specified in section 33A(4).
(2)
A person to whom this section applies is entitled to a payment of
whichever is the greatest of the following amounts—
5
(a)
2.5% of the value of his interest;
(b)
the land amount;
(c)
the buildings amount.
(3)
But the maximum amount which may be paid to a person under this
section in respect of an interest in land is £25,000.
10
(4)
A payment under this section must be made by the acquiring authority.
(5)
The value of an interest is its value for the purpose of deciding the
amount of compensation payable in respect of the acquisition; but this
is subject to subsections (6) and (7).
(6)
If an interest consists partly of a dwelling in respect of which the person
15
is entitled to a home loss payment the value of the interest is the value
of the whole interest less the value of so much of the interest as is
represented by the dwelling.
(7)
If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent
reinstatement) applies for the purpose of assessing the amount of
20
compensation the value of the interest is nil.
(8)
The land amount is the greater of—
(a)
£2,500;
(b)
£2.50 per square metre (or part of a square metre) of the area of
the land.
25
(9)
But if only part of land in which a person has an interest is acquired, for
the figure specified in subsection (8)(a) there is substituted £300.
(10)
The buildings amount is £25 per square metre (or part of a square
metre) of the gross floor space of any buildings on the land.
(11)
The gross floor space must be measured externally.”
30
(2)
Sections 33B and 33C of the Land Compensation Act 1973 (c. 26) (as inserted by
subsection (1) above) do not apply in relation to a pre-commencement
acquisition of an interest in land.
(3)
A pre-commencement acquisition of an interest in land is any of the
following—
35
(a)
acquisition by means of a compulsory purchase order if the order is
made or made in draft before the commencement of this section;
(b)
acquisition by means of an order made under section 1 or 3 of the
Transport and Works Act 1992 (c. 42) (orders relating to certain
transport works) if the application for the order was made to the
40
Secretary of State before the commencement of this section;
(c)
acquisition by means of an order under section 1 or 3 of that Act if the
order is made in pursuance of section 7 of that Act (orders made
without application) and the order is made in draft before the
commencement of this section;
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(d)
acquisition by means of a power contained in an enactment (including
a private or local Act) to acquire compulsorily specified land or a
specified interest in land if the Bill providing for the power is
introduced into Parliament before the commencement of this section.
106
Loss payments: exclusions
5
(1)
After section 33C of the Land Compensation Act 1973 (inserted by section 105
of this Act) there is inserted the following section—
“33D  Loss payments: exclusions
(1)
This section applies to a person if—
(a)
he is a person to whom section 33A, 33B or 33C applies,
10
(b)
a notice falling within subsection (4) has been served on him in
relation to the land mentioned in that section,
(c)
at the relevant time the notice has effect or is operative, and
(d)
he has failed to comply with any requirement of the notice.
(2)
This section also applies to a person if—
15
(a)
he is a person to whom section 33A, 33B or 33C applies,
(b)
a copy of an order falling within subsection (5) has been served
on him in relation to the land mentioned in that section, and
(c)
the order has not been quashed on appeal.
(3)
No payment may be made under section 33A, 33B or 33C to a person to
20
whom this section applies.
(4)
These are the notices—
(a)
notice under section 215 of the Town and Country Planning Act
1990 (power to require proper maintenance of land);
(b)
notice under section 189 of the Housing Act 1985 (requirement
25
to repair dwelling etc. unfit for human habitation);
(c)
notice under section 190 of that Act (requirement to repair
dwelling etc. in state of disrepair);
(d)
notice under section 48 of the Planning (Listed Buildings and
Conservation Areas) Act 1990 (repairs notice prior to
30
compulsory notice of acquisition of listed building).
(5)
These are the orders—
(a)
an order under section 264 of the Housing Act 1985 (closure of
dwelling etc. unfit for human habitation);
(b)
an order under section 265 of that Act (demolition of dwelling
35
etc. unfit for human habitation).
(6)
The relevant time is the time at which the compulsory purchase order
in relation to the person’s interest in the land—
(a)
is confirmed, in the case of an order falling within section 2(2) of
the Acquisition of Land Act 1981 (procedure for authorisation);
40
(b)
is made, in the case of an order falling within section 2(3) of that
Act.
(7)
The Secretary of State may by regulations amend subsections (4) and
(5).”

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(2)
Section 33D of the Land Compensation Act 1973 (c. 26) (as inserted by
subsection (1) above) does not apply in relation to a notice or order specified in
subsection (4) or (5) of that section if the notice or copy of the order was served
on a person to whom that section applies before the commencement of this
section.
5
107
Loss payments: supplementary
After section 33D of the Land Compensation Act 1973 (inserted by section 106
of this Act) there are inserted the following sections—
“33E  Claims
(1)
This section applies for the purposes of sections 33A to 33C.
10
(2)
A claim for payment must be made in writing to the acquiring
authority.
(3)
The claim must give such particulars as the authority may reasonably
require for the purpose of deciding—
(a)
whether a payment is to be made;
15
(b)
the amount of any such payment.
(4)
For the purposes of the Limitation Act 1980 a person’s right of action to
recover a payment must be taken to have accrued—
(a)
in the case of a claim under section 33A on the last day of the
period specified in subsection (4) of that section;
20
(b)
in the case of a claim under section 33B or 33C on the date of his
displacement from the land.
33F  Insolvency
(1)
This section applies if a person is entitled to a payment under section
33A, 33B or 33C but before a claim is made under section 33E
25
insolvency proceedings are started in relation to the person.
(2)
Any of the following may make a claim instead of the person
mentioned in subsection (1)—
(a)
a receiver, trustee in bankruptcy or the official receiver in the
case of an individual;
30
(b)
an administrator, administrative receiver, liquidator or
provisional liquidator or the official receiver in the case of a
company or a partnership.
(3)
Insolvency proceedings are—
(a)
proceedings in bankruptcy;
35
(b)
proceedings under the Insolvency Act 1986 for the winding up
of a company or an unregistered company (including voluntary
winding up of a company under Part 4 of that Act);
(c)
proceedings for the winding up of a partnership.
33G  Death
40
(1)
This section applies if a person is entitled to a payment under section
33A, 33B or 33C but before a claim is made under section 33E the person
dies (the deceased).