Compulsory Purchase Act 1965

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Compulsory Purchase Act 1965[a]
Act of Parliament
coat of arms
Long titleAn Act to consolidate the Lands Clauses Acts as applied by Part I of Schedule 2 to the Acquisition of Land (Authorisation Procedure) Act 1946, and by certain other enactments, and to repeal certain provisions in the Lands Clauses Acts and related enactments which have ceased to have any effect.
Citation1965 c. 56
Territorial extent England and Wales[b]
Dates
Royal assent5 August 1965
Commencement1 January 1966[c]
Other legislation
Amends
Repeals/revokesSee § Repealed enactments
Amended by
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Compulsory Purchase Act 1965 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Compulsory Purchase Act 1965 (c. 56) is an act of the Parliament of the United Kingdom, which concerns the English land law and compulsory purchase.

Contents

The act sets conditions for a compulsory purchase to be made.

Provisions

Repealed enactments

Section 39(4) of the act repealed 17 enactments, listed in parts I, II and III of schedule 8 to the act.[1]

Part I - enactments consolidated
Citation Short title Extent of repeal
9 & 10 Geo. 5. c. 59 Land Settlement (Facilities) Act 1919 Section 12(3).
16 & 17 Geo. 5. c. 52 Small Holdings and Allotments Act 1926 Section 17(1).
8 & 9 Geo. 6. c. 42 Water Act 1945 In Schedule 2, in paragraph 1, sub-paragraph (a) and (b), and in paragraph 2 the words "the Lands Clauses Acts and" and sub-paragraph (b).
9 & 10 Geo. 6. c. 49 Acquisition of Land (Authorisation Procedure) Act 1946 In section 1(3), the words "Lands Clauses Acts and other" and the words "I and" in both places. In Schedule 2, Part I except for paragraph 1(a) as applied by paragraph 7(2) of that Schedule. In Schedule 4, in the entry amending the Land Settlement Facilities Act 1919 the words "In section 12, subsection (3) shall not apply to land purchased compulsorily".
11 & 12 Geo. 6. c. 22 Water Act 1948 In the Schedule, in paragraph 1, the words from the beginning to "those Acts and", the words "I and" and the proviso, and paragraph 8(2).
5 & 6 Eliz. 2. c. 56 Housing Act 1957 In Schedule 1, paragraph 1(2). In Schedule 3, paragraph 7(1)(a) and sub-paragraphs (1) to (4), (6) and (8) of paragraph 8, and paragraph 9. In Schedule 7, paragraph 1(2).
10 & 11 Eliz. 2. c. 38 Town and Country Planning Act 1962 In section 75(7), the words from "by the Second" to "1946 and". In section 86(6) the words from "(notwithstanding" to "1946)". In Schedule 4, paragraph 6(3).
10 & 11 Eliz. 2. c. 58 Pipe-lines Act 1962 In Schedule 3, paragraphs 1 and 2.
1963 c. 38 Water Resources Act 1963 In Schedule 8, paragraph 12(1)(2)(3).
1964 c. 56 Housing Act 1964 Section 59(3).
Part II - spent provisions in the Lands Clauses Consolidation Act 1845 (8 & 9 Vict. c. 18)
Citation Short title Extent of repeal
8 & 9 Vict. c. 18 Lands Clauses Consolidation Act 1845 In section 7 the words from "married women" where they first occur to "idiots" where that word first occurs, the words "any estate in dower or to", the words "for life, or for lives and years, or", the words "married women entitled to dower or", the words "for life or for lives and years or", the words from "and as to such married women" to the word "disability" (before the words "and as to such trustees").
In section 8 the words from the beginning to "as well as" and the word "other".
In section 69 the words from "married woman" to "idiot".
In section 70 the words from first "three" to "annuities or in".
In section 71 the words "coverture, infancy, lunacy or other" and the words "husbands, guardians, committees or".
In section 72 the words "coverture, infancy, idiocy, or other" and the words "husbands, guardians, committees or".
In section 74 the words from first "a life" to "lives and".
In section 77 the words from "the Cashier" to "been paid in and".
In section 81 the words from "to merge" to "conveyed and" and the words from "but although" to the end of the section.
In section 87 the words "bank annuities or".
Section 88.
The enacting words prefacing sections 95 to 98, and those sections.
In the enacting words prefacing sections 115 to 118 the words "or chief or other rent".
In section 116 the words "chief or other rent".
In section 117 the words "chief or other rent".
Section 139.
Section 143.
Section 147.
Part III - provisions superseded by Lands Tribunal Act 1949 (12, 13 & 14 Geo. 6. c. 42) and Land Compensation Act 1961 (9 & 10 Eliz. 2. c. 33)
Citation Short title Extent of repeal
8 & 9 Vict. c. 18 Lands Clauses Consolidation Act 1845 In section 21 the word "hereinafter".
Section 22 except as applied by section 30 of the Railways Clauses Consolidation Act 1845.
Sections 23 to 57.
In section 58 the words from "or who shall" to "notice thereof" and the words from "as two" to the end of the section.
In section 59 from the beginning to "as aforesaid and".
In section 68 the words "and if the compensation claimed in such case shall exceed the sum of fifty pounds" and the words from "either" to the end of the section.
In section 76 the words "or fail to appear on the inquiry before a jury as herein provided for".
In section 106 the words from "to be appointed" to the end of the section.
In section 121 the words from "and the amount" to "differ about the same".
Section 145.
10 & 11 Vict. c. 27 Harbours, Docks and Piers Clauses Act 1847 In section 6 the words from "and except where" to "provided by", the words from "for determining" to "last mentioned Acts" and the words "and to enforcing the payment or other satisfaction thereof".
46 & 47 Vict. c. 15 Lands Clauses (Umpire) Act 1883 The whole act.
58 & 59 Vict. c. 11 Lands Clauses (Taxation of Costs) Act 1895 The whole act.
12, 13 & 14 Geo. 6. c. 27 Juries Act 1949 Section 12.
In section 18(1) proviso (a).
12, 13 & 14 Geo. 6. c. 42 Lands Tribunal Act 1949 In section 1, in subsection (3)(c) the words "on an acquisition by any such authority", and in subsection (6) the words from "instead of" to "therewith".

See also

Notes

  1. Section 40(1).
  2. Section 40(3).
  3. Section 40(2).

References

  • K Gray and SF Gray, Land Law (7th edn 2011) Ch 11
  • K Gray and S Gray, ‘Private Property and Public Propriety’, in J McLean (ed), Property and the Constitution (Hart 1999) 36-7