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You are here: BAILII >> Databases >> The Law Commission >> Towards a Compulsory Purchase [2003] EWLC Apb (15 December 2003) URL: http://www.bailii.org/ew/other/EWLC/2003/286(APPENDIX_B).html Cite as: [2003] EWLC Apb |
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APPENDIX B
REPEALS
B.1 We list here those provisions which would be repealed or replaced under our recommended Code. The footnotes refer to the proposed replacements (where applicable), or relevant discussion in the text.[1]
Land Compensation Act 1961
B.2 The proposed Code would result in the replacement of the bulk of Parts II to IV of the 1961 Act:
Provisions to be repealed or replaced
s 5(1) – (6)[2] (rules for assessing compensation)
s 6, and Schedule 1 (disregard of actual and prospective development)[3]
s 7 (development of adjacent land)[4]
s 8 (subsequent acquisition of adjacent land)[5]
s 9 (disregard of depreciation)[6]
s 10A (expenses of owners not in occupation) [7]
ss 14–16 (assumptions as to planning permission)[8]
ss 17–22 (certificates of appropriate alternative development)[9]
ss 23–30, Sched 3 (compensation for additional development)[10]
s 32 (rate of interest after entry)[11]
Provisions of 1961 Act not considered in this report
ss 1–4 (determination of disputed compensation)[12]
s 11 (land of statutory undertakers)[13]
s 12 (outstanding right to compensation for refusal of permission)[14]
s 31 (withdrawal of notices to treat)[15]
ss 33–42 (miscellaneous and interpretation)[16]
Other statutory repeals
B.3 The effect on other statutes is more limited. Provisions to be repealed or replaced are:
Compulsory Purchase Act 1965
s 7 (compensation for severance etc)[17]
s 10 (injurious affection where no land is taken)[18]
s 20(2) (special compensation rules – minor tenancies)[19]
Land Compensation Act 1973
s 2(3) and (6) (rateable value limit of £24,600)[20]
s 4(5) (existing use only)[21]
s 5 (no permission for new development)[22]
s 44 (injurious affection by the whole of the works)[23]
s 45 (disturbance provisions for the disabled)[24]
s 46 (rights of traders over 60 years)[25]
s 47 (land subject to business tenancy)[26]
s 49 (agricultural holdings)[27]
s 50 (compensation where occupier is rehoused)[28]
s 51 (land in new town designated for public development)[29]
ss 52, 52A (advance payment)[30]
Acquisition of Land Act 1981
s 4 (disregard of enhancements)[31]
Note 1 The word “replaced” indicates that the effect of the former provision would be substantially reproduced (with or without modifications) in the new Code. The word “reflected” indicates that the former provision has influenced the new Code in some respect. [Back] Note 2 Subsections 5 (2) (market value), (4) (unlawful uses), (5) (equivalent reinstatement), and (6) (disturbance etc) would be replaced (respectively) by proposed Rules 3 (Market value), 7 (Illegality), 6 (Equivalent reinstatement), and 5 (Consequential loss). Subsection 5(3) (special suitability), so far as still relevant (see Appx D, paras D.93 – D.97), is reflected in Rule 13 (The statutory project and blight) (see paras 8.6 and 8.11(2) above). [Back] Note 3 Not replaced (save that Schedule 1 Case 1 is reflected in Rule 13(3)(a): see para 7.26 above). [Back] Note 4 Reflected in Rule 4 (Injury to retained land), as an off-set for “betterment” (Rule 4(1)(c)) (see paras 3.16 – 3.17 above). [Back] Note 6 Replaced by Rule 13((6) (Depreciation due to blight). [Back] Note 7 Replaced by Rule 5(3)(c). [Back] Note 8 Replaced by Rule 14 (Planning permissions – actual and assumed). [Back] Note 9 Replaced by Rule 14A (Alternative development certificate). [Back] Note 10 Not replaced (see Rule 15). [Back] Note 11 Replaced by Rule 21. [Back] Note 12 The President of the Lands Tribunal has proposed that ss 2–4 should be repealed and replaced (so far as necessary) by rules and practice directions: see Law Commission Scoping Paper (March 2001), paras 46–7. [Back] Note 13 Our terms of reference were directed to provisions of general application. We have not been asked to consider special cases, such as statutory undertakers. [Back] Note 14 This section, which is related to obsolete provisions for compensation under the Town and Country Planning Act 1947, can probably be repealed. [Back] Note 15 This is considered in the discussion of our proposals in relation to “Abortive orders”: see CP 169, para 8.11. [Back] Note 16 To be considered at the stage of detailed drafting. [Back] Note 17 Replaced by Rule 4 (Injury to retained land). [Back] Note 18 Replaced by Rule 22 (Depreciation caused by public works). [Back] Note 19 Replaced by Rule 18 (Minor tenancies). [Back] Note 20 Repealed by Rule 22(3)(a). [Back] Note 21 Repealed by Rule 22(3)(b). [Back] Note 22 Repealed by Rule 22(3)(c). [Back] Note 23 Replaced by Rule 4(1), 13A(1). [Back] Note 24 Replaced by Rule 6(1)(a). [Back] Note 25 Replaced by Rule 5(2)(c)(i). [Back] Note 26 Not replaced (see paras 5.2 – 5.8 above). [Back] Note 27 Reflected in Rule 2(1) and 10(2)(a) proviso (see paras 2.3 – 2.4 above). [Back] Note 28 Replaced by Rule 12 (Rehousing obligations). [Back] Note 29 Repealed without replacement (this provision is linked to 1961 Act s 6, which is to be repealed: see n 4 above). [Back]
