New Towns Act 1981

Sections 10, 11, 13.

SCHEDULE 4E+W Procedure for Authorising Compulsory Acquisitions

Part I E+W

Acquisitions by development corporations and local highway authoritiesE+W

1(1)A compulsory purchase order made under this Act by a development corporation or local highway authority—E+W

(a)shall designate the land to which it relates by reference to a map annexed to it, either with or without descriptive matter, and

(b)subject to that, shall be in such form as may be prescribed.

(2)In the case of any discrepancy between the map and any such descriptive matter, the descriptive matter shall prevail except in so far as may be otherwise provided by the order.

2(1)After submitting the order to the Secretary of State, the acquiring authority—E+W

(a)shall publish a notice in the prescribed form describing the land, stating that an order authorising the compulsory acquisition of that land has been submitted to the Secretary of State, naming a place where a copy of the order and of the map and any annexed descriptive matter may be seen at any reasonable hour, and specifying the time (not being less than 28 days from the first local advertisement) within which, and the manner in which, objections to the order may be made, and

(b)if the Secretary of State so directs in the case of the order in question, shall serve on every owner of any of the land to which the order relates a notice to the like effect as the notice required to be published under head (a) above,

except that head (b) above shall not apply if the order relates only to land within the area of a new town.

(2)The notice required to be published by sub-paragraph (1)(a) above shall be published—

(a)in the case of such an order as is described in the exception to sub-paragraph (1) above, and in any other case where service on owners is not effected under head (b) of that sub-paragraph, by publishing that notice—

(i)in the London Gazette, and

(ii)in each of two successive weeks, in one or more newspapers circulating in the locality in which the land to which the order relates is situated, and

(iii)by affixing a copy, addressed to “the owners and any occupiers” of the land (describing it), to some conspicuous object or objects on the land;

(b)where service on owners is effected under that head (b), by publishing it in one or more newspapers circulating in the locality in which the land to which the order relates is situated.

(3)Publication and, if applicable, service in accordance with the foregoing provisions of this paragraph shall be effected—

(a)in the case of an order relating only to land within the area of a new town, as soon as may be after the order has been submitted;

(b)in any other case, as soon as may be after the order has been submitted and any direction of the Secretary of State as to service on owners under sub-paragraph (1)(b) above has been given or he has notified the acquiring authority that he does not propose to give such a direction.

(4)In this paragraph “the first local advertisement”, in relation to a notice, means the first publication of the notice in a newspaper circulating in the locality where the land to which the notice relates is situated, and includes, in relation to a notice so published once only, the publication of that notice.

3E+WSubject to the provisions of paragraph 4 below in any case in which those provisions have effect, the Secretary of State may confirm the order with or without modification, but shall not, unless all persons interested consent, so modify it as to extend it to any land which was not designated by the order as submitted.

4(1)If any objection is duly made to the order and is not withdrawn, the following provisions of this paragraph shall have effect.E+W

For the purposes of this Schedule an objection shall not be treated as duly made unless—

(a)it is made within the time and in the manner specified in the notice required by paragraph 2 above, and

(b)a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

(2)Unless the Secretary of State decides apart from the objection not to confirm the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the Secretary of State shall, before making a final decision, consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

(3)In so far as the Secretary of State, after considering the grounds of the objection as set out in the original statement and any such further statement, is satisfied—

(a)that the objection relates to a matter which can be dealt with in the assessment of compensation, or

(b)in the case of an order relating to land within the area of a new town, that the objection is made on the ground that the acquisition is unnecessary or inexpedient,

he may treat the objection as irrelevant for the purpose of making a final decision.

(4)If—

(a)the Secretary of State, after considering the grounds of the objection as set out in the original statement and any such further statement is satisfied that for the purpose of making a final decision he is sufficiently informed as to the matters to which the objection relates, or

(b)where a further statement has been required, it is not submitted within the specified period,

the Secretary of State may make a final decision without further investigation as to those matters.

(5)Subject to sub-paragraphs (3) and (4) above, the Secretary of State—

(a)shall, before making a final decision, afford to the objector an opportunity of appearing before and being heard by a person appointed for the purpose by the Secretary of State; and

(b)shall, if the person making the objection avails himself of that opportuntiy, afford an opportunity of appearing and being heard on the same occasion to the acquiring authority and to any other persons to whom it appears to the Secretary of State to be expedient to afford it.

(6)Notwithstanding anything in the foregoing provisions of this paragraph, if it appears to the Secretary of State that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision—

(a)he shall cause such an inquiry to be held; and

(b)where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time when he so determines shall be dispensed with.

(7)In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding—

(a)whether to confirm the order, or

(b)what modification, if any, ought to be made.

5E+WAs soon as may be after the order has been confirmed the acquiring authority shall publish in one or more newspapers circulating in the locality in which the land designated by the order is situated a notice in the prescribed form—

(a)describing the land,

(b)stating that the order has been confirmed, F1...

(c)naming a place where a copy of the order and of the map and any annexed descriptive matter may be seen at any reasonable hour,

[F2(d)containing a prescribed statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981, and

(e)inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the acquiring authority information about the person’s name, address and interest in land, using a prescribed form,]

and shall serve a like notice [F3on any person who, if Part 2 of the Acquisition of Land Act 1981 applied to the acquisition, would be entitled to a notice under section 12 of that Act (notice to owners, lessees and occupiers).]

6E+WWhere—

(a)proceedings are necessary for the purposes of paragraphs 1, 2 and 4 above in relation to an order authorising a compulsory acquisition of land, and

(b)that land is in an area proposed to be designated as the site of a new town by an order a draft of which has been published in accordance with Schedule 1 to this Act,

the Secretary of State may by regulations provide for enabling the proceedings referred to in head (a) to be taken, so far as may be practicable, contemporaneously with the proceedings on the order referred to in head (b).

Part II E+W

Special provisions applying to acquisitions by local highway authoritiesE+W

7(1)Subject to this paragraph, where a compulsory purchase order under section 11(1) above is submitted to the Secretary of State the notice required to be published under paragraph 2 above shall be published not only as mentioned in that paragraph but also by being exhibited at such places in the locality to which the order relates as appear to the acquiring authority to be suitable for bringing it to the attention of all persons concerned.E+W

(2)Sub-paragraph (1) above shall not apply in any case where the Secretary of State is satisfied that the land to which the compulsory purchase order relates is required for the purpose of a project—

(a)which was adequately set out in a statement prepared for the purposes of an order under section 1 above which has been made; or

(b)which has been the subject of an inquiry for the purposes of section 10, or, so far as it relates to trunk roads, section 14 of the M1Highways Act 1980 or of any of the following enactments no longer in force, that is to say, section 7 or 9 of the M2Highways Act 1959 (to which, respectively, the said section 10 and, so far as it relates to trunk roads, the said section 14 correspond) and the enactments to which the said sections 7 and 9 corresponded (namely, section 1(3) of the M3Trunk Roads Act 1936, sections 1 and 4 of the M4Trunk Roads Act 1946 and section 14(1) of the M5Special Roads Act 1949).

8E+WWhere there is submitted to the Secretary of State a compulsory purchase order under section 11(1) above authorising the acquisition of any land forming a frontage to, or abutting on or adjacent to, a road, and the Secretary of State is satisfied as respects the whole or any part of the land—

(a)that the acquisition would be requisite only for the purpose of controlling development, and

(b)that every owner has entered, or is willing to enter, into such an agreement with the local highway authority or the Secretary of State as is provided for by section 9(1) above or is bound by such an agreement, and that the agreement or proposed agreement is satisfactory for that purpose,

the order shall not be confirmed so as to authorise the acquisition of any part of the land as to which the Secretary of State is satisfied as mentioned above.

Part III E+W

Acquisitions by the Secretary of StateE+W

9(1)A compulsory purchase order made under section 11(2) above by the Secretary of State—E+W

(a)shall designate the land to which it relates by reference to an annexed map either with or without descriptive matter, and

(b)subject to that, shall be in such form as the Secretary of State may determine.

(2)In the case of any discrepancy between the map and any such descriptive matter, the descriptive matter shall prevail except in so far as may be otherwise provided by the order.

10E+WWhere the Secretary of State proposes to make such an order, he shall prepare a draft, and then as soon as may be shall—

(a)publish in the manner mentioned in paragraph 2 above, and

(b)in any case in which he thinks it requisite to do so, serve on every owner of any of the land to which the order as prepared in draft relates,

a notice, in such form as he may determine, similar, with requisite adaptations, to the notice mentioned in paragraph 2(1).

11E+WParagraphs 3, 4, 5, 7 and 8 above shall have effect in relation to such an order—

(a)with the substitution, for references to the Secretary of State and to the acquiring authority, of references to the Secretary of State;

(b)with the substitution, for references to an order as submitted and to the confirmation of an order, of references respectively to an order as prepared in draft and to the making of an order;

(c)with the ommission, in paragraph 4(5), of the reference to the acquiring authority;

(d)with the substitution, for the references to a compulsory purchase order under section 11(1) above and to the notice required by paragraph 2 above, of references respectively to a compulsory purchase order under section 11(2) and to the notice required by paragraph 10 above; and

(e)with the substitution, in paragraph 8, of the words “the Secretary of State proposes to make” for the words “there is submitted to the Secretary of State”.

Part IV E+W

Special provisions as to certain descriptions of landE+W

12E+WIn so far as a compulsory purchase order authorises the acquisition of land—

(a)which is the property of a local authority, or

(b)which is land belonging to the National Trust, and which is held by the Trust inalienably,

the order shall be subject to special parliamentary procedure in any case where an objection [F4to the acquisition of the land] has been duly made by the local authority or the National Trust, as the case may be, and has not been withdrawn.

13(1)In so far as a compulsory purchase order authorises the acquisition of any land forming part of any common, open space or fuel or field garden allotment, the order shall be subject to special parliamentary procedure unless the Secretary of State . . . F5, is satisfied—E+W

(a)that there has been or will be given in exchange for such land other land, not being less in area, and being equally advantageous to the persons (if any) entitled to rights of common or other rights, and to the public, and that the land given in exchange has been or will be vested in the persons in whom the land acquired was vested, and subject to the like rights, trusts and incidents as attached to the land acquired, or

(b)that the land is required for the widening of an existing highway and that the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public,

and certifies accordingly.

(2)Where it is proposed to give a certificate under this paragraph, the Secretary of State . . . F6 shall give public notice of his intention so to do, and—

(a)after affording opportunity to all persons interested to make representations and objections in relation thereto, and

(b)after causing a public local inquiry to be held in any case where it appears to him to be expedient so to do, having regard to any representations or objections made,

the Secretary of State . . . F6 may, after considering any representations and objections made and, if any inquiry has been held, the report of the person who made the inquiry, give the certificate.

(3)A compulsory purchase order may provide for vesting land given in exchange as mentioned in sub-paragraph (1) above in the persons, and subject to the rights, trusts and incidents, therein mentioned, and for discharging the land acquired from all rights, trusts and incidents to which it was previously subject.

(4)As soon as may be after the giving of a certificate under this paragraph the acquiring authority shall publish in the London Gazette and, in each of two successive weeks, in one or more newspapers circulating in the locality in which the land designated by the order is situated, a notice in the prescribed form stating that the certificate has been given.

Part V E+W

Validity and date of operation of compulsory purchase orders and certificatesE+W

14(1)If any person aggrieved by a compulsory purchase order, or by a certificate under paragraph 13 above, desires to question the validity thereof, or of any provision contained therein, on the ground—E+W

(a)that it is not within the powers of this Act, or

(b)that any requirement of this Act or any regulation made under this Act has not been complied with in relation to the order or certificate,

he may, within 6 weeks from the date on which notice of the confirmation or making of the order or of the giving of the certificate is first published in accordance with this Schedule, apply to the High Court.

(2)On any such application the Court—

(a)may by interim order suspend the operation of the order or any of its provisions, or of the certificate, either generally or in so far as it affects the applicant’s property, until the final determination of the proceedings; and

(b)if satisfied that the order or any of its provisions, or the certificate, is not within the powers of this Act or that the applicant’s interests have been substantially prejudiced by any requirement of this Act or of any regulation made under it not having been complied with, may quash the order or any of its provisions, or the certificate, either generally or in so far as it affects any of the applicant’s property.

15E+WSubject to paragraph 14 above, a compulsory purchase order or a certificate under paragraph 13 above—

(a)shall not, either before or after it has been made or confirmed or given, be questioned in any legal proceedings whatsoever; and

(b)shall become operative on the date on which notice is first published as mentioned in that paragraph 14.

16E+WThis Part of this Schedule—

(a)shall not apply to an order which is confirmed by Act of Parliament under section [F74 or] 6 of the M6Statutory Orders (Special Procedure) Act 1945, but, (except for that)—

(b)shall have effect in relation to a compulsory purchase order to which that Act applies—

(i)as if in paragraph 14(1) above for the reference to the date on which notice of the confirmation or making of the order is first published in accordance with this Schedule there were substituted a reference to the date on which the order becomes operative under that Act of 1945, and

(ii)as if paragraph 15(b) above were omitted.