Made | 9th February 2001 | ||
Coming into force | 2nd March 2001 |
1. | Citation and commencement |
2. | Interpretation |
3. | Power to acquire land |
4. | Application of Part I of the Compulsory Purchase Act 1965 |
5. | Application of the Compulsory Purchase (Vesting Declarations) Act 1981 |
6. | Powers to acquire new rights |
7. | Powers to acquire subsoil only |
8. | Rights under or over streets |
9. | Disregard of certain interests and improvements |
10. | Acquisition of part of certain properties |
11. | Extinction of private rights of way |
12. | Time limit for exercise of powers of acquisition |
13. | Certification of plans etc. |
14. | Modification of the Greater Manchester (Light Rapid Transit System) Act 1994 |
15. | For protection of Railtrack PLC |
Schedule 1 | Modification of compensation and compulsory purchase enactments for creation of new rights |
Schedule 2 | For protection of Railtrack PLC |
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
(2) Part I of the 1965 Act, as so applied, shall have effect as if -
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
5.
- (1) The Compulsory Purchase (Vesting Declarations) Act 1981[8] shall apply as if this Order were a compulsory purchase order.
(2) In its application by virtue of paragraph (1) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.
(3) In section 3 (preliminary notices) for subsection (1) there shall be substituted -
(4) In that section, in subsection (2), for "(1)(b)" there shall be substituted "(1)" and after "given" there shall be inserted "and published".
(5) In that section, subsections (5) and (6) shall be omitted and at the end there shall be substituted -
(6) In section 5 (earliest date for execution of declaration) -
(7) In section 7 (constructive notice to treat) in subsection (1)(a), the words "(as modified by section 4 of the Acquisition of Land Act 1981)" shall be omitted.
(8) References to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 3 above.
Powers to acquire new rights
6.
- (1) The Executive may compulsorily acquire such easements or other rights over any land referred to in article 3 above as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
(2) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 1 to this Order), where the Executive acquires a right over land under paragraph (1) above the Executive shall not be required to acquire a greater interest in it.
(3) Schedule 1 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Powers to acquire subsoil only
7.
- (1) The Executive may compulsorily acquire so much of the subsoil of the land referred to in article 3 above as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
(2) Where the Executive acquires any part of the subsoil of land under paragraph (1) above the Executive shall not be required to acquire an interest in any other part of the land.
(3) Paragraph (2) above shall not prevent article 10 below from applying where the Executive acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
Rights under or over streets
8.
- (1) The Executive may enter upon and appropriate so much of the surface, subsoil of, or air-space over, any street shown on the land plans and described in the book of reference as may be required for the purposes of the authorised works and may use the surface, subsoil and air-space for those purposes or any other purpose connected with or ancillary to its transit system undertaking.
(2) The power under paragraph (1) above may be exercised in relation to a street without the Executive being required to acquire any part of the street or any easement or right in the street and the powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the street.
(3) Any person, who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) above is exercised without the undertaker acquiring any part of that person's interest in the land and who suffers loss by the exercise of that power, shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961[9].
(4) Paragraph (2) above shall not apply in relation to -
Disregard of certain interests and improvements
9.
- (1) In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account -
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
(2) In paragraph (1) above "relevant land" means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Acquisition of part of certain properties
10.
- (1) This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 4 above) in any case where -
(2) In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the Executive a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole ("the land subject to the counter-notice").
(3) If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
(4) If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the Executive agrees to take the land subject to the counter-notice, be referred to the tribunal.
(5) If on such a reference the tribunal determine that the land subject to the notice to treat can be taken -
the owner shall be required to sell the land subject to the notice to treat.
(6) If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken -
the notice to treat shall be deemed to be a notice to treat for that part.
(7) If on such a reference the tribunal determine that -
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the Executive is authorised to acquire compulsorily under this Order.
(8) If the Executive agrees to take the land subject to the counter-notice, or if the tribunal determine that -
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the Executive is authorised to acquire compulsorily under this Order.
(9) In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the Executive may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so shall pay to the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
(10) Where the owner is required under this article to sell only part of a house, building or factory or of land consisting of a house with a park or garden, the Executive shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinction of private rights of way
11.
- (1) All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished -
whichever is the sooner.
(2) All private rights of way over land owned by the Executive which, being within the limits of land which may be acquired shown on the land plans, is required for the purposes of this Order shall be extinguished on the appropriation of the land for any of those purposes by the Executive.
(3) All private rights of way over land of which the Executive takes temporary possession under this Order shall be suspended and unenforceable for as long as the Executive remains in lawful possession of the land.
(4) Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961[10].
Time limit for exercise of powers of acquisition
12.
The powers conferred by this Order to acquire any land shall be deemed to have been exercised if, before the end of the period of 5 years beginning on the day on which this Order comes into force, notice to treat has been served in respect of the land but, subject thereto, the powers shall cease to have effect at the end of that period.
For protection of Railtrack PLC
15.
The provisions of Schedule 2 (for the protection of Railtrack PLC) shall have effect.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Ellis Harvey
Head of the Transport and Works Act Processing Unit, Department of the Environment, Transport and the Regions
9th February 2001
(3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5 below -
3.
- (1) The 1965 Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to: -
(2) Without prejudice to the generality of sub-paragraph (1) above, Part I of the 1965 Act shall apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.
4.
For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section -
5.
For section 8 of the 1965 Act (provisions as to divided land) there shall be substituted the following: -
the Greater Manchester (Light Rapid Transit System) (Land Acquisition) Order 2001 ("the Order") shall, in relation to that person cease to authorise the purchase of the right and be deemed to authorise the purchase of that person's interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the tribunal directs.
(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section shall be determined by the tribunal.
(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, without the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.".
6.
The following provisions of the 1965 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), that is to say: -
shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.
7.
Section 11 of the 1965 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 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 warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly.
8.
Section 20 of the 1965 Act (protection for interests of tenants at will etc.) 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 under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.
9.
Section 22 of the 1965 Act (protection of acquiring authority's possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as 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.
5.
The consent of Railtrack PLC for the purpose of paragraph 4 above shall not be unreasonably withheld but may be given subject to reasonable conditions.
6.
Section 18 (For protection of British Railways Board) of the 1994 Act shall have effect as if -
7.
Any dispute arising between the Executive and Railtrack PLC under this article (other than a dispute as to the meaning or construction of this article) shall be referred to and settled by arbitration in the manner provided by section 47 of the Greater Manchester (Light Rapid Transit System) Act 1988[14].
[5] 1977 c. 42. See section 2(1) and Schedule 1, as amended by the Housing Act 1980 (c. 51), sections 76 and 153(2) and Schedule 26, and the Housing Act 1988 (c. 50), section 39(1).back
[6] 1976 c. 80. See section 4, as amended by the Rent Act 1977, section 155 and Schedule 23, and the Housing Act 1980, section 76(3).back