Compulsory Purchase Act

1965
CHAPTER 56

LONDON
HER MAJESTY'S STATIONERY OFFICE
PRICE 3s. 6d. NET
 Compulsory Purchase Act
1965
CHAPTER 56
ARRANGEMENT OF SECTIONS
PART I
COMPULSORY PURCHASE UNDER ACQUISITION OF
LAND ACT OF 1946
Preliminary
Section
1. Application of Part I, and interpretation.
2. Persons without power to sell their interests.
3. Acquisition by agreement in pursuance of compulsory
purchase order.

Compulsory purchase
4. Time limit.
5. Notice to treat and untraced owners.
6. Reference to Lands Tribunal.
7. Measure of compensation in case of severance.
8. Other provisions as to divided land.
Deposit of compensation and execution of deed poll
9. Refusal to convey, failure to make title, etc.

Further provision as to compensation for

injurious affection
10. Further provision as to compensation for injurious affection.

Entry on the land

11. Powers of entry.
12. Unauthorised entry.
13. Refusal to give possession to acquiring authority.
Acquisition of special interests
14. Mortgages.
15. Mortgage debt exceeding value of mortgaged land.
16. Acquisition of part of land subject to mortgage.
17. Compensation where mortgage paid off before stipulated
time.
18. Rentcharges.
19. Apportionment of rent under leases.
20. Tenants at will, etc.
21. Common land.
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ii CH. 56 Compulsory Purchase Act 1965

Supplemental
Section
22. Interests omitted from purchase.
23. Costs of conveyances, etc.
24. Power to sell in consideration of a rentcharge.
25. Payment into court.
26. Costs in respect of money paid into court.
27. Acquiring authority to make good deficiencies in rates.
28. General provisions as to deeds poll.
29. Irregularities in proceedings under the Act.
30. Service of notices.
31. Ecclesiastical property.
32. Commencement of Part I.

PART II
APPLICATION OF PART I
TO OTHER CASES AND
SUPPLEMENTAL PROVISIONS

33. Compulsory purchase orders under Water Acts 1945 and

1948.
34. Compulsory purchase orders under Part III of Housing Act
1957.
35. Purchase notice under Part III of Housing Act 1964.
36. Orders relating to acquisition of land under s. 67 of Water
Resources Act 1963.
37. Compulsory purchase orders under s. 11 of Pipe-lines Act
1962.
38. Application to enactments authorising acquisition of land
by agreement.
39. Consequential amendments and repeals.
40. Short title, commencement and extent.

SCHEDULES :
Schedule I-Persons without power to sell their interests.
Schedule 2-Absent and untraced owners.
Schedule 3-Alternative procedure for obtaining right of
entry.
Schedule 4-Common land.
Schedule 5-Forms of conveyance.
Schedule 6-Powers of purchasing land by agreement.
Schedule 7-Consequential amendments to references of
enactments re-enacted in this Act.
Schedule 8-Repeals.
 Compulsory Purchase Act 1965 CH. 56 1

ELIZABETH II

1965 CHAPTER 56

An 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.
[5th August 1965]
BE IT ENACTED by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:-

PART I
COMPULSORY PURCHASE UNDER ACQUISITION OF LAND ACT
OF 1946

Preliminary
L-0) This Part of this Act shall apply in relation to any Application of
compulsory purchase to which the provisions of Schedule 1 to Part I and
the Acquisition of Land (Authorisation Procedure) Act 1946 1946
interpretation.

c. 49.
(in this Act referred to as " the Act of 1946 ") apply.
(2) In construing this Part of this Act the enactment under
which the purchase is authorised and the compulsory purchase
order under the Act of 1946 shall be deemed to be the special
Act.
(3) In this Part of this Act, unless the context otherwise
requires,-
" acquiring authority " means the person authorised by the
compulsory purchase order under the Act of 1946 to
purchase the land ;
2 CH. 56 Compulsory Purchase Act 1965

PART I " land " includes anything falling within any definition of
that expression in the enactment under which the pur-
chase is authorised ;

" lease " includes an agreement for a lease ;

" notice to treat" has the meaning given by section 5 of
this Act ;
" subject to compulsory purchase ", in relation to land,
means land the compulsory purchase of which is autho-
rised by the compulsory purchase order.
(4) In this Part of this Act "the works" or "the under-
taking " means the works or undertaking, of whatever nature,
authorised to be executed by the special Act :
Provided that where this Part of this Act applies by virtue
1962 c. 38. of Part V of the Town and Country Planning Act 1962 refer-
ences in this Part of this Act to the execution of the works
shall be construed in accordance with section 86(6) of that Act.
(5) A justice of the peace may act under this Act in relation
to land which is partly in one area, and partly in another, if
he may act as respects land in either area, but no justice of
the peace shall act under this Act if he is interested in the
matter.
(6) Where under this Act any notice is to be given to the
owner of any land or where any act is authorised or required
to be done with the consent of any such owner, the word
" owner " shall, unless the context otherwise requires, mean any
person having power to sell and convey the land to the acquiring
authority.

Persons 2. Schedule 1 to this Act (which gives owners power to sell

without to the acquiring authority) shall have effect for the purposes
power to of this Act.
sell their
interests.
Acquisition 3. It shall be lawful for the acquiring authority to agree with
by agreement the owners of any of the land subject to compulsory purchase,
in pursuance of and with all parties having an estate or interest in any of the
compulsory
®der.ase
land, or who are by Schedule 1 to this Act or any other enact-
ment enabled to sel and convey or release any of that land,
for the absolute purchase, for a consideration in money, of
any of that land, and of all estates and interests in the land.
Compulsory purchase
Time limit. 4. The powers of the acquiring authority for the compul-
sory purchase of the land shall not be exercised after the expira-
tion of three years from the date on which the compulsory
purchase order becomes operative.
 Compulsory Purchase Act 1965 CH. 56 3

5.-(1) When the acquiring authority require to purchase PART.I

any of the land subject to compulsory purchase, they shall give Notice to
notice (hereafter in this Act referred to as a " notice to treat ") treat, and
to all the persons interested in, or having power to sell and untraced
owners.
convey or release, the land, so far as known to the acquiring
authority after making diligent inquiry.
(2) Every notice to treat-
(a) shall give particulars of the land to which the notice
relates,
(b) shall demand particulars of the recipient's estate and
interest in the land, and of the claim made by him
in respect of the land, and
(c) shall state that the acquiring authority are willing to
treat for the purchase of the land, and as to the com-
pensation to be made for the damage which may be
sustained by reason of the execution of the works.
(3) Schedule 2 to this Act (which relates to absent or un-
traced owners) shall have effect for the purposes of this Act.

6. If a person served with a notice to treat does not within Reference

twenty-one days from the service of the notice state the par- to Lands
ti.culars of his claim or treat with the acquiring authority
Tribunal.

in respect of his claim, or if he and the acquiring authority do

not agree as to the amount of compensation to be paid by the
acquiring authority for the interest belonging to him, or which
he has power to sell, or for any damage which may be sustained
by him by reason of the execution of the works, the question
of disputed compensation shall be referred to the Lands
Tribunal.
7. In assessing the compensation to be paid by the acquiring Measure of
authority under this Act regard shall be had not only to the compensation
value of the land to be purchased by the acquiring authority, seveane.
but also to the damage, if any, to be sustained by the owner of
the land by reason of the severing of the land purchased from
the other land of the owner, or otherwise injuriously affecting
that other land by the exercise of the powers conferred by this
or the special Act.
8.-(1) No person shall be required to sell a part only- Other
provisions as
(a) of any house, building or manufactory, or to divided
(b) of a park or garden belonging to a house, land.
if he is willing and able to sell the whole of the house, building,
manufactory, park or garden, unless the Lands Tribunal deter-
mines that-
(i) in the case of a house, building or manufactory the part
proposed to be acquired can be taken without material
detriment to the house, building or manufactory, or
4 CH. 56 Compulsory Purchase Act 1965

PART I (ii) in the case of a park or garden, the part proposed

to be acquired can be taken without seriously affecting
the amenity or convenience of the house,

and, if the Lands Tribunal so determine, the Lands Tribunal

shall award compensation in respect of any loss due to the
severance of the part proposed to be acquired, in addition to
its value ; and thereupon the party interested shall be required
to sell to the acquiring authority that part of the house, building,
manufactory, park or garden.
(2) If any land which is not situated in a town or built upon
is cut through and divided by the works so as to leave, either
on both sides of the works, or on one side, a quantity of land
which is less than half an acre, the owner of the land may
require the acquiring authority to purchase the land along with
the land subject to compulsory purchase :
Provided that this subsection shall not apply if
the owner
has other land adjoining the land so left into which it can be
thrown so as to be conveniently occupied with it, and in that
case the acquiring authority shall, if so required by the owner.
at their own expense throw the piece of land so left into the
adjoining land by removing the fences and levelling the sites
thereof, and by soiling it in a satisfactory and workmanlike
manner.

(3) If the owner of any land cut through and divided by

the works requires the acquiring authority under the provisions
of the special Act to make any bridge, culvert or other com-
munication between the land so divided, and-
(a) the land is so cut through and divided as to leave,
either on both sides or on one side, a quantity of land
which is less than half an acre, or which is of less
value than the expense of making the communication
between the divided land, and
(b) the owner has not other land adjoining that piece of
land,
the acquiring authority may require the owner to sell them the
piece of land.
Any dispute as to the value of the piece of land, or as to
the expense of making a communication between the divided
land shall be determined by the Lands Tribunal, and either
party to proceedings for determining the compensation to be
paid for the land acquired may require the Lands Tribunal to
make their determination under this subsection in those
proceedings.
 Compulsory Purchase Act 1965 CH. 56 5

Deposit of compensation and execution of deed poll PART I

9.-(1) If the owner of any of the land purchased by the Refusal to
acquiring authority, or of any interest in the land so purchased, convey,
t
on tender of the compensation agreed or awarded to be paid in (make tle,
respect of the land or interest refuses to accept it, or neglects etc.
or fails to make out a title to the land or interest to the satis-
faction of the acquiring authority, or refuses to convey or release
the land as directed by the acquiring authority, it shall be lawful
for the acquiring authority to pay into court the compensation
payable in respect of the land or interest.
(2) The compensation so paid into court shall, subject to the
provisions of this Act, be placed to the credit of the parties
interested in the land and the acquiring authority shall, so far
as they can, give their descriptions.
(3) When the acquiring authority have paid into court the
compensation, it shall be lawful for them to execute a deed poll
containing a description of the land in respect of which the
payment into court was made, and declaring the circumstances
under which, and the names of the parties to whose credit,
the payment into court was made.
(4) On execution of the deed poll all the estate and interest
in the land of the parties for whose use and in respect whereof
the compensation was paid into court shall vest absolutely in the
acquiring authority and as against those persons the acquiring
authority shall be entitled to immediate possession of the land.
(5) On the application of any person claiming all or any
part of the money paid into court, or claiming all or any part
of the land in respect of which it was paid into court, or any
interest in it, the High Court may order its distribution
according to the respective estates, titles or interests of the
claimants, and if, before the money is distributed, it is dealt
with under section 6 of the Administration of Justice Act 1965 1965 c. 2.
payment likewise of the dividends thereof, and may make such
other order as the Court thinks fit.
(6) Before Schedule 1 to the Administration of Justice Act
1965 comes into force, orders of the High Court under the last
foregoing subsection may include an order for the money to be
invested in accordance with rules of court and an order for
payment of the dividends on the money.

Further provision as to compensation for injurious affection

10.-(1) If any person claims compensation in respect of any Further
land, or any interest in land, which has been taken for or in. provision as to
of the works, and for which compensation
juriously affected by the execution for ction
urious
the acquiring authority have not made satisfaction under the affection .
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6 CH. 56 Compulsory Purchase Act 1965

PART I provisions of this Act, or of the special Act, any dispute arising
in relation to the compensation shall be referred to and deter-
mined by the Lands Tribunal.
(2) This section shall be construed as affording in all cases a
right to compensation for injurious affection to land which
1845 c. 18. is the same as the right which section 68 of the Lands Clauses
Consolidation Act 1845 has been construed as affording in cases
where the amount claimed exceeds fifty pounds.
(3) Where this Part of this Act applies by virtue of Part V
1962 c. 38. of the Town and Country Planning Act 1962 references in this
section to the acquiring authority shall be construed in accord-
ance with section 86(6)(b) of that Act.

Entry on the land

Powers of 11.-(1) If the acquiring authority have served notice to
entry. treat in respect of any of the land and have served on the
owner, lessee and occupier of that land not less than fourteen
days notice, the acquiring authority may enter on and take
possession of that land, or of such part of that land as is speci-
fied in the notice ; and then any compensation agreed or awarded
for the land of which possession is taken shall carry interest
1961 c. 33. at the rate prescribed under section 32 of the Land Compen-
sation Act 1961 from the time of entry until the compensation
is paid, or is paid into court in accordance with this Act.
Where under this subsection a notice is required to be served
on an owner of land, and the land is ecclesiastical property
as defined in paragraph 3 of Schedule 1 to the Act of 1946, a
like notice shall be served on the Church Commissioners.
In this subsection " owner " has the meaning given by section
8(1) of theAct of 1946.
(2) The acquiring authority may also enter on and take posses-
sion of any of the land by following the procedure in Schedule 3
to this Act.
Where this Part of this Act applies by virtue of Part V or
1957 c. 56. Part II of the Housing Act 1957, this subsection has effect subject
to section 98 and Schedule 1, paragraph 3, of that Act.
(3) For the purpose of surveying and taking levels of any of
the land subject to compulsory purchase, of probing or boring
to ascertain the nature of the soil and of setting out the line
of the works, the acquiring authority, after giving not less
than three nor more than fourteen days' notice to the owners
or occupiers of that land, may enter on that land, but the
acquiring authority shall make compensation for any damage
thereby occasioned to the owners or occupiers of the land,
 Compulsory Purchase Act 1965 CH. 56 7

and any question of disputed compensation under this subsec- PART I

tion shall be referred to the Lands Tribunal.
(4) Except as provided by the foregoing provisions of this
section, the acquiring authority shall not, except with the con-
sent of the owners and occupiers, enter on any of the land .

subject to compulsory purchase until the compensation payable

for the respective interests in that land has been agreed or
awarded, and has been paid to the persons having those interests
or has been paid into court in accordance with this Act.

12-0) If the acquiring authority, or any of their contractors, Unauthorised

wilfully enter on and take possession of any of the land sub- entry.
ject to compulsory purchase in contravention of subsection (4)
of the last foregoing section, the acquiring authority shall forfeit
to the person in possession of that land the sum of ten pounds
in addition to the amount of any damage done to the land
by entering and taking possession.
(2) The said sum of ten pounds, and the amount of any such
damage, shall be recoverable summarily as a civil debt.
(3) An appeal shall lie to a court of quarter sessions against
an order of a magistrates' court adjudging a sum to be forfeited
under the foregoing provisions of this section.
(4) If, after a sum has been adjudged to be forfeited under
this section, the acquiring authority, or their contractors, remain
in unlawful possession of any of the land the acquiring autho-
rity shall be liable to forfeit the sum of twenty-five pounds for
every day on which they so remain in possession.
(5) A sum forfeited under the last foregoing subsection shall
be recoverable by the person in possession of that land in the
High Court, and in any such proceedings the decision of the
magistrates' court shall not be conclusive as to the acquiring
authority's right of entry.
(6) This section shall not subject the acquiring authority
to the payment of a penalty if they have in good faith and
without collusion paid the compensation agreed or awarded
in respect of the land to a person whom they reasonably
believed to be entitled to the compensation, or have paid it into
court for the benefit of the person entitled to the land, or
have paid it into court under Schedule 3 to this Act by way
of security, although such person may not have been legally
entitled thereto.

13.-(1) If the acquiring authority are under this Act Refusal

authorised to enter on and take possession of any land, and to give
Possession
the owner or occupier of any of that land, or any other sess oing
person, refuses to give up possession of it, or hinders the acquir- authority.
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8 CH. 56 Compulsory Purchase Act 1965

PART I ing authority from entering on or taking possession of it, the

acquiring authority may issue their warrant to the sheriff to
deliver possession of it to the person appointed in the warrant to
receive it.
(2) On receipt of the warrant the sheriff shall deliver possession
of any such land accordingly.
(3) The costs accruing by reason of the issue and execution
of the warrant, to be settled by the sheriff, shall be paid by
the person refusing to give possession, and the amount of those
costs shall be deducted and retained by the acquiring authority
from the compensation, if any, payable by them to that person.
(4) If no compensation is payable to the person refusing to
give possession, or if it is less than the amount of the costs,
that amount or the amount by which the costs exceed the com-
pensation, if not paid on demand, shall be levied by distress,
and on application to any justice of the peace for that purpose
he shall issue his warrant accordingly.
(5) The said amount shall be levied by distress and sale of the
goods and chattels of the person liable to pay that amount, and
any surplus arising from the sale, after satisfying the amount
due, and the expenses of the distress and sale, shall be returned,
on demand, to the person whose goods or chattels have been
distrained.
(6) In this section " sheriff " includes an under sheriff or
other legally competent deputy, and means the sheriff for the
area where the land is situated, or if land in one ownership is
not situated wholly in one such area the sheriff for the area
where any part of the land is situated.

Acquisition of special interests

Mortgages. 14.-(1) The acquiring authority may purchase or redeem
the interest of the mortgagee of any of the land subject to
compulsory purchase in accordance with either of the two
following subsections.
(2) The acquiring authority may pay or tender to the
mortgagee the principal and interest due on the mortgage,
together with his costs and charges, if any, and also six months
additional interest, and thereupon the mortgagee shall immedi-
ately convey or release his interest in the land comprised in the
mortgage to the acquiring authority, or as they may direct.
(3) Alternatively, the acquiring authority may give notice in
writing to the mortgagee that they will pay all the principal
and interest due on the mortgage at the end of six months,
computed from the day of giving the notice ; and if they have
given any such notice, or if the person entitled to the equity of
 Compulsory Purchase Act 1965 CH. 56 9

redemption has given six months notice of his intention to PART I

redeem, then at the expiration of either of the notices, or
at any intermediate period, on payment or tender by the
acquiring authority to the mortgagee of the principal money due
on the mortgage, and the interest which would become due at
the end of six months from the time of giving either of the
notices, together with his costs and expenses, if any, the
mortgagee shall convey or release his interest in the land com-
prised in the mortgage to the acquiring authority, or as they
may direct.
(4) If, in a case under subsection (2) or subsection (3) of this
section, on such payment or tender the mortgagee fails to
convey or release his interest in the mortgage as directed by the
acquiring authority, or fails to make out a good title to that
interest to the satisfaction of the acquiring authority, it shall be
lawful for the acquiring authority to pay into court the sums
payable under subsection (2) or subsection (3) of this section,
as the case may be.
(5) When the acquiring authority have paid those sums into
court, it shall be lawful for them to execute a deed poll in the
manner provided by section 9(3) of this Act.
(6) On execution of the deed poll, as well as in the case
of a conveyance by the mortgagee, all the estate and interest
of the mortgagee (and of all persons in trust for him, or for
whom he may be a trustee) in the land shall vest in the acquiring
authority and, where the mortgagee was entitled to possession
of the land, the acquiring authority shall be entitled to possession
of the land.
(7) This section shall apply-
(a) whether or not the acquiring authority have previously
purchased the equity of redemption,
(b) whether or not the mortgagee is a trustee,
(c) whether or not the mortgagee is in possession of the
land, and
(d) whether or not the mortgage includes other land in
addition to the land subject to compulsory purchase.

15.-(1) If the value of any such mortgaged land is less than Mortgage debt
the principal, interest and costs secured on the land, the value exceeding
of
of the land, or the compensation to be paid by the acquiring
authority in respect of the land, shall be settled by agreement land.
between the mortgagee and the person entitled to the equity of
redemption on the one part, and the acquiring authority on the
other part, or, if they fail to agree, shall be determined by the
Lands Tribunal.
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 10 CH. 56 Compulsory Purchase Act 1965

PART I (2) The amount so agreed or awarded shall be paid by the

acquiring authority to the mortgagee in satisfaction or part
satisfaction of his mortgage debt.
(3) On payment or tender of the amount so agreed or awarded
the mortgagee shall convey or release all his interest in the
mortgaged land to the acquiring authority or as they direct, and
if he fails to do so, or fails to adduce a good title to that interest
to the satisfaction of the acquiring authority, it shall be lawful
for the acquiring authority to pay into court the amount agreed
or awarded.
(4) When the acquiring authority have so paid into court the
amount agreed or awarded, it shall be lawful for them to execute
a deed poll in the manner provided by section 9(3) of this Act.
(5) On execution of the deed poll the land, as to the estate
and interest which were then vested in the mortgagee, or any
person in trust for him, shall become absolutely vested in the
acquiring authority and, where the mortgagee was entitled to
possession of the land, the acquiring authority shall be entitled
to possession of the land.
(6) The making of payment to the mortgagee or into court
of the amount agreed or awarded shall be accepted by the
mortgagee in satisfaction, or part satisfaction, of his mortgage
debt, and shall be a full discharge of the mortgaged land from
all money due thereon.
(7) All rights and remedies possessed by the mortgagee against
the mortgagor by virtue of any bond or covenant or other
obligation, other than the right to the land, shall remain in force
in respect of so much of the mortgage debt as has not been
satisfied by payment to the mortgagee or into court.

Acquisition
of part of
land subject
to mortgage.
the acquiring authority, and -
16.-(1) If a part only of any mortgaged land is required by

(a) the part so required is of less value than the principal,

interest and costs secured on such land, and
(b) the mortgagee does not consider the remaining part of
the land a sufficient security for the money charged
thereon, or is not willing to release the part so required,
then the value of that part, and also the compensation (if any)
to be paid in respect of the severance thereof or otherwise, shall
be settled by agreement between the mortgagee and the party
entitled to the equity of redemption of that land on the one part
and the acquiring authority on the other and, if the parties fail
to agree, shall be determined by the Lands Tribunal.
(2) The amount so agreed or awarded shall be paid by the
acquiring authority to the mortgagee in satisfaction or part
satisfaction of his mortgage debt.
 Compulsory Purchase Act 1965 CH. 56 11

(3) On payment or tender of the amount so agreed or awarded PART I

the mortgagee shall convey or release all his interest in the
land to be taken to the acquiring authority or as they direct.
(4) A memorandum of what has been so paid shall be endorsed
on the deed creating the mortgage and shall be signed by the
mortgagee ; and a copy of the memorandum shall at the same
time (if required) be furnished by the acquiring authority at their
expense to the person entitled to the equity of redemption of
the land comprised in the mortgage.
(5) If, on payment or tender to any such mortgagee of the
amount of compensation agreed or awarded, the mortgagee
fails to convey or release to the acquiring authority, or as they
direct, his interest in the land in respect of which the com-
pensation has been so paid or tendered, or if he fails to adduce
a good title thereto to the satisfaction of the acquiring authority,
it shall be lawful for the acquiring authority to pay into court
the amount of the compensation ; and subsections (4) to (6) of
the last foregoing section shall apply as if references in those
subsections to the land were references to the part of the land
comprised in the mortgage which is required by the acquiring
authority.
(6) Notwithstanding the foregoing provisions of this section
the mortgagee shall have the same powers and remedies
for recovering or compelling payment of the mortgage money
or the residue of it (as the case may be), and the interest thereon,
as against the remaining land comprised in the mortgage, as he
would have had for recovering or compelling payment thereof
as against the whole of the land originally comprised in the
mortgage.

17.-(l) If in the mortgage deed a time was limited for the pay- Compensation
where
ment of the principal secured and under the three last fore- mortgage
going sections the mortgagee has been required to accept pay- paid off
ment of the principal at a time earlier than the time so limited, before
the amounts payable under those sections shall include- ' stipulated
(a) all such costs and expenses as may be incurred by time.
the mortgagee in respect of, or as incidental to, the
re-investment of the sum paid off, and
(b) if the rate of interest secured by the mortgage is
higher than can reasonably be expected to be obtained
on re-investment at the time the mortgage is paid off,
regard being had to the current rate of interest, com-
pensation in respect of the loss thereby sustained.
(2) The costs under paragraph (a) of the foregoing subsection
shall, in case of difference, be taxed and their payment enforced
in the manner provided in section 23 of this Act for costs of
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12 CH. 56 Compulsory Purchase Act 1965

PART I conveyances, and the amount of compensation under paragraph

(b) of the foregoing subsection shall, in case of difference, be
referred to and determined by the Lands Tribunal.

Rentcharges. 18.-(1) If any difference arises between the acquiring

authority and a person entitled to a rentcharge on any of the
land subject to compulsory purchase as to the compensation
to be paid for the release of the land from the rentcharge,
or from the part of the rentcharge affecting the land, it shall
be referred to and determined by the Lands Tribunal.
(2) If part only of the land charged with a rentcharge is
comprised in the land required by the acquiring authority the
apportionment of the rentcharge-
(a) may be settled by agreement between the person entitled
to the rentcharge and the owner of the land on the
one part and the acquiring authority on the other
part, and
(b) if not so settled, shall be referred to and determined
by the Lands Tribunal,
but if the remaining part of the land so charged is a sufficient
security for the rentcharge the person entitled to the rentcharge
may, with the consent of the owner of that part of the land,
release from the rentcharge the land required by the acquiring
authority on condition or in consideration of that part of the
land remaining exclusively subject to the whole of the
rentcharge.
(3) If the person entitled to a rentcharge on any of the land
subject to compulsory purchase, on payment or tender to him
of the compensation agreed or awarded, fails to execute in
favour of the acquiring authority a release of the rentcharge,
or if he fails to make out a good title to the rentcharge to the
satisfaction of the acquiring authority, it shall be lawful for
the acquiring authority to pay into court the amount of the
compensation.
When the acquiring authority have paid the compensation
into court, it shall be lawful for them to execute a deed poll
in the manner provided by section 9(3) of this Act, and on
execution of the deed poll the rentcharge, or the part of the
rentcharge in respect of which the compensation was paid,
shall be extinguished.
(4) If any of the land subject to compulsory purchase is so
released from a rentcharge, or part of a rentcharge, to which
it was subject jointly with other land, the last-mentioned land
shall alone be charged with the whole of the rentcharge, or,
as the case may be, with the remainder of the rentcharge,
and the person entitled to the rentcharge shall have all the
 Compulsory Purchase Act 1965 CH. 56 13

same rights and remedies over the last-mentioned land, for PART I
the whole, or as the case may be for the remainder, of the
rentcharge as he had previously over the whole of the land
subject to the rentcharge.
(5) If upon any rentcharge or part of a rentcharge being
so released the deed or instrument creating or transferring the
charge is tendered to the acquiring authority for the purpose,
the acquiring authority shall affix their common or official seal
to a memorandum of the release endorsed on the deed or
instrument declaring-
(a) what part of the land originally subject to the rent-
charge has been purchased by virtue of this Act, and
(b) if the land is released from part of the rentcharge,
what part of the rentcharge has been released and how
much of it continues payable, and
(c) if the land has been released from the whole of the
rentcharge, then that the remaining land is thence-
forward to remain exclusively charged with the rent-
charge,
and the memorandum shall be made and executed at the expense
of the acquiring authority and shall be evidence in all courts
and elsewhere of the facts therein stated, but not so as to
exclude any other evidence of the same facts.
(6) In this section " rentcharge ", in relation to any land,
includes any other payment or incumbrance charged on the land
not provided for in the foregoing provisions of this Act.

19.-(1) If part only of the land comprised in a lease for a Apportion-

of rent
term of years unexpired is required by the acquiring authority, meat
under leases.
the rent payable in respect of the land comprised in the lease
shall be apportioned between the land so required and the
residue of the land.
(2) The apportionment may be settled by agreement between
the lessor and lessee of the land on the one part, and the acquir-
ing authority on the other part, and if the apportionment is
not so settled by agreement between the parties, it shall be
settled by the Lands Tribunal.
(3) After the apportionment the lessee shall, as to all future
accruing rent, be liable only for so much of the rent as is appor-
tioned in respect of the land not required by the acquiring
authority.
(4) As respects the land not so required, and as against the
lessee, the lessor shall have all the same rights and remedies
for the recovery of the apportioned rent as, before the apportion-
ment, he had for the recovery of the whole rent reserved by
14 CH. 56 Compulsory Purchase Act 1965

PART I the lease ; and all the covenants, conditions and terms of the
lease, except as to the amount of rent to be paid, shall remain
in force with regard to the part of the land not so required
in the same manner as they would have done if that part
only of the land had been included in the lease.
(5) Every such lessee shall be entitled to receive from the
acquiring authority compensation for the damage done to him
in his tenancy by reason of the severance of the land required
by the acquiring authority from that not required, or otherwise
by reason of the execution of the works.

Tenants at 24.-(1) If any of the land subject to compulsory purchase

will, etc. is in the possession of a person having no greater interest in
the land than as tenant for a year or from year to year, and
if that person is required to give up possession of any land so
occupied by him before the expiration of his term or interest
in the land, he shall be entitled to compensation for the value
of his unexpired term or interest in the land, and for any just
allowance which ought to be made to him by an incoming
tenant, and for any loss or injury he may .sustain.
(2) If a part only of such land is required, he shall also
be entitled to compensation for the damage done to him in
his tenancy by severing the land held by him or otherwise
injuriously affecting it.
,(3) If the parties differ as to the amount of compensation
payable under the foregoing provisions of this section the dispute
shall be referred to and determined by the Lands Tribunal.
(4) On payment or tender of the amount of such compen-
sation all such persons shall respectively deliver up to the
acquiring authority, or to the person appointed by them to
take possession, any such land in their possession required by
the acquiring authority.
(5) If any person having a greater interest than as tenant
at will claims compensation in respect of any unexpired term
or interest under any lease or grant of the land subject to
compulsory purchase, the acquiring authority may require that
person to produce the lease or grant, or the best evidence thereof
in his power ; and if, after demand in writing by the acquiring
authority, the lease or grant, or that best evidence, is not
produced within twenty-one days, that person shall be considered
as a tenant holding only from year to year, and be entitled to
compensation accordingly.
1954 c. 56. (6) This section has effect subject to section 39 of the Land-
lord and Tenant Act 1954.
 Compulsory Purchase Act 1965 CH. 56 15

21.-(1) Schedule 4 to this Act (which relates to common PART I

land) shall apply for the purposes of this Act. Common
land.
(2) The said Schedule and the other provisions of this Act
relating to common land have effect-
(a) subject to the provisions of the Inclosure Act 1852, the 1852 c. 79.
Inclosure Act 1854 and the Commonable Rights COm- 1854 C. 97.
1882 c. 15.
pensation Act 1882 relating to the application of
compensation money, and
(b) subject to section 22 of the Commons Act 1899 (which 1899 c. 30.
restricts grants or inclosures of commons).

Supplemental
22.-(1) If after the acquiring authority have entered on any Interests
of the land subject to compulsory purchase it appears that omitted from
they have through mistake or inadvertence failed or omitted
purchase.

duly to purchase or to pay compensation for any estate, right

or interest in or charge affecting that land the acquiring autho-
rity shall remain in undisturbed possession of the land pro-
vided that within the time limited by this section-
(a) they purchase or pay compensation for the estate, right
or interest in or charge affecting the land, and
(b) they also pay to any person who may establish a right
to it, full compensation for the mesne profits,
and the compensation shall be agreed or awarded and paid
(whether to claimants or into court) in the manner in which,
under this Act, it would have been agreed or awarded and paid
if the acquiring authority had purchased the estate, right, interest
or charge before entering on the land, or as near to that manner
as circumstances admit.
(2) The foregoing subsection shall apply whether or not the
period specified in section 4 of this Act has expired.
(3) The time limited by this section shall be six months
after the acquiring authority have notice of the estate, right,
interest or charge or, if it is disputed by the acquiring authority,
six months after the right to the estate, right, interest or charge
is finally established by law in favour of the claimant.
(4) In assessing compensation under this section the value of
the land, and of any estate or interest in the land, or any
mesne profits of the land, shall be taken to be the value at the
time when the acquiring authority entered on the land, and
without regard to any improvements or works made in or upon
the land by the acquiring authority, and as though the works
had not been constructed.
(5) In this section the "mesne profits " means the mesne
profits or interest which would have accrued to the persons
16 CH. 56 Compulsory Purchase Act 1965

PART I concerned during the interval between the entry of the acquiring
authority and the time when the compensation is paid, so far
as such mesne profits or interest may be recoverable in any
proceedings.

Costs of 23.-(1) The costs of all conveyances of the land subject to

conveyances compulsory purchase shall be borne by the acquiring authority.
etc.
(2) The costs shall include all charges and expenses, whether
incurred on the part of the seller or on the part of the
purchaser,-
(a) of all conveyances and assurances of any of the land,
and of any outstanding terms or interests in the land,
and
(b) of deducing, evidencing and verifying the title to the
land, terms or interests, and
(c) of making out and furnishing such abstracts and attested
copies as the acquiring authority may require,
and all other reasonable expenses incident to the investigation,
deduction and verification of the title.
(3) If the acquiring authority and the person entitled to any
such costs do not agree as to the amount of the costs, the
costs shall be taxed by a Master of the Supreme Court on an
order of the court obtained by either of the parties.
(4) The acquiring authority shall pay what the Master cer-
tifies to be due in respect of the costs to the person entitled
and, in default, that amount may be recovered in the same way
as any other costs payable under an order of the Supreme
Court.
(5) The expense of taxing the costs shall be borne by the
acquiring authority unless on the taxation one-sixth of the
amount of the costs is disallowed, and in that case the costs
of the taxation shall be borne by the party whose costs have
been taxed ; and the amount thereof shall be ascertained by
the Master and deducted by him accordingly in his certificate
of taxation.
(6) Conveyances of the land subject to compulsory purchase
may be according to the forms in Schedule 5 to this Act,
or as near thereto as the circumstances of the case will admit,
or by deed in any other form which the acquiring authority
may think fit.
All conveyances made according to the forms in the said
Schedule, or as near thereto as the circumstances of the case
may admit, shall be effectual to vest the land thereby con-
veyed in the acquiring authority and shall operate to bar and
 Compulsory Purchase Act 1965 CH, 56 17

to destroy all estates, rights, titles, remainders, reversions, PART I

limitations, trusts and interests whatsoever of and in the land
comprised in the conveyance which have been purchased or
compensated for by the consideration mentioned in the
conveyance.

24.-(1) It shall be lawful for- Power to

sell in
(a) a Pte'son havingg an estate in fee simple in the land, or consideration
entitled to dispose absolutely for his own benefit of of a rent-
the land, or charge.
(b) a person who would have no power to sell or convey
but for the provisions of Schedule 1 to this Act,
to sell and convey any of the land subject to compulsory
purchase to the acquiring authority in consideration of an annual
rentcharge payable by the acquiring authority.
(2) The annual rent so payable shall be secured in such
manner as may be agreed between the parties, and shall be
payable by the acquiring authority as the rent becomes due.
(3) If at any time any such rent is not paid within thirty
days after it becomes due, and after demand in writing, the
person to whom the rent is payable may either recover it from
the acquiring authority by proceedings in the High Court
or he may levy it by distress and sale of the goods and
chattels of the acquiring authority.
Where distress is so levied, any balance remaining after satis-
fying the amount due, and the expenses of the distress and sale,
shall be returned, on demand, to the acquiring authority.
(4) On a sale under subsection (1) (b) of this section paragraph
5 of Schedule 1 to this Act shall apply.
(5) If the acquiring authority are empowered by any Act
relating to the undertaking and passed after 20th August 1860
(the date of passing of the Lands Clauses Consolidation Acts 1860 c. 106.
Amendment Act 1860) to borrow money to an amount not
exceeding a prescribed sum, then in the event of the acquiring
authority agreeing with any person under the powers of this
Act for the purchase of any land in consideration of a pay-
ment of a rentcharge, the powers of the acquiring authority
for borrowing money shall be reduced by an amount equal to
twenty years purchase of any rent charged for the time being
payable.
(6) The provisions of this section are without prejudice to
section 39(2) of the Settled Land Act 1925 or any other enact- 1925 c. 184
ment under which a sale may be made in consideration of a
rentcharge.
18 CH. 56 Coinpulsory Purchase Act 1965

PART I 25.-(1) References in this Act to payment of money into

Payment court are references to payment of the money into the Supreme
into court. Court and section 4 of the Administration of Justice Act 1965
1965 c. 2. (which prescribes the method of payment into court) shall
apply accordingly.
(2) Where any money paid into court under this Act was
paid in respect of any lease, or any estate in land less than
the whole fee simple, or of any reversion dependent on any
such lease or estate, the High Court on the application of any
person interested in the money may order that the money
shall be laid out, invested, accumulated and paid in such
manner as the court may consider will give to the persons
interested in the money the same benefit as they might lawfully
have had from the lease, estate or reversion or as near thereto
as may be.
(3) If any question arises respecting the title to land in respect
of which money has been paid into court under this Act, the
persons respectively in possession of the land, as being the
owners, or in receipt of the rents of the land, as being entitled
to the rents at the time when the land was purchased, shall be
deemed to have been lawfully entitled to the land until the
contrary is shown to the satisfaction of the court ; and unless
the contrary is shown to the satisfaction of the court the persons
so in possession, and all persons claiming under them, or con-
sistently with their possession, shall be deemed to be entitled
to the money so paid into court, and to the interest and
dividends of it or of the securities purchased therewith ; and
the money, dividends, interest and annual proceeds shall be
paid and applied accordingly.
(4) Before Schedule 1 to the Administration of Justice Act
1965 comes into force, subsection (1) of this section shall not
apply, but any money to be paid into court under this Act
shall be paid into the Bank of England in the name of the
Accountant General of the Supreme Court and placed to his
account and when deposited shall be subject to the control
and disposition of the High Court.

Costs in 26.-(1) This section shall apply in relation to any compen-

respect of sation paid into court under this Act except where it was
money so paid in consequence-
paid into
court. (a) of the wilful refusal of the person entitled to accept it,
or
(b) of the wilful refusal of that person to convey the land
in respect of which the compensation was payable, or
(c) of the wilful neglect of any person to make out a good
title to the land.
 Compulsory Purchase Act 1965 CH. 56 19

(2) Where this section applies the High Court may order the PART I
acquiring authority to pay-
(a) the costs of, or incurred in consequence of, the pur-
chase of the land, and
(b) the cost of the investment of the compensation paid
into court, or of its reinvestment in the purchase of
other land.
(3) References in this section to costs include references to all
reasonable charges and expenses incidental to the matters men-
tioned in this section and to-
(a) the cost of obtaining the proper orders for any of the
purposes set out above,
(b) the cost of obtaining the orders for the payment of divi-
dends out of the compensation,
(c) the cost of obtaining the orders for the payment out of
court of the principal amount of the compensation,
or of any securities in which it is invested, and
(d) the cost of all proceedings relating to such orders, except
such as are occasioned by litigation between adverse
claimants.
(4) The costs of not more than one application for reinvest-
ment in land shall be allowed unless it appears to the High
Court that it is for the benefit of the parties interested in the
compensation that it should be invested in the purchase of land
in different sums and at different times.
27.-(1) This section shall not apply- Acquiring
authority to
(a) in any
Y case in which the compulsory purchase order so make good
provides ; or deficiencies
(b) where this Part of this Act applies to an acquisition of in rates.
land under the Housing Act 1957. 1957 c. 56.

(2) When the acquiring authority becomes possessed by virtue

of this Act of any land which is liable to be assessed to rates,
they shall from time to time, until the works are completed and
assessed to rates, be liable to make good the deficiency in the
several assessments for rates by reason of the land having been
taken or used for the purposes of the works.
(3) Subject to the next following subsection, the deficiency
shall be computed according to the rental at which the land,
with any building thereon, was valued or rated at the time when
the compulsory purchase order became operative.
(4) If the land is situated in a rating area which is a county
borough, non-county borough or urban district or a rating area
in Greater London, the amount required to be made good by
the acquiring authority shall be one half of the deficiency in the
several assessments to rates.
20 CH. 56 Compulsory Purchase Act 1965

PART I (5) The assessment on which any payment made by the

acquiring authority under this section is based shall be inserted
in the valuation list and any such payments shall be taken into
account for the purpose of ascertaining the proceeds of any
rate.
(6) The acquiring authority shall on demand pay all such
deficiencies to the collector.
(7) In this section " rate " means the general rate and, in
relation to the City of London includes a reference to a poor
rate and, in relation to the Temples, shall be construed as a
reference to any rate in the nature of a general rate levied for
the Inner Temple or the Middle Temple, as the case may be.
General 28.-(1) Any deed poll executed by the acquiring authority
provisions as in accordance with this Act shall be under their common seal
to deeds poll,
or official seal.
(2) Any such deed poll shall be stamped with the stamp duty
which would have been payable upon a conveyance to the
acquiring authority of the land described therein, or otherwise
duly stamped.
(3) The provisions of this Act as to the execution of deeds
1925 c. 20. poll have effect subject to section 7(4) of the Law of Property
Act 1925 (under which any such power of disposing of a legal
estate exercisable by a person who is not the estate owner is,
when practicable, to be exercised in the name and on behalf of
the estate owner).
Irregularities 29.-(1) No distress levied under this Act shall be deemed
in proceedings unlawful, nor shall the person making the distress be deemed
under the
Act.
a trespasser on account of any defect or want of form in the
warrant of distress or other proceedings relating to the distress ;
and the person making the distress shall not be deemed a
trespasser ab initio on account of any irregularity afterwards
committed by him so, however, that any person aggrieved by
any defect or irregularity may recover full satisfaction for the
special damage in civil proceedings.
(2) If any person has committed any irregularity, trespass
or other wrongful proceeding in the execution of this Act, or
by virtue of any power or authority thereby given, and if,
before proceedings are brought in respect of the wrongful pro-
ceeding, that person makes tender of sufficient amends to the
party injured, the party injured shall not be entitled to recover
anything in those proceedings.
Service of 30.-(1) Notices required to be served by the acquiring
notices. authority on any person interested in or entitled to sell any
of the land-
(a) shall be served personally, or left at his last usual
place of abode, or
 Compulsory Purchase Act 1965 CH. 56 21

(b) if heis absent from the United Kingdom or cannot be PART I

found after diligent inquiry has been made, may be
left with the occupier of the land or, if there is no
occupier, shall be affixed upon some conspicuous part
of the land.
(2) If any such person is a body corporate the notice shall
be left at the principal office of the body corporate or, if no
office can after diligent inquiry be found, shall be served on
some principal member of the body corporate, and such notice
shall also be left with the occupier of the land or, if there
is no occupier, shall be affixed upon some conspicuous part
of the land.
(3) Paragraph 19 of Schedule 1 to the Act of 1946 shall apply
to the service of notices under section 11(1) of this Act and,
notwithstanding anything in subsection (1) of this section, notices
required to be served by the acquiring authority under any other
provision of this Act may be served and addressed in the manner
specified in that paragraph.
(4) A summons or notice, or writ or other legal proceeding,
required to be served on the acquiring authority may be served
by being left at, or sent by post addressed to, the principal
office, or any of the principal offices, of the acquiring authority.
31. Any sums agreed or awarded for the purchase of land Ecclesiastical
being ecclesiastical property as defined in paragraph 3 of property.
Schedule 1 to the Act of 1946, or to be paid by way of com-
pensation for damage sustained by reason of severance or injury
affecting such land, shall not be paid as directed by the other
provisions of this Act, but shall be paid to the Church Com-
missioners to be applied for the purposes for which the proceeds
of a sale by agreement of the land would be applicable under
any enactment or Measure authorising such a sale or disposing
of the proceeds of such a sale.
32. This Part of this Act shall not apply in relation to a Commence-
compulsory purchase order confirmed under Part I of Schedule 1 ment of Part I.
to the Act of 1946, or made under Part II of that Schedule,
before the commencement of this Act.

PART II
APPLICATION OF PART I IN OTHER CASES AND
SUPPLEMENTAL PROVISIONS

33.-(1) Subject to this section Part I of this Act shall apply- Compulsory
oudehase
(a) in relation to an order authorising the compulsory orders under
purchase of land and made under section 9 or section water Acts
23 of the Water Act 1945, and 1945 and
1948.
1945 c. 42
22 CH. 56 Compulsory Purchase Act 1965

PART II in relation to a compulsory purchase order made and

(b)
confirmed under section 24(4) of that Act (that is,
where a compulsory purchase under that subsection
is not by a local authority and is not effected under
the Act of 1946),
as it applies in relation to a compulsory purchase order under
the Act of 1946, and in the said Part I as so applied the
" special Act " means the said Act of 1945 together with the
order.
(2) In the case of an order under section 9 or section 23
of the Water Act 1945,-
(a) Part I of this Act shall apply subject to such exceptions
and modifications, if any, as may be specified in the
order, and
(b) where the statutory water undertakers are not a local
authority within the meaning of the Act of 1946, or
a development corporation established under section 2
1965 c. 59. of the New Towns Act 1965, section 80) and section
11(1) of this Act shall not apply but no person shall
at any time be required in pursuance of the order
to sell or convey to the acquiring authority part only
of any house or other building or manufactory if that
person is willing and able to sell and convey the whole.
1945 c. 42. (3) If the order is made under section 24 of the Water Act
1945-
(a) section 8 (1) of this Act shall not apply to the order
but no person shall at any time be required in pur-
suance of the order to sell or convey to the acquiring
authority a part only of any house or other building
or manufactory, if that person is willing and able to
sell and convey the whole,
(b) sections 11(1) and 30(3) of this Act shall not apply,
(c) section 27 of this Act shall apply as if subsection (1)
of that section were omitted,
(d) in section 31 of this Act for the definition of " eccle-
siastical property " there shall be substituted a refer-
ence to glebe land or other land belonging to an
ecclesiastical benefice.
(4) If, in the case of an order under any of the said pro-
visions of the Water Act 1945, the acquiring authority are
not a local authority within the meaning of the Act of 1946 or
a development corporation established under section 2 of the
New Towns Act 1965, and the undertaking is intended to be
carried into effect by means of capital to be subscribed by the
acquiring authority, the whole of the capital or estimated sum
for defraying the expenses of the undertaking shall be subscribed
 Compulsory Purchase Act 1965 CH. 56 23

under contract binding the subscribers to pay the sums PART II

respectively subscribed by them before the acquiring authority
exercises any of the powers conferred by this Act in relation
to the compulsory taking of land for the purposes of the under-
taking.
A certificate signed by two justices certifying that the whole
of the prescribed sum has been subscribed shall be sufficient
evidence thereof and on the application of the acquiring autho-
rity, and the production of such evidence as the justices think
proper and sufficient, the justices shall grant certificates
accordingly.
Section 1 of this Act applies for the interpretation of this
subsection.
(5) Part I of this Act as applied by this section shall not
apply in relation to an order made under section 9 or section
23 of the Water Act 1945, or an order confirmed under section 1945 c. 42.
24 of that Act, before the commencement of this Act.

34.-(1) Subject to this section Part I of this Act shall apply compulsory
in relation to a compulsory purchase order under Part III of purchase
the Housing Act 1957 (clearance and redevelopment) as it orders under
III of
Part
applies in relation to a compulsory purchase order under the Housing Act
Act of 1946, and in the said Part I as so applied the " specia11957.
Act " means the Housing Act 1957, together with the order. 1957 c. 56.
(2) Section 8(1) of this Act shall not apply to any such order,
but no person shall at any time be required to sell or convey
to the acquiring authority a part only of any house or any
building or manufactory if that person is willing and able to
sell and convey the whole :
Provided that in the case of an order under section 43 or
section 51 of the Housing Act 1957, the Lands Tribunal may
determine that such part of any house, building or manufac-
tory as is proposed to be taken by the acquiring authority can
be taken without material damage to the house, building or
manufactory and, if they so determine, may award compen-
sation in respect of the severance of the part so proposed to
be taken in addition to the value of that part.
Where they so determine, the party interested shall be
required to sell and convey to the acquiring authority that
part of the house, building or manufactory.
(3) In section 11(1) of this Act as applied by this section for
the reference to service of notice on the owner, lessee and
occupier of the land there shall be substituted a reference to
the service of notice on the owner (as defined in the Housing
Act 1957) and occupier of the land.
24 CH. 56 Compulsory Purchase Act 1965

PART II (4) Where any land to which the compulsory purchase order
relates is glebe land or any other land belonging to an ecclesias-
tical benefice the compulsory purchase order shall provide that
sums agreed or awarded for the purchase of the land, or to
be paid by way of compensation for damage to be sustained
by the owner by reason of severance or injury affecting the
land, shall not be paid as directed, by this Act, but shall be
paid to the Church Commissioners to be applied by them as
money paid to them upon a sale, under the provisions of the
Ecclesiastical Leasing Acts, of land belonging to a benefice.
This subsection shall have effect in substitution for section 31
of this Act.
(5) All notices required to be served by the acquiring authority
may, notwithstanding anything in section 30(1) of this Act, be
served and addressed in the manner prescribed by paragraph 2(2)
1957 c. 56. of Schedule 3 to the Housing Act 1957 or by section 169 of that
Act in relation to notices required to be served by or under that
Act ; and section 30(3) of this Act shall not apply.
(6) Part I of this Act as applied by this section shall not
apply in relation to an order confirmed before the commence-
ment of this Act.

Purchase 35.-(1) In section 59(2) of the Housing Act 1964 for the
notice under words " under the Lands Clauses Acts " there shall be sub-
Part III of
Housing Act stituted the words " by a compulsory purchase order in relation
1964. to which Part I of the Compulsory Purchase Act 1965 applies ".
1964 c. 56.
(2) This section shall have effect as respects notices served
under the said section 59 after the commencement of this Act.

Orders relating 36.-(l) Subject to this section Part I of this Act shall apply
to acquisition in relation to the acquisition of any land, interest or right in
of land under the exercise of a power conferred by an order under section 67
s. 67 of
Resources of the Water Resources Act 1963 as it applies in relation to a
Act 1963. compulsory purchase order under the Act of 1946, and as if
1963 c. 38. the order were a compulsory purchase order made in accordance
with the provisions of Schedule 1 to the Act of 1946.
(2) As so applied, Part I of this Act shall have effect subject
to such exceptions and modifications (if any) as may be specified
in the order, and subject also to the provisions (where applic-
able) of section 132 of, and of paragraphs 13 and 14 of Schedule
8 to, the said Act of 1963.

(3) Part I of this Act as applied by this section shall not apply
in relation to an order made under the said section 67 before the
commencement of this Act.
 Compulsory Purchase Act 1965 CH. 56 25

37.-(1) Subject to this section Part I of this Act shall apply PART II
in relation to a compulsory purchase order under section 11 Compulsory
of the Pipe-lines Act 1962 as it applies in relation to a com- purchase under
PAct
pulsory purchase order under the Act of 1946, and in the said orders
Part I as so applied the " special Act " means the Pipe-lines
1962, together with the order.
s. 11 of
Pipe-lines
Act 1962.
(2) Subsections (1) and (2) of section 11, section 30(3) and 1962 c. 58.
section 31 of this Act shall not apply, and section 27 shall apply
as if subsection (1) of that section were omitted.
(3) Sections 127 to 132 of the Lands Clauses Consolidation 1845 c. 18.
Act 1845 (sale of superfluous land) shall apply in relation to
land acquired in pursuance of a compulsory purchase order
under section 11 of the Pipe-lines Act 1962, and in construing
those sections as so applied-
(a) the said Act of 1962 and the compulsory purchase order
shall be deemed to be the special Act,
(b) references to the promoters of the undertaking shall be
construed as references to the person authorised by
the compulsory purchase order to purchase
the land comprised therein.
(4) Part I of this Act as applied by this section shall not
apply in relation to an order made before the commencement
of this Act.
38.-(1) The enactments mentioned in Schedule 6 to this Application to
Act (which apply the Lands Clauses Acts to certain of the enactments
powers of acquiring land by agreement possessed by authorities authorising
having power to acquire land compulsorily under the Act of by
1946, or any of the enactments mentioned in the foregoing agreement.
ofland
provisions of this Part of this Act) shall have effect subject
to the amendments set out in that Schedule (which translate
references to provisions of the Land Clauses Acts relating to
the acquisition of land by agreement into references to cor-
responding provisions of Part I of this Act).
(2) Nothing in the provisions of Part I of this Act as applied
by Schedule 6 to this Act, or in the enactments mentioned in
that Schedule, shall enable a local authority to sell for the pur-
poses of those enactments without the consent of the Minister
of Housing and Local Government or of any other Minister any
land which they could not have sold without that consent apart
from the provisions of this section.
(3) In Part I of this Act as applied to the purchase of land
by agreement under any of the enactments mentioned in
Schedule 6 to this Act-
(a) " the acquiring authority " means a person authorised
to purchase land by that enactment,
(b) " the special Act " means the enactment,
26 CH. 56 Compulsory Purchase Act 1965

PART II in section 27 subsection (1) shall be omitted,

(c)
and for references to land subject to compulsory purchase there
shall be substituted references to land which may be purchased
by agreement under the enactment.
(4) This section shall not have effect as respects any purchase
of land completed before the commencement of this Act.
Consequential 39.-(1) Any enactment or document referring to an enact-
amendments ment repealed and re-enacted by this Act shall be construed as
and repeals.
referring to the corresponding enactment in this Act.
(2) Without prejudice to the generality of subsection (1) of
this section, any reference in any enactment or document to the
Lands Clauses Acts, or to any provision of the Lands Clauses
Acts, which is, or includes, a reference to the Lands Clauses
Acts, or that provision of the Lands Clauses Acts, as
incorporated by the Act of 1946, or by any of the Acts
mentioned in sections 33 to 37 of this Act or Schedule 6 to this
Act, shall, unless the contrary intention appears, be construed
as references to the corresponding provisions in Part I of this
Act.
(3) Without prejudice to the last foregoing subsection,
references to provisions of the Lands Clauses Acts in the enact-
ments mentioned in Schedule 7 to this Act shall be amended in
accordance with that Schedule.
(4) The enactments mentioned in Schedule 8 to this Act, of
which those in Part II and Part III of that Schedule are spent
1949 c. 42. or are superseded by the provisions of the Lands Tribunal Act
1961 c. 33. 1949 and the Land Compensation Act 1961, shall be repealed
to the extent specified in the third column of that Schedule,
but subject to the respective provisions at the end of each Part
of that Schedule.
(5) The mention of particular matters in this section shall
not be taken to affect the general application to this Act of
1889 c. 63. section 38 of the Interpretation Act 1889 (which relates to
the effect of repeals).
Short title, 40-0) This Act may be cited as the Compulsory Purchase
commence- Act 1965.
ment and
extent. (2) Except as otherwise expressly provided, this Act shall
come into force on 1st January 1966.
(3) This Act shall not extend to Scotland or Northern Ireland.
 Compulsory Purchase Act 1965 CH.. 56 27

SCHEDULES
SCHEDULE 1 Sections 2 and 3.
PERSONS WITHOUT POWER TO SELL THEIR INTERESTS
Preliminary
1.-(1) The provisions of this Schedule have effect subject to
section 42(7) of the Law of Property Act 1925 (which provides that 1925 c. 20.
if on a compulsory purchase title could have been made without
payment into court, title shall be made in that way unless the
purchaser otherwise elects).
(2) The provisions of this Schedule-
(a) have effect as if references to disabilities did not include
references to disabilities of infants, married women or
lunatics or defectives, and
(b) do not have effect in relation to patients and to persons as
to whom powers are exercisable and have been exercised
under section 104 of the Mental Health Act 1959. 1959 c. 72.

Power to sell and convey to the acquiring authority

2.-(1) It shall be lawful for all persons who are seised or
possessed of or entitled to any of the land subject to compulsory
purchase, or any estate or interest in any of that land, to sell and
convey or release it to the acquiring authority, and to enter into all
necessary agreements for the purpose.
(2) Subject to paragraph 1 of this Schedule, the foregoing sub-
paragraph applies in particular-
(a) to corporations,
(b) to tenants in tail or for life,
(c) to trustees for charitable or other purposes, and
(d) to persons for the time being entitled to the receipt of the
rents and profits of any of the land (whether in possession
or subject to any lease for years or any less interest).
(3) Subject to paragraph 1 of this Schedule, the powers conferred
by this paragraph on any person, other than a lessee for a term of
years, or for any less interest, may be exercised not only on behalf
of himself and his successors, but also for and on behalf of every
person entitled in reversion, remainder or expectancy after him, or
in defeasance of his estate.
(4) Trustees for a cestui que trust under any disability may
exercise the powers conferred by this paragraph on behalf of that
cestui que trust to the same extent that the cestui que trust could
have exercised those powers if he had not been under any disability.
Additional powers of entering into transactions with
acquiring authority
3. The following powers, that is-
(a) any power conferred on a lord of the manor by Schedule
4 to this Act, and
28 CH. 56 Compulsory Purchase Act 1965

SCH. i (b) any power of releasing land from any rent, charge or in-
cumbrance, or of agreeing to the apportionment of any
rent, charge or incumbrance under sections 14 to 20 of
this Act,
may lawfully be exercised by any person enabled under the last
foregoing paragraph to sell and convey or release land to the
acquiring authority.

Valuation on purchase by agreement

4.-(1) Subject to this paragraph, the compensation to be paid
for any land to be purchased from a person under any disability or
incapacity who has no power to sell or convey the land except under
this Schedule, or for any permanent damage or injury to any such
land, shall be determined by the valuation of two surveyors, one of
whom shall be nominated by the acquiring authority, and the other
by the other party.
(2) If the two surveyors cannot agree on a valuation, two justices
of the peace may, on the application of either party, and after
notice to the other party, nominate a third surveyor to make the
valuation instead of the two other surveyors.
(3) Each of the two surveyors or, as the case may be, the third
surveyor shall annex to any valuation made by him a declaration
in writing signed by him of the correctness of the valuation.
(4) No valuation need be made under this paragraph if the com-
pensation has been determined by, or by a member of, the Lands
Tribunal in pursuance of the provisions of this Act or under para-
graph 1 of Schedule 2 to this Act.
(5) In this paragraph " surveyor " means an able practical
surveyor.
Sale in consideration of rentcharge
5.-(1) On a sale under section 24(1)(b) of this Act the amount
of the rentcharge shall be settled in accordance with the last
foregoing paragraph, but subject to the following provisions of this
paragraph.
(2) The amount of the rentcharge shall not be less than five-
fourths of the average net annual rent received by the persons
beneficially interested in the land in question in the last seven
years.
(3) A charge of five per cent. on the gross amount of any com-
pensation estimated or fixed under this Act by way of compensation
for any damage that may be done to the land shall be added to and
form part of the rentcharge.
(4) No fine or premium, or consideration in the nature of a fine
or premium, shall be paid or taken in respect of the land sold or
damaged, other than the rentcharge.
(5) The rentcharge shall remain on the same trusts and for the
same purposes as those on and for which the rents and profits of
the land stood settled or assured at or immediately before the
conveyance of the land.
 Compulsory Purchase Act 1965 CH. 56 29

Application of compensation payable in respect of interest of Scx. I

person under disability
6.-(l) This paragraph applies to the compensation in respect of
any land or interest in land purchased by the acquiring authority
from a person who has no power to sell or convey it except under
this Schedule, and compensation in respect of any permanent
damage to any such land.
(2) Subject to this Schedule the compensation shall be paid into
court and shall remain until applied to one or more of the following
purposes on an order of the High Court, that is-
(a) in the discharge of any debt or incumbrance affecting the
land, or affecting other land settled therewith on the same
or the like trusts or purposes, or
(b) in the purchase of other land to be conveyed, limited and
settled upon like trusts and purposes, and in the same
manner, as the land stood settled in respect of which the
compensation was paid, or
(c) if the compensation was paid in respect of any buildings
taken or injured by the proximity of the works, in remov-
ing or replacing the,buildings, or substituting other build-
ings, in such manner as the High Court may direct, or
(d) in payment to any party becoming absolutely entitled to
the compensation.
(3) If, before compensation is applied under sub-paragraph (2)
of this paragraph, it is dealt with under section 6 of the Administra- 1965 c. 2.
tion of Justice Act 1965, the annual proceeds thereof shall be paid to
the person who would for the time being have been entitled to
the rents and profits of the land in respect of which the com-
pensation was paid.
(4) An order of the High Court under this paragraph may be
made on the application of the person who would have been
entitled to the rents and profits of the land in respect of which the
compensation is paid.
(5) Before Schedule 1 to the Administration of Justice Act 1965
comes into force, compensation which has not been applied under
sub-paragraph (2) of this paragraph may, on the order of the High
Court, be invested in accordance with rules of court, and the
interest, dividends and annual proceeds of the investment shall be
paid to the person mentioned in sub-paragraph (3) of this paragraph.

Alternative method of disposing of compensation between

£200 and £20
7.-(1) If the amount of the compensation exceeds twenty pounds
but does not exceed two hundred pounds, it may, with the approval
of the acquiring authority, instead of being paid into court
under the last foregoing paragraph, be paid to two trustees
approved by the acquiring authority and nominated by the person
entitled to the rents or profits of the land in respect of which the
compensation is paid by a nomination in writing signed by him.
30 CH. 56 Compulsory Purchase Act 1965

Sca. 1 (2) The compensation paid to the trustees, and the income
arising from it, shall be applied by the trustees in accordance with
the last foregoing paragraph, except that it shall not be necessary
to obtain any order of the High Court for that purpose, and the
compensation until so applied may be invested in government or
real securities.
Compensation not exceeding £20
8. If
the compensation does not exceed twenty pounds, it shall
be paid to the person entitled to the rents and profits of the land
in respect of which it is payable, for his own use and benefit.

Sums payable under contract with persons not

absolutely entitled
9.-(1) All sums of money exceeding twenty pounds payable by
the acquiring authority in respect of the taking, using or inter-
fering with any land under a contract or agreement with any person
who is not entitled to dispose of the land absolutely for his own
benefit shall be paid into court or to trustees in accordance with
paragraphs 6 and 7 of this Schedule, and it shall not be lawful for
any such person to retain to his own use-
(a) any part of any sums agreed or contracted to be paid for
or in respect to the taking, using or interfering with any
of the land, or
(b) any part of the sums agreed or contracted to be paid in
lieu of bridges, tunnels or other accommodation works.
(2) All such money shall be deemed to have been contracted to
be paid for and on account of the several parties interested in the
land, whether in possession or in remainder, reversion or
expectancy.
(3) Notwithstanding the last foregoing sub-paragraph, the High
Court or, as the case may be, the trustees under paragraph 7 of
this Schedule may if they think fit allot to any tenant for life, or
to a tenant for any other partial or qualified estate, for his own
use, a part of the sums of money paid into court or to trustees
under this Schedule as compensation for any injury, inconvenience
or annoyance which he may have sustained independently of the
actual value of the land, and of the damage occasioned to the land
held therewith, by reason of the taking of the land and the
execution of the works.
Conveyance of the land or interest
10.-(1) When the compensation agreed or awarded in respect
of the land has been paid into court under the foregoing provisions
of this Schedule, the owner of the land (including all parties who are
by this Schedule enabled to sell or convey the land) shall, when
required to do so by the acquiring authority, duly convey the land
or interest to the acquiring authority, or as they direct.
(2) If there is a failure to comply with the foregoing sub-
paragraph, or a failure to adduce a good title to the land to the
satisfaction of the acquiring authority, it shall be lawful for the
acquiring authority to execute a deed poll containing a description
 Compulsory Purchase Act 1965 CH. 56 31

of the land, and reciting its acquisition by the acquiring authority, SCH. 1
the names of the parties from whom it was purchased, the amount
of compensation paid into court and the default.
(3) On execution of the deed poll all the estate and interest in
the land belonging to, or capable of being sold and conveyed
by. any person as between whom and the acquiring authority the
compensation was agreed or awarded and paid into court shall vest
absolutely in the acquiring authority, and as against all such persons
and all parties on behalf of whom they are enabled by this Schedule
to sell and convey, the acquiring authority shall be entitled to
immediate possession of the land.

SCHEDULE 2 Section 5.
ABSENT AND UNTRACED OWNERS
1.-(l) The compensation to be paid for any land subject to
compulsory purchase to be purchased by the acquiring authority-
(a) from a person who is prevented from treating with them
on account of absence from the United Kingdom, or
(b) from a person who cannot be found after diligent inquiry
has been made,
and the compensation to be paid for any permanent injury to any
such land, shall be determined by the valuation of a surveyor
selected from the members of the Lands Tribunal in accordance with
section 3 of the Lands Tribunal Act 1949. 1949 c. 42.
(2) The surveyor shall before making the valuation make and
sign a declaration in the following form in the presence of a
justice of the peace,-
" I A.E. do solemnly and sincerely declare that I will
faithfully, impartially and honestly, according to the best of
my skill and ability, execute the duty of making the valuation
hereby referred to me.
Made and signed in the presence of ...... ........................ ..
If a surveyor makes the declaration corruptly or, after having
made the declaration, wilfully acts contrary to the declaration, he
shall be guilty of a misdemeanour.
(3) The surveyor shall annex to the valuation made by him a
declaration in writing, signed by him, of the correctness of the
valuation, and the acquiring authority shall preserve the valuation
and declaration together and produce them, on demand, to the
owner of the land to which the valuation relates, and to all other
persons interested in the land.
(4) All the expenses of and incident to the valuation shall be
borne by the acquiring authority.
2.-(1) The acquiring authority may pay into court the compen-
sation determined under this Schedule to be placed to the credit of
the parties interested in the land, giving their descriptions so far as
the acquiring authority is in a position to do so.
 32 CH. 56 Compulsory Purchase Act 1965

SCH. 2 (2) When the acquiring authority have paid into court the com-
pensation, it shall be lawful for them to execute a deed poll contain-
ing a description of the land in respect of which the payment into
court was made, and declaring the circumstances under which, and
the names of the parties to whose credit, the payment into court
was made.
(3) On execution of the deed poll all the estate and interest in
the land of the parties for whose use and in respect whereof the
compensation was paid into court shall vest absolutely in the
acquiring authority, and as against those persons the acquiring
authority shall be entitled to immediate possession of the land.
3.-(1) On the application of any person claiming any part of
the money paid into court, or of the land or any interest in the
land in respect of which it was paid into court, the High Court
may order its distribution according to the respective estates, titles
or interests of the claimants, and if, before the money is dis-
1965 c. 2. tributed, it is dealt with under section 6 of the Administration of
Justice Act 1965 payment likewise of the dividends thereof, and
may make such other order as the court thinks fit.
(2) Before Schedule 1 to the Administration of Justice Act 1965
comes into force, orders of the High Court under the foregoing
sub-paragraph may include an order for the money to be invested
in accordance with rules of court and an order for payment
of the dividends on the money.
4.-(1) If the person mentioned in paragraph 1(1) of this Schedule
is dissatisfied with the surveyor's valuation he may, before applying
under paragraph 3 of this Schedule to the High Court for pay-
ment or investment of the compensation paid into court, by notice in
writing to the acquiring authority require the submission to the
Lands Tribunal of the question whether the compensation paid into
court was sufficient, or whether any and what further sum ought to
be paid over or paid into court.
(2) If the Lands Tribunal award a further sum, the acquiring
authority shall pay over or pay into court as the case may require
that further sum within fourteen days of the making of the award,
and if they make default, that further sum may be recovered in
proceedings in the High Court.
(3) If the Lands Tribunal determine that the compensation paid
into court was sufficient, the costs of and incident to the proceedings
before the Lands Tribunal shall, in accordance with section 3(5) of
1949 c. 42. the Lands Tribunal Act 1949, be in the discretion of that Tribunal,
but if the Lands Tribunal determine that a further sum ought to
be paid, all the costs of and incident to the proceedings shall be
borne by the acquiring authority.
Section 11. SCHEDULE 3
ALTERNATIVE PROCEDURE FOR OBTAINING RIGHT OF ENTRY
1. Before entering on any of the land the acquiring authority
shall comply with the requirements of paragraphs 2 and 3 of this
Schedule as respects each person interested in or entitled to sell
and convey the land who has not given his consent to the entry
(hereinafter referred to as " the owner ").
 Compulsory Purchase Act 1965 CH. 56 33,

2.-(1) The acquiring authority shall pay into court by way ScH. 3
of security-
(a) the amount of compensation claimed by the owner, or
(b) a sum equal to the value of his interest as determined by
a surveyor appointed in accordance with the following sub-
paragraph.
(2) The surveyor shall be an able practical surveyor appointed
by two justices of the peace acting together by an instrument in
writing signed by them.
3.-(1) The acquiring authority shall also give or tender to the
owner a bond in a penal sum equal to the sum to be paid into court
under paragraph 2 of this Schedule, conditioned for payment to the
owner, or, as the case may be, for payment into court in accordance
with this Act, of all the compensation which may be agreed or
awarded, together with interest thereon at the rate prescribed under
section 32 of the Land Compensation Act 1961 from the time of 1961 c. 33.
entry until the compensation is paid over, or paid into court, in
accordance with this Act.
(2) The bond shall, where the acquiring authority are a corpora-
tion, be under their common seal or official seal.
(3) The bond shall be with two sufficient sureties, and, if the
acquiring authority and the owner do not agree, the sureties shall
be approved by two justices of the peace acting together.
4.-(1) Money paid into court under paragraph 2 of this Schedule
shall remain in court by way of security to him for the performance
of the condition of the bond.
(2) If the money has been dealt with under section 6 of the
Administration of Justice Act 1965, it shall be accumulated. 1965 c. 2.
(3) When the condition of the bond is fully performed, the High
Court may, on the application of the acquiring authority, order the
money, or the proceeds of the securities in which it has been
invested, together with the accumulation, to be paid to the acquiring
authority.
(4) If the condition of the bond has not been fully performed,
the High Court may order the money to be applied, in such
manner as the court thinks fit, for the benefit of the person for
whose security it was paid into court.
(5) Before Schedule 1 to the Administration of Justice Act 1965
comes into force sub-paragraph (2) of this paragraph shall not
apply, but the money paid into court may, on the application of
the acquiring authority, be ordered to be invested in accordance
with rules of court and accumulated.
SCHEDULE 4 Section 21.
COMMON LAND
General
1.-(1) The compensation in respect of the right in the soil of
any of the land subject to compulsory purchase and subject to any
rights of common shall be paid to the lord of the manor, in case he
is entitled thereto, or to such party, other than the commoners, as is
entitled to the right in the soil.
34 CH. 56 Compulsory Purchase Act 1965

SCH. 4 (2) The compensation in respect of all other commonable and

other rights in or over such land, including therein any commonable
or other rights to which the lord of the manor may be entitled, other
than his right in the soil of the land, shall be determined and paid
and applied in the manner provided in the following provisions of
this Schedule with respect to common land the right in the soil of
which belongs to the commoners ; and upon payment of the com-
pensation so determined either to the persons entitled thereto or into
court all such commonable and other rights shall cease and be
extinguished.

Duty of owner of right in the soil to convey on payment

of compensation
2.-(1) On payment or tender to the lord of the manor, or such
other party as aforesaid, of the compensation agreed or awarded
in respect of the right in the soil of any such land, or, where pro-
vided for in this Act, on payment into court of that compensation,
the lord of the manor or other party shall convey the land to the
acquiring authority.
(2) The conveyance shall have the effect of vesting the land in
the acquiring authority as if the lord of the manor or other party
had been seised in fee simple of the land at the time of executing
the conveyance.
(3) In default of such a conveyance it shall be lawful for the
acquiring authority, if they think fit, to execute a deed poll in the
manner provided by section 9(3) of this Act, and thereupon the land
in respect of which the compensation was paid into court shall vest
absolutely in the acquiring authority and they shall be entitled to
immediate possession thereof, subject nevertheless to the common-
able and other rights theretofore affecting the same, until those
rights have been extinguished by payment, as hereinafter provided,
of compensation for the same either to the persons entitled thereto
or into court.
Compensation for common land not held of a manor
3. The compensation in respect of any of the land subject to
compulsory purchase, being common land, or in the nature thereof,
the right to the soil of which belongs to the commoners, as well as
the compensation in respect of the commonable and other rights in
or over common land the right in the soil of which does not belong
to the commoners (other than compensation to the lord of the manor
or other party entitled to the soil of common lands in respect of his
right in the soil) shall be determined by agreement between the
acquiring authority and a committee of the persons entitled to
commonable or other rights in the land to be appointed under the
following provisions of this Schedule.

Appointment of committee of commoners

4.-(1) The acquiring authority may convene a meeting of the
persons entitled to commonable or other rights over or in the
land subject to compulsory purchase to be held at some convenient
 Compulsory Purchase Act 1965 CH. 56 35

place in the locality for the purpose of appointing a committee to Sca. 4

treat with the acquiring authority for the compensation to be paid
for the extinction of the commonable or other rights.
(2) The meeting shall be called by publishing a notice in two
consecutive weeks in a newspaper circulating in the county or
counties and in the locality in which the land is situated.
(3) The last of those notices shall be published not more than
fourteen or less than seven days before the meeting.
(4) Notice of the meeting shall also, not less than seven days
before the meeting, be affixed on the door of the parish church
in the locality where the meeting is to be held, or if there is no such
church, at some other place in the locality where notices are usually
affixed ; and if the land is parcel of or held of a manor, the notice
of the meeting shall also be given to the lord of the manor.
(5) A meeting called under this paragraph may appoint a com-
mittee consisting of not more than five of the persons entitled to
any such rights, and at such a meeting the decision of the majority
of the persons so entitled who are present shall bind the minority
and all absent parties.
(6) In this paragraph " county " includes any riding or other like
division of a county, and a county of a city or of a town.

Negotiations with committee

5.-(1) The committee may agree on behalf of themselves and all
other parties interested in the commonable and other rights, and
all such parties shall be bound by the agreement.
(2) The committee may receive the compensation agreed to be
paid, and the receipt of the committee, or of any three of them,
shall be an effectual discharge for the compensation.
(3) The compensation when received shall be apportioned by the
committee among the several persons interested, according to their
respective interests, and the acquiring authority shall not be bound
to see to the apportionment or to the application of the compensa-
tion, nor shall they be liable for the misapplication or nonapplica-
tion of the compensation.
(4) If the committee fail to agree with the acquiring authority
as to the amount of the compensation it shall be referred to and
determined by the Lands Tribunal.

Settlement of compensation where no committee is appointed

6. If there is a failure to hold an effective meeting under para-
graph 4 of this Schedule, or if the meeting fails to appoint a
committee, the amount of the compensation shall be determined
by a surveyor selected from the members of the Lands Tribunal
in accordance with section 3 of the Lands Tribunal Act 1949. 1949 c. 42.

Execution of deed poll

7.-(1) On payment or tender to the committee, or any three
of them, or if there is no such committee then upon payment into
36 CH. 56 Compulsory Purchase Act 1965

ScH._4. court in the manner provided in the like case, of the compensation
agreed or awarded in respect of the commonable or other rights,
it shall be lawful for the acquiring authority, if they think fit, to
execute a deed poll in the manner provided by section 9(3) of this
Act.
(2) On execution of the deed poll the land in respect of which the
compensation was paid over, or paid into court, shall vest in the
acquiring authority freed and discharged from all such conunonable
or other rights, and they shall be entitled to immediate possession
thereof.
(3) The High Court may order payment of the compensation paid
into court to a committee appointed under this Schedule, or make
such other order with respect thereto for the benefit of the parties
interested as the High Court thinks fit.
Section 23(6). SCHEDULE 5
FORMS OF CONVEYANCE
General
I , of , in consideration
of the sum of paid to me [or, as the case may be], into
court, in the name and with the privity of the Accountant General
of the Supreme Court, ex parte " the acquiring authority " [naming
them], or to A.B., of , and C.D., of
[two trustees appointed to receive
the same], pursuant to the [here name the compulsory purchase
order], by the [here name the acquiring authority], do hereby con-
vey to the said authority [or other description], and their successors
in title, all [describing the premises to be conveyed], and all such
estate, right, title, and interest in and to the same as I am or shall
become seised or possessed of, or am by the said order empowered
to convey, to hold the premises to the said authority [for other des-
cription], and their successors in title, for ever. In witness, etc.
Conveyance on rentcharge
I , of in consideration
of the rentcharge to be paid to me, and my successors in title as here-
inafter mentioned, by " the acquiring authority " [naming them],
do hereby convey to the said authority [or other description], and
their successors in title, all [describing the premises to be conveyed],
and all my estate, right, title, and interest in and to the same and
every part thereof to hold the said premises to the said authority [or
other description], and their successors in title, for ever, they the
said authority [or other description], and their successors in title
yielding and paying unto me, and my successors in title, one clear
yearly rent of , by equal quarterly [or half-yearly, as
agreed upon], portions, henceforth, on the [stating the days], clear of
all deductions. In witness etc.
Section 38. SCHEDULE 6
POWERS OF PURCHASING LAND BY AGREEMENT
1908 c. 36. THE SMALL HOLDINGS AND ALLOTMENTS ACT 1908
In section 38 for the words from " the Lands Clauses Acts " to " by
agreement " there shall be substituted the words " the provisions of
 Compulsory Purchase Act 1965 CH. 56 37

Part I of the Compulsory Purchase Act 1965 (so far as applicable) ScH. 6
other than sections 4 to 8, section 10, subsections (1) to (5) of
section 23, and section 31, shall apply ".
THE SALMON AND FRESHWATER FISHERIES ACT 1923 1923 c. 16.
In section 16(2) for the words from "the Lands Clauses Acts"
to " superfluous land " there shall be substituted the words " the
provisions of Part I of the Compulsory Purchase Act 1965 (so
far as applicable), other than sections 4 to 8, section 10 and
section 31, shall apply ".
THE LOCAL GOVERNMENT ACT 1933 1933 c. 51.
In section 176 for the words from " the Lands Clauses Acts " to
the words " undertaking and " there shall be substituted the words
" the provisions of Part I of the Compulsory Purchase Act 1965 (so
far as applicable) other than sections 4 to 8, section 10 and section 31,
shall apply, and in the said Part I as so applied ".
THE WATER ACT 1945 1945 c. 42.
For section 24(3) there shall be substituted the following
subsection-
" (3) The provisions of Part I of the Compulsory Purchase
Act 1965 (so far as applicable), other than sections 4 to 8,
section 10, section 21 and Schedule 4, and section 31, shall
apply to the foregoing provisions of this section."
THE CIVIL AVIATION ACT 1949 1949 c. 67.
In section 19(5) for the words from "the Lands Clauses Acts"
to the end of the subsection there shall be substituted the words
" the provisions of Part I of the Compulsory Purchase Act 1965 (so
far as applicable) other than sections 4 to 8, section 10, and section
31, together with sections 127 to 132 of the Lands Clauses (Consoli-
dation) Act 1845 (superfluous land), shall apply ".
THE MINERAL WORKINGS ACT 1951 1951 c. 60.
In section 17(2) for the words from " the Lands Clauses Acts " to
the end of the subsection there shall be substituted the words " the
provisions of Part I of the Compulsory Purchase Act 1965 (so far
as applicable) other than sections 4 to 8, section 10, and section 31,
shall apply ".
THE PRISON ACT 1952 1952 c. 52.
In section 36(3) for the words from " the Lands Clauses Acts "
to the end of the subsection there shall be substituted the words
" the provisions of Part I of the Compulsory Purchase Act 1965 (so
far as applicable) other than sections 4 to 8, section 10, and section
31, shall apply ".
THE HIGHWAYS ACT 1959 1959 c. 25.
In section 222(11) for the words from " the Lands Clauses Acts "
to the words " undertaking and " there shall be substituted the words
" the provisions of Part I of the Compulsory Purchase Act 1965 (so
far as applicable) other than sections 4 to 8, section 10 and section
31, shall apply, and in the said Part I as so applied ".
38 CH. 56 Compulsory Purchase Act 1965

ScM. 6 THE TOWN AND COUNTRY PLANNING ACT 1962

1962 c. 38. For section 71(3) there shall be substituted the following subsec-
tion-
" (3) The provisions of Part I of the Compulsory Purchase
Act 1965 (so far as applicable), other than sections 4 to 8,
section 10, and section 31, shall apply in relation to the acquisi-
tion of land under this section ".
1965 c. 16. THE AIRPORTS AUTHORITY ACT 1965
In section 17(2) for the words from " the Lands Clauses Acts " to
the end of the subsection there shall be substituted the words " the
I
provisions of Part of the Compulsory Purchase Act 1965 (so far as
applicable) other than sections 4 to 8, section 27 and section 31, shall
apply ".
Section 39(3). SCHEDULE 7
CONSEQUENTIAL AMENDMENTS OF REFERENCES TO ENACTMENTS
RE-ENACTED IN THIS ACT
1845 c. 20. THE RAILWAYS CLAUSES CONSOLIDATION ACT 1845
In section 6 as incorporated in any Act, or in any provision having
effect under any Act, whether passed or made before or after
the passing of this Act, for the words from "in the manner pro-
vided " to the end of the section there shall be substituted the
words " by the Lands Tribunal " and in section 78 (as originally
enacted, and so incorporated) for the words " the same shall be
settled as in other cases of disputed compensation " there shall be
substituted the words " the question shall be referred to and deter-
mined by the Lands Tribunal ".
1899 c. 30. THE COMMONS ACT 1899
In Schedule 1 there shall be included a reference to Part I of this
Act.
1947 c. 48. THE AGRICULTURE ACT 1947
In relation to any certificate given under the Act of 1947 on or
after the commencement of this Act as respects the compulsory
purchase of land, for the references to provisions of the Act of
1946 in section 92(2)(b) of that Act there shall be substituted
references to Part I of this Act.

1954 c. 56. THE LANDLORD AND TENANT ACT 1954

1845 c. 18. In section 39(1) the reference to section 121 of the Lands Clauses
Consolidation Act 1845 shall include a reference to section 20 of
this Act.
1957 c. 56. THE HOUSING ACT 1957
In section 98, paragraph 3 of Schedule i and paragraph 10 of
Schedule 3-
(a) references to paragraph 3 of Schedule 2 to the Act of 1946
include references to section 11(1) of this Act, and
(b) references to section 121 of the Lands Clauses Consolidation
Act 1845 include references to section 20 of this Act.
In section 101(2) the reference to sections 84 to 90 of the Lands
Clauses Consolidation Act 1845 includes a reference to section 11
of this Act.
 Compulsory Purchase Act 1965 CH. 56 39

THE LAND COMPENSATION ACT 1961 ScH. 7

In section 19(1) the reference to section 58 of the Lands Clauses 1961 c. 33.
Consolidation Act 1845 includes a reference to Schedule 2 to this
Act.
THE TowN AND COUNTRY PLANNING ACT 1962 1962 c. 38.
1. In the provisions of the Act relating to expedited procedure
in column 1 of the following Table for the respective references to
provisions of the Lands Clauses Consolidation Act 1845 and the Act 1845 c. 18.
of 1946 in column 2 of the Table there shall be substituted references
to the provisions of this Act set out in column 3 of that Table.
Provision in Act of 1845 Corresponding
Context in Act of 1962 or Act of 1946 provision in this Act
Section 75(2) of Act of Section 18 of Act of 1845 Section 5 of this Act
1962
Section 75(6) of Act of Sections 84 to 90 of Act Section 11 of this
1962 of 1845 Act
Schedule 4, paragraph 4 Schedule 2, paragraph 3 Section 11(1) of this
of Act of 1962 of Act of 1946 Act
Schedule 4, paragraph 7 Schedule 2, paragraph 4 Section 8(1) of this
of Act of 1962 of Act of 1946 Act
Schedule 4, paragraph 8 Sections 84 to 90 of Act Section 11 of this Act
of Act of 1962 of 1845
Schedule 4, paragraph 10 Section 116 of Act of Section 18(2) of this
(1) of Act of 1962 1845 Act
Schedule 4, paragraph 10 Sections 115 to 118 of Section 18 of this Act
(2)(3)(4) of Act of 1962 Act of 1845
Schedule 4, paragraph 10 Section 117 of Act of Section 18(3) of this
(2) of Act of 1962 1845 Act
Schedule 4, paragraph 11 Section 119 of Act of Section 19 of this
of Act of 1962 1845 Act
2. In paragraph 9 of Schedule 4 to the Town and Country
Planning Act 1962 for the words from " the provisions of the Act
of 1845 " where they first occur in sub-paragraph (1) to the end of
the paragraph there shall be substituted the words " section 22
of, and Schedule 2 to, the Compulsory Purchase Act 1965 shall
not apply ".
3. In section 86(6) of the said Act of 1962 for the words from
the beginning to "Act of 1946) with" there shall be substituted
the words " In construing the Compulsory Purchase Act 1965 as
applied in relation to ", and in paragraph (b) of that subsection the
reference to section 68 of the Lands Clauses Consolidation Act
1845 shall be taken as a reference to section 10 of this Act.
4. The above amendments of the Town and Country Planning
Act 1962 do not have effect in relation to a compulsory purchase
order confirmed under Part I of Schedule 1 to the Act of 1946, or
made under Part II of that Schedule, before the commencement of
this Act.

REFERENCES TO SECTIONS 63 AND 68 OF LANDS CLAUSES

CONSOLIDATION ACT 1845
References to section 63 or section 68 of the Lands Clauses
Consolidation Act 1845 in any enactment shall include references to
section 7 or, as the case may be, section 10 of this Act.
40 CH. 56 Compulsory Purchase Act 1965

Section 39(4). SCHEDULE 8

REPEALS

PART I
ENACTMENTS CONSOLIDATED

Chapter Short Title Extent of Repeal

9 & 10 Geo. 5. The Land Settlement Section 12(3).

c. 59. Facilities Act 1919.
16 & 17 Geo. 5. The Small Holdings and Section 17(1).
c. 52. Allotments Act 1926.
8 & 9 Geo. 6. The Water Act 1945. In Schedule 2, in paragraph 1,
c. 42. sub-paragraph (a) and (b),
and in paragraph 2 the words
" the Lands Clauses Acts
and " and sub-paragraph (b).
9 10 Geo. 6. he Acquisition of Land In section 1(3), the words
c. 49. (Authorisation Proce- " Lands Clauses Acts and
dure) Act 1946. 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 pur-
chased compulsorily ".
11 & 12 Geo. 6. The Water Act 1948. In the Schedule, in paragraph 1,
c. 22. the words from the beginning
to "those Acts and ", the
words "I and" and the
proviso, and paragraph 8 (2).
5 & 6 Eliz. 2. The Housing Act 1957.In Schedule 1, paragraph 1(2).
c. 56. 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. I The Town and Country In section 75(7), the words
c. 38. j Planning Act 1962. 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. The Pipe-lines Act 1962. In Schedule 3, paragraphs I
c. 58. and 2.
1963 c. 38. The Water Resources Act In Schedule 8, paragraph 12
1963. (1)(2)(3).
1964 c. 56 The Housing Act 1964. Section 59(3).
The repeals in this Part of this Schedule do not apply-
(a) in relation to a compulsory purchase order confirmed before
the commencement of this Act under Part I of Schedule 1 to
1945 c. 42. the Act of 1946 or section 24 of the Water Act 1945 or Part III
1957 c. 56. of the Housing Act 1957, or
 Compulsory Purchase Act 1965 CH. 56 41

(b) in relation to a compulsory purchase order made before the ScH. 8

commencement of this Act under Part II of Schedule 1 to
the Act of 1946, or section 9 or section 23 of the Water Act 1945 c. 42.
1945 or section 67 of the Water Resources Act 1963, or 1963 c. 38.
section 11 of the Pipe-lines Act 1962, or 1962 c. 58.
(c) in relation to a notice served under section 59 of the Housing
Act 1964 before the commencement of this Act. 1964 c. 56.

PART II
SPENT PROVISIONS IN LANDS CLAUSES CONSOLIDATION ACT 1845

Chapter Short Title Extent of Repeal

8 & 9 Vict. The Lands Clauses Con- In section 7 the words from
c. 18. solidation Act 1845. " 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 " disa-
bility " (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 " cover-
ture, infancy, lunacy or other "
and the words " husbands,
guardians, committees or ".
In section 72 the words " cover-
ture, 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.
42 CH. 56 Compulsory Purchase Act 1965

ScH. 8
Chapter Short Title Extent of Repeal

8 & 9 Vict. The Lands Clauses Con- In the enacting words prefacing
c. 18-cont. solidation Act 1845- sections 115 to 118 the words
cont. " 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.

The repeals in this Part of this Schedule take effect as from the
expiration of a period of one month beginning with the passing of
this Act, and extend to the provisions of the Act of 1845 as incorporated
in any other Act or provision having effect under an Act.

PART III
PROVISIONS SUPERSEDED BY LANDS TRIBUNAL ACT 1949
AND LAND COMPENSATION ACT 1961

Chapter Short Title Extent of Repeal

8 & 9 Vict. The Lands Clauses Con- In section 21 the word " here-
c. 18. solidation Act 1845. inafter ".
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 pro-
vided 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.
 Compulsory Purchase Act 1965 CH. 56 43

ScH. 8
Chapter Short Title Extent of Repeal
10 & 11 Vict. The Harbours, Docks and In section 6 the words from
c. 27. Piers Clauses Act 1847. " and except where " to " pro-
vided 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.The Lands Clauses (Um- The whole Act.
c. 15. pire) Act 1883.
58 & 59 Vict. The Lands Clauses (Taxa- The whole Act.
c. 11. tion of Costs) Act 1895.
12, 13 & 14 The Juries Act 1949. Section 12.
Geo. 6. c. 27. In section 18(1) proviso (a).
12, 13 & 14 The Lands Tribunal Act In section 1, in subsection (3)(c)
Geo. 6. c. 42. 1949. the words " on an acquisition
by any such authority ", and
in subsection (6) the words
from " instead of " to " there-
with ".

The repeals in this Part of this Schedule take effect as from the
expiration of a period of one month beginning with the passing of
this Act and those in the Lands Clauses Consolidation Act 1845, and 1845 c. 18.
the Harbours, Docks and Piers Clauses Act 1847 extend to the 1847 c. 27.
provisions of those Acts as incorporated in any public general Act
passed before this Act, and as incorporated in any Act or provision
passed or made after the passing of this Act.

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