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Compulsory Purchase (Vesting Declarations) Act 1981

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  • Act applied (with modifications) by S.I. 2020/1297 art. 26 (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
  • Act applied (with modifications) by S.I. 2021/51 art. 30 (This amendment not applied to legislation.gov.uk. S.I. 2021/51 removed from the website by request from the Department of Transport dated 12th July 2021 which followed the decision of the High Court of Justice to quash these Regulations in the judgement dated 8th July 2021 (High Court of Justice — Planning Court — The Queen (on the application of Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)
  • Act applied (with modifications) by S.I. 2024/174 art. 27
  • Act applied (with modifications) by S.I. 2024/230 art. 29
  • Act applied (with modifications) by S.I. 2024/360 art. 26
  • Act applied (with modifications) by S.I. 2024/393 art. 33
  • Act applied (with modifications) by S.I. 2024/436 art. 30

Section 8.

Schedule 1E+W Divided Land

Modifications etc. (not altering text)

C1Sch. 1 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 6 para. 11(3)(b)

F1Part IE+W Buildings and Gardens Etc.

Textual Amendments

F1Sch. 1 Pt. I omitted (3.2.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 18 para. 7; S.I. 2017/75, reg. 3(k) (with reg. 5)

F1 Interpretation of Part IE+W

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F1 Objection to severanceE+W

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F1 Response by acquiring authority to objection to severanceE+W

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F1 Late service of notice of objection to severanceE+W

F110E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIE+W Rentcharges and Tenancies

11(1)Where land specified in a general vesting declaration is, together with other land not so specified, charged with a rentcharge, such proportion of the rentcharge as may be apportioned under section 18 of the M1Compulsory Purchase Act 1965 to the first-mentioned land shall, subject to sub-paragraph (3) below, be treated as having been extinguished by virtue of Part III of this Act on the vesting of that land in an acquiring authority under that Part.E+W

(2)Where by virtue of sub-paragraph (1) above a portion of the rentcharge is treated as having been extinguished, the provisions of section 18 of the M2Compulsory Purchase Act 1965 shall have effect as if the extinguishment had taken place under that section.

(3)If, in the circumstances described in sub-paragraph (1) above, the person entitled to the rent charge and the owner of the land subject thereto enter into an agreement to that effect, the said section 18 shall have effect as if, at the time of the vesting of the land in the acquiring authority under Part III of this Act, the person entitled to the rentcharge had released that land from the rentcharge on the condition mentioned in subsection (2) of that section; and in that case no part of the rentcharge shall be treated as having been extinguished as regards the remaining part of the land charged therewith.

(4)In this paragraph “rentcharge” has the same meaning as in section 18 of the M3Compulsory Purchase Act 1965.

12E+WWhere land specified in a general vesting declaration is, together with other land not so specified, comprised in a tenancy for a term of years unexpired, section 19 of the M4Compulsory Purchase Act 1965 shall have effect in relation thereto as if for references to the time of the apportionment of rent therein mentioned there were substituted references to the time of vesting of the tenancy in the acquiring authority.

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