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You are here: BAILII >> Databases >> The Law Commission >> TOWARDS A COMPULSORY PURCHASE CODE: (1) COMPENSATION (A Consultative Report) [2002] EWLC 165(APPENDIX 2) (24 June 2002) URL: http://www.bailii.org/ew/other/EWLC/2002/165(APPENDIX_2).html Cite as: [2002] EWLC 165(APPENDIX 2) |
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appendix 2
list of Statutes conferring compulsory purchase powers
Reproduced with kind permission from Butterworths. Source: Butterworths Compulsory Purchase and Compensation Service, Division B, Chapter 1.F
N.B. Except where stated, the 1961 and 1965 Acts apply to assessment of compensation.
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
Local Authorities- general |
|
|
|
|
|
Local Government Act 1972 |
A principal
council A distinct council (on behalf of parish or community council) |
s 121
s 125 |
Any purpose for which authorised to acquire land For any of the functions of a parish or community council where that council has been unable to purchase land by agreement under s 124 of the Act |
|
|
Local Government (Miscellaneous Provisions) Act 1976 |
A local authority (s 44) |
s 13 |
Acquisition of ‘new rights’ in or over land for any purpose for which authorised to acquire land |
|
|
Agriculture, forestry and food |
|
|
|
|
|
Agriculture Act 1947 |
The Minister of Agriculture, Fisheries and Food |
s 83
s 84
s 86 |
Agricultural research, experiment and demonstration To ensure full and efficient use of agricultural land To control the subdivision of agricultural units |
|
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
Forestry Act 1967 |
The Minister of Agriculture, Fisheries and Food |
s 40 |
Land suitable for afforestation or for any purpose connected with forestry (s 39) |
The procedure for making a compulsory purchase order under this Act is set out in Sch 5, Pt I, and the CPA 1965 is incorporated subject to modifications in Sch 5, Pt III |
|
Food Act 1984 |
A local authority |
S 110 |
For purposes of the Act |
The power of compulsory purchase under s110 does not apply to the power to acquire an existing market undertaking under s 50 of the Act |
|
Airports and aviation |
|
|
|
|
|
Civil Aviation Act 1982 |
The Civil Aviation Authority
The Secretary of State |
s 42
s 44
s 49 |
For the performance of its functions Power to obtain rights over land to secure safe and efficient use for civil aviation purposes etc For purposes of
providing or improving any highway which is to be provided or improved in
pursuance of an order under |
|
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
Airports Act 1986 |
A Relevant Airport Operator |
s 59(1)
s 59(3), (4) |
Acquisition of land for any purpose connected with the performance of the operator’s functions Applies Civil Aviation Act 1982, s 44, to any relevant airport operator |
|
|
Education |
|
|
|
|
|
Education Reform Act 1988 |
The Education Assets Board |
s 201 |
Where a local education authority has made a disposal in contravention of s 137 of the Act consisting in the grant or disposal of any interest in land, to compulsory acquire that interest |
|
|
Further and Higher Education Act 1992 |
The Education Assets Board |
s 40 |
Where a local education authority has made a disposal in contravention of s 39 of the Act consisting in the grant or disposal of any interest in land, to compulsory acquire that interest |
|
|
Education Act 1996 |
A local education authority |
s 530 |
For purposes of any school or institution which is, or is to be, maintained by local education authority, or otherwise required for its purposes under Act |
|
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
Energy |
|
|
|
|
|
Atomic Energy Authority Act 1954 |
The United Kingdom Atomic Energy Authority |
s 5 |
For the performance of its functions |
|
|
Opencast Coal Act 1958 |
The Coal Authority |
s 4 |
Facilitating the working of coal by opencast operations |
Compulsory rights ‘orders’ granted under s 4 give temporary rights of occupation and use of land |
|
Gas Act 1965 |
A public gas transporter (Gas Act 1995, Sch 4, para 7(1)) |
s 13 |
Compulsory purchase of land or rights in connection with wells, boreholes and shafts |
|
|
Gas Act 1986 |
A public gas transporter (Gas Act 1995, Sch 3) |
s 9(3) and Sch 3 (As amended by the Gas Act 1995, Sch 3) |
General duty of public gas transporter set out in s 9(1) |
|
|
Electricity Act 1989 |
License holder |
s 10 and Sch 3 |
For any purpose connected with carrying on its licensed activities |
|
|
Environment-al protection |
|
|
|
|
|
Water Resources Act 1991 |
The Environment Agency |
s 154
s 156 s 168(4)
s 182 |
Required by the Agency for the purposes of, or in connection with, the carrying out of its functions Acquisition of land for fisheries purposes Acquisition of land pursuant to a ‘compulsory works order’ (s 168(1)) Acquisition of mineral rights |
|
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
Fire service |
|
|
|
|
|
Fire Services Act 1947 |
A fire authority |
s 3(5) |
For purposes of its functions |
|
|
Highways and traffic |
|
|
|
|
|
Highways Act 1980
|
A highway authority, being the Secretary of State of a local highway authority
|
ss 239-240
s 241
s 242
s 243
s 244
s 245
|
Acquisition of land in connection with construction, improvements etc of highways Acquisition of land between improvement line and boundary of street
Acquisition of land for execution of works in connection with certain bridges
Acquisition of land for cattle grids etc
Acquisition of land for road ferries
Acquisition of land for buildings etc needed for discharge of functions of highway authority
|
s 238(1) provides that acquisition may be by compulsion or by agreement s 238 provides that acquisition may be by compulsion or by agreement s 238 provides that acquisition may be by compulsion or by agreement s 238 provides that acquisition may be by compulsion or by agreement s 238 provides that acquisition may be by compulsion or by agreement s 238 provides that acquisition may be by compulsion or by agreement
|
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
|
|
s 246(1)
s 250(1)
s 250(2) |
Acquisition of land for mitigating adverse effects of constructing or improving highway Acquisition of rights over land by creating new rights as well as acquiring existing rights Acquisition of ‘exchange land’, where acquiring common, open space or allotment |
s 238 provides that acquisition may be by compulsion or by agreement |
|
Road Traffic Regulations Act 1984 |
A local authority |
s 40 |
For purposes of providing parking spaces |
|
|
Housing |
|
|
|
|
|
Housing Act 1985
|
A local housing authority
|
s 17(3)
s 243
|
For provision of housing accommodation under Pt II of the Act Within a ‘housing action area’, for purposes of securing or assisting in securing the improvement of the housing accommodation in the area as a whole, the well-being of persons residing in the area, and the proper and effective management and use of that accommodation (s 239(2)) |
|
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
|
A county council |
s 300(3)
s 29 |
Purchase of houses liable to be demolished or closed pursuant to order under ss 264-265 Provision of accommodation for employees of county councils |
By s 29(2), a county council may acquire land ‘in the same way’ as local housing authority under this part of the Act (ie s 17) |
|
Housing Associations Act 1985 |
A county council
The housing corporation in England, or the Secretary of State in Wales (Government of Wales Act 1998, Sch 16, para 24(2)) |
s 34(1)
s 88(1) |
Acquisition of land for erection of housing by housing association, where the district council are unwilling to acquire the land For purposes of selling or leasing the land to a registered social landlord or unregistered self-build society, or itself providing dwellings or hostels |
County council may exercise powers of district council under Pt II of the Housing Act 1985 |
|
Housing Act 1988 |
A housing action trust |
s 77 |
For purposes of achieving its objective and performing its function |
|
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|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
Local Government Housing Act 1989 |
A local housing authority (s 100(1)) and Housing Act 1985, ss 1 and 2) |
s 93 |
Within a ‘renewal area’, for purposes of improvement or repair of premises, the proper and effective management and use of housing accommodation, and the well-being of persons residing in the area (s 93(3)) |
|
|
Land drainage |
|
|
|
|
|
Land Drainage Act 1991 |
An internal drainage board
A district council, London borough or the Common Council of the City of London |
s 62(1)
s 62(2) |
Any purpose in connection with performance of functions For purposes of ss 14-17 and 66 of the Act
|
|
|
Military and defence |
|
|
|
|
|
Defence Act 1842 (For later Acts which have amended and extended these provisions, see Halsbury’s Statutes Vol 3 (Armed Forces) Part 6 (Acquisition and Use of Land)) |
The Secretary of State for Defence |
ss 16 and 19 |
Lands, buildings, or other hereditaments wanted for the service of the ordinance department, or for the defence of the realm |
The ALA 1981 does not apply |
|
|
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|
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
Military Lands
Act 1892 (For later Acts which have extended these provisions, see Halsbury’s Statutes Vol 3 (Armed
Forces) |
The Secretary of State for Defence
A territorial, auxiliary and volunteer reserve association
A county council |
s 1(1)
s 1(2)
s 1(3) |
For the military or naval purposes of Her Majesty’s armed forces
For the military purposes of Her Majesty’s armed forces
On behalf of TAVRA for the military purposes of Her Majesty’s armed forces |
s 2 incorporates the Lands Clauses Acts and applies the provisional order procedure s 2 incorporates the Lands Clauses Acts and applies the provisional order procedure ALA 1981 procedures apply by virtue of ALA 1981, s 1(2) |
|
Civil Defence Act 1948 |
The Secretary of State |
s 4 |
For purposes of civil defence |
|
|
Land Powers (Defence) Act 1958 |
The Secretary of State for Trade and Industry |
s 13 |
Land for construction of oil installations for defence of the realm |
Procedure set out in Sch 2 |
|
Miscellaneous |
|
|
|
|
|
Smallholdings and Allotments Act 1908 |
A borough council, district council or parish council |
s 25 |
For providing allotments |
See s 39 for procedure. The ALA 1981 is applied by ALA 1981, s 1(2) |
|
Smallholdings and Allotments Act 1926 |
The district council |
s 4 |
For providing smallholdings |
Contrast the powers of a county council: see Agriculture Act 1970, ss 38(b), 48(2) |
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
Coast Protection Act 1949 |
A coast protection authority |
s 14 |
Acquisition of land required
for carrying out of coast protection work, or for protection of which it is
proposed to carry put such work |
|
|
Prison Act 1952 |
The Secretary of State |
s 36 |
Acquisition of land required for the alteration, enlargement or rebuilding of a prison, or establishment of a new prison, or for any other purpose connected with the management of a prison |
|
|
London County Council (General Powers) Act 1963 |
A council of an Inner London borough (s 4 and the London Government Act 1963, s 1(1)(a)) |
s 8 |
A council may create and acquire such ‘licences, rights or easement in, on, under or over any land’ for the purposes of any street ‘improvement’ (as defined in s 4) |
The council must make an order under s 8 which is then confirmed by the Secretary of State |
|
City of London (Various Powers) Act 1967 |
The Corporation of the City of London |
s 17 |
For provision of a city walkway, or for the extension or improvement of a city walkway |
|
|
Post Office Act 1969 |
The Post Office |
s 55 |
Acquisition of land required for, or in connection with, the exercise of its powers |
|
|
Greater London Council (General Powers) Act 1989 |
A borough council (s 3) |
s 22 |
For purposes of laying out or rendering suitable for a walkway any way or place, or for extending or improving a walkway |
|
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
Courts Act 1971 |
The Secretary of State |
s 28 and Sch 3, para 3 |
Acquisition from local authority of premises which had been wholly or mainly used as a court which was abolished under the Act |
|
|
Slaughterhouses Act 1974 |
A local authority (s 34) |
s 30 |
For purposes of Pt I of the Act (other than those of s 14) |
|
|
Refuse Disposal Amenity Act 1978 |
A county council or district council |
s 7 |
Acquisition of land for any purposes of Act |
|
|
Animal Health Act 1981 |
A local authority (s 50) |
s 55 |
Acquisition of land for provision of wharves for landing etc of imported or other animals, and for use for burial of carcasses etc and for any other purpose of the Act |
|
|
Industrial Development Act 1982 |
The Secretary of State |
s 14 |
Acquisition of land to provide or facilitate provision of premises in any ‘development area’ or ‘intermediate area’ as defined by s 18 |
|
|
Food Act 1984 |
A local authority |
s 110 |
Acquisition of land for the purposes of the Act |
|
|
|
|
|
|
|
|
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|
|
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|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
National Health Service and social services |
|
|
|
|
|
Service Act 1977 |
The Secretary of State A local social services authority |
s 87(1) s 87(3) |
For the purposes of the Act For the purposes of the Act |
|
|
National Health Service and Community Care Act 1990 |
A National Health Service trust |
s 5 and Sch 2, para 26 |
For purposes of its functions |
|
|
Pipelines |
|
|
|
|
|
Pipe-lines Act 1962 |
A person proposing to place a pipeline across land |
s 11
s 12 |
Land for pipeline construction
Rights over land for pipeline construction |
For procedure
and compensation see Schs 2 and 3 and CPA 1965, For compensation see s 14 |
|
Police |
|
|
|
|
|
Metropolitan Police Act 1886 |
The Police Receiver |
ss 2 and 4(11) |
Construction of police buildings |
See Road Traffic Regulations Act 1984, s 97(5), in relation to traffic wardens |
|
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|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
Local Government Act 1972 |
A police authority |
s 121 |
Any purpose for which authorised to acquire land |
A police authority under the Police Act 1964, s 3, is deemed to be a ‘principal council’ for the purposes of s 121: see Local Government Act 1972, 146A(1)(b) |
|
Ports, harbours and shipping |
|
|
|
|
|
Harbours Act 1964 |
A harbour authority |
s 14 and Sch 2 |
A harbour revision order may confer on harbour authority power to acquire land by compulsion for purpose of its being used as the site of works, or for some other purpose of the harbour (Sch 2, para 7) |
|
|
Docks and Harbours Act 1996 |
A harbour authority (s 50(1) and the Harbour Act 1964, s 57(1)) |
s 36 |
References to a harbour in s14 of and Sch 2 to the Harbours Act 1964, shall include references to an ‘inland clearance depot’ (s 36(4)) |
|
|
Transport Act 1981 |
Associated British Ports |
s 8 and Sch 3, para 19 |
For purposes of its business |
|
|
Public transport |
|
|
|
|
|
Transport Act 1962 |
The British Railways Board or the British Waterways Board |
s 15 |
For the purposes of their business |
|
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
London Regional Transport Act 1984 |
London Regional Transport |
s 3(9) and Sch 2, paras 4-16 |
For the purposes of their business |
|
|
Transport and Works Act 1992 |
A person authorised by a works order |
s 1 and Sch1, para 3 |
For construction or operation of a railway, tramway, trolley vehicle system, or guided transport system |
ALA 1981 does not apply |
|
Channel Tunnel Rail Link Act 1996 |
The Secretary of State |
ss 4 and 5 |
Acquisition of land in connection with provision of Channel Tunnel Rail Link |
|
|
Regional, urban and rural development |
|
|
|
|
|
Welsh Development Agency Act 1975 |
The Welsh Development Agency |
s 1(7)(b) |
For purposes of WDA specified in s 1(3) |
S 21A and Sch 4 (both as inserted by Government of Wales Act 1998, Sch 13) define the power conferred by s 1(7)(b) |
|
Development of Rural Wales Act 1976 |
The Development Board for Rural Wales |
ss 4(1) and 5 (repealed, subject to transitional provisions, by the Government of Wales Act 1998, Sch 18, Pt IV) |
For purposes of enabling Board to discharge it general functions under the Act |
Where land is within a New Town or associated with the area of a New Town, the procedure in Sch 3, Pt III applies. In all other cases the ALA 1981 procedure applies |
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
Miscellaneous Financial Provisions Act 1983 |
The Development Commission |
s 1(4), (5) |
Anything conducive or incidental to the discharge of its functions |
|
|
Leasehold Reform, Housing and Urban Development Act 1993 |
The Urban Regeneration Agency (s 158) (known as ‘English Partnerships’) |
s 162(1) |
For purpose of securing regeneration of land in England |
Sch 20 deals with modifications to the ALA 1981, and with various other matters relating to land and rights over land |
|
Regional Development Agencies Act 1998 |
A regional development agency (s 41) |
s 20 |
For the purposes of an RDA as set out in s 4 of the Act, or for purposes ‘incidental’ thereto (s 20(1)) |
|
|
Telecommunications |
|
|
|
|
|
Telecommun-ications Act 1984 |
A public telecommunications operator authorised by the Secretary of State |
s 34 |
Required by an Public Telecommunications operator in connection with establishment or running of system |
|
|
Town and country planning |
|
|
|
|
|
National Parks and Access to Country side Act 1949
|
A local planning authority for a National Park
|
s 12(4)
s 13(8)
|
Provision of accommodation, meals, refreshments, camping spaces and parking places Improvement of waterways for purposes of open-air recreation |
|
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
|
The Nature Conservancy Council for England or the Country side Council for Wales A local planning authority The Secretary of State
A local planning authority A local authority |
ss 17 and 18
s 76
s 77
s 89(5) s 89(5) |
Establishment and maintenance of nature reserves
Public access to land for open-air recreation Public access to land for open-air recreation Planting of trees Treatment of derelict land |
|
|
Caravan Sites and Control of Development Act 1960 |
A local authority |
s 24(5) |
To provide sites where caravans may be bought |
|
|
Countryside Act 1968 |
The Countryside Agency or the Countryside Council for Wales
A local authority |
s 4(3)(a)
s 7(4) s 9(5)
s 10(4) |
To make and carry out, or promote the carrying out, for any experimental scheme designed to facilitate the enjoyment of the countryside etc To provide a country park Acquisition of land near common land required in the interests of persons resorting to the common land for open air recreation To provide camping sites for holiday and recreation purposes |
|
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
Ancient Monuments and Archaeological Areas Act 1979 |
The Secretary of State |
s 10 |
Acquisition of ancient monument for purposes of its preservation |
|
|
Local Government Planning and Land Act 1980 |
An urban development corporation
A local highway authority |
s 142
s 143 |
Land in urban development area; land adjacent to such an area if required for purposes connected with discharge of function; for provision of services in connection with discharge of functions Construction or improvement of road needed in connection with urban development area |
|
|
New Towns Act 1981 |
A New Town development corporation
A local highway authority
|
s 10
s 11(1)
|
Land within area of New Town; land adjacent to such an area if required for purposes connected with discharge of functions; for provision of services for the purposes of the New Town Construction or improvement of road needed in connection with New Town |
The procedure for making a compulsory purchase order under this Act is set out in Sch 4, Pt I
The procedure for making a compulsory purchase order under this Act is set out in Sch 4, Pt I and II |
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
|
The Secretary of State |
s 11(2) |
Construction or improvement of road needed in connection with New Town |
The procedure for making a compulsory purchase order under this Act is set out in Sch 4, Pt III |
|
Town and Country Planning Act 1990 |
A local authority (s 226(8)) or a joint planning board (s 244)
The Secretary of State |
s 226
s 165
s 228 |
Acquisition of land which is suitable for and required in order to carrying out of development etc, or is required in order to achieve proper planning of area Acquisition of land where a blight notice has been served in respect of land, the land falls within paras 7-9 of Sch 13, and the relevant development corporation for the New Town or the relevant urban development corporation, has not been established Acquisition of land necessary for the ‘public service’ (s 228(5)); or for the public service and to meet proper planning of area or to secure best of most economic development or use of land |
|
|
Authorising Act |
Body with compulsory purchase powers |
Section |
Purpose |
Comment |
|
|
|
|
|
|
|
Planning (Listed Buildings and Conservation Areas) Act 1990 |
A county council, county borough, district council, London borough council, English Heritage, joint planning board or Broads Authority (the appropriate authority s 47(7)) The Secretary of State |
s 47(1)(a)
s 47(1)(b) |
If reasonable steps are not being taken to preserve a listed building
If reasonable steps are not being taken to preserve a listed building |
|
|
Environment Act 1995 |
A National Park authority |
s 65(7) and Sch 8
s 70 and Sch 9 |
Various
Various |
Sch 8 gives a National Park authority various powers in relation, inter alia, to land Sch 8 gives a National Park authority various powers in relation, inter alia, to land |
|
Water, sewerage and rivers |
|
|
|
|
|
Water Industry Act 1991 |
A water undertaker or sewerage undertaker (s 219(1) |
s 155
s 188 and Sch 14 |
Required by undertaker for purposes of, or in connection with, the carrying out of its functions Acquisition of mineral rights |
In relation to minerals etc Sch 14 has effect instead of the ALA 1981, Sch 2 |
|
Transport and Works Act 1992 |
A person authorised by a works order |
s 3 and Sch 1, para 3 |
Construction of an inland waterway, or the carrying out of works which interfere with rights of navigation |
ALA 1981 does not apply |
