SCHEDULES

Sections 9, 52.

FIRST SCHEDULESpecial Provisions relating to Section Nine

PART I

Provisions for taking account of increases in value of contiguous or adjacent land

1Subsection (4) of section nine of this Act shall not apply to any compulsory acquisition in respect of which the compensation payable is subject to the provisions of any of the following enactments (which contain provisions for taking account in certain cases of increases in the value of contiguous or adjacent land), that is to say,—

(a)section thirteen of the Light Railways Act, 1896 ;

(b)sub-paragraph (C) of paragraph (2) of the Schedule to the Development and Road Improvement Funds Act, 1909 ;

(c)subsection (6) of section two hundred and twenty-two of the Highways Act, 1959 ;

(d)paragraph 4 of Part III of the Third Schedule to the Housing Act, 1957.

2Subsection (4) of section nine of this Act shall also not apply to any compulsory acquisition in respect of which the compensation payable is subject to the provisions of any local enactment which provides (in whatsoever terms) that, in assessing compensation in respect of a compulsory acquisition thereunder, account shall be taken of any increase in the value of an interest in contiguous or adjacent land which is attributable to any of the works authorised by that enactment.

3Where any such local enactment as is mentioned in the last preceding paragraph includes a provision restricting the assessment of the increase in value thereunder by reference to existing use (that is to say, by providing, in whatsoever terms, that the increase in value shall be assessed on the assumption that planning permission in respect of the contiguous or adjacent land in question would be granted for development of any class specified in the Third Schedule to the Act of 1947, but would not be granted 'for any other development thereof), the enactment shall have effect, in relation to compulsory acquisitions to which section one of this Act applies, as if it included no such provision restricting the assessment of the increase in value.

4(1)Where, for the purpose of assessing compensation in respect of a compulsory acquisition of an interest in land, an increase in the value of an interest in other land has, in any of the cases mentioned in the table, been taken into account by virtue of subsection (4) of section nine of this Act or any corresponding enactment, then, in connection with any subsequent acquisition to which this paragraph applies, that increase shall not be left out of account by virtue of subsection (2) of section nine of this Act, or taken into account by virtue of subsection (4) of that section or any corresponding enactment, in so far as it was taken into account in connection with the previous acquisition.

(2)Where, in connection with a compulsory acquisition of an interest in land, a diminution in the value of an interest in other land has, in any of the cases mentioned in the table, been taken into account in assessing compensation for injurious affection, then, in connection with any subsequent acquisition to which this paragraph applies, that diminution shall not be left out of account, by virtue or subsection (2) of section nine of this Act, in so far as it was taken into account in connection with the previous acquisition.

(3)This paragraph applies to any subsequent acquisition where either—

(a)the interest acquired by the subsequent acquisition is the same as the interest previously taken into account (whether the acquisition extends to the whole of the land in which that interest previously subsisted or only to part of that land), or

(b)the person entitled to the interest acquired is, or derives title to that interest from, the person who at the time of the previous acquisition was entitled to the interest previously taken into account;

and in this sub-paragraph any reference to the interest previously taken into account is a reference to the interest the increased or diminished value whereof was taken into account as mentioned in sub-paragraph (1) or sub-paragraph (2) of this paragraph.

(4)Where, in connection with a sale of an interest in land by agreement, the circumstances were such that, if it had been a compulsory acquisition, an increase or diminution of value would have fallen to be taken into account as mentioned in sub-paragraph (1) or sub-paragraph (2) of this paragraph, the preceding provisions of this paragraph shall apply, with the necessary modifications, as if that sale had been a compulsory acquisition and that increase or diminution of value had been taken into account accordingly.

(5)In this paragraph " corresponding enactment" means any such enactment as is mentioned in paragraph 1 or paragraph 2 of this Schedule, and any reference to a case mentioned in the table is a reference to a case mentioned in the first column of the table set out in subsection (2) of section nine of this Act.

5In the application of this Schedule to Scotland, for any reference to the Act of 1947 there shall be substituted a reference to the Scottish Act of 1947, for any reference to paragraph 4 of Part III of the Third Schedule to the Housing Act, 1957, there shall be substituted a reference to paragraph 5 of the Fourth Schedule to the Housing (Scotland) Act, 1950, and for sub-paragraph (c) of paragraph 1 there shall be substituted the following sub-paragraph, that is to say—

“(c)paragraph (a) of the proviso to subsection (1) of section thirteen of the Restriction of Ribbon Development Act, 1935.”

PART II

Special provisions as to new towns

6(1)The provisions of this Part of this Schedule shall have effect with respect to paragraph 3 of the table set out in subsection (2) of section nine of this Act.

(2)In this Part of this Schedule "the transfer date", in relation to a new town, means the date on which, by virtue of any enactment contained in any Act relating to new towns, whether passed before or after this Act, the development corporation established for the purposes of that new town ceases to act, except for purposes of or incidental to the winding up of its affairs.

7Land shall not be treated as falling within the case described in the said paragraph 3 by reason that it forms part of an area which has been designated as therein mentioned, if the notice to treat is served on or after the transfer date.

8In determining whether the relevant land forms part of such an area as is mentioned in the said paragraph 3.—

(a)in the case of an area designated as the site of a new town by an order which became operative on or before the twenty-ninth day of October, nineteen hundred and fifty-eight, regard shall be had to that order in the form in which, whether as originally made or as subsequently varied, it was in force on that day, and any variation becoming operative after that day shall be disregarded ;

(b)in the case of an area designated as the site of a new town by an order which became operative after the said twenty-ninth day of October, whether before or after the passing of this Act, regard shall be had to the order in its original form, and any variation of the order shall be disregarded.

9For the purpose of determining whether any development, of which there is a prospect on the date of service of the notice to treat, would be such development as is described in the said paragraph 3, it is immaterial whether the time when that development will or may take place is a time before, on or after the transfer date.

10This Part of this Schedule, except paragraph 8 thereof, shall not apply to Scotland.

Sections 10, 52.

SECOND SCHEDULEAcquisition of Houses as being unfit for Human Habitation

PART I

Provisions for England and Wales

1(1)Where, in the case of a compulsory acquisition to which section one of this Act applies,—

(a)the acquisition is under the Housing Act, 1957 (in this Part of this Schedule referred to as " the Act of 1957 ") in such circumstances that, apart from section one of this Act, any of the provisions of that Act as to compulsory purchase at site value would have effect in relation to the acquisition, or

(b)it is an acquisition in relation to which, by virtue of an order made and confirmed under the next following paragraph, any of those provisions would so have effect,

nothing in section one of this Act shall be construed as excluding the operation of those provisions of the Act of 1957, but those provisions shall apply in addition to the provisions of Part I of this Act.

(2)Subject to the provisions of paragraph 3 of this Part of this Schedule, the compensation payable in respect of a compulsory acquisition falling within the preceding sub-paragraph shall not in any event exceed the amount of the compensation which would have been payable in respect thereof if—

(a)none of the provisions of the Act of 1957 as to compulsory purchase at site value had applied to the acquisition, and

(b)in a case where any of the relevant land is in an area which has been declared under Part III of that Act to be a clearance area, or which constitutes a re-development area within the meaning of that Part of that Act, that area had not been declared to be a clearance area or did not constitute such a re-development area, as the case may be,

but in all other respects the acquisition had been effected in the circumstances in which it actually is effected.

2(1)The provisions of this paragraph shall have effect in relation to any compulsory acquisition being—

(a)an acquisition under Part IV of the Act of 1947, or

(b)an acquisition under section six of the Town Development Act, 1952, or

(c)an acquisition in pursuance of Part IV of this Act, or

(d)an acquisition of land within the area designated by an order under section one of the New Towns Act, 1946, as the site of a new town, or

(e)an acquisition by a development corporation or a local high way authority or the Minister of Transport and Civil Aviation under the New Towns Act, 1946, or under any enactment as applied by any provision of that Act,

and being (in any such case) an acquisition where the land in question comprises a house which, in the opinion of an appropriate local authority, is unfit for human habitation and not capable at reasonable expense of being rendered fit for human habitation.

(2)The local authority may make and submit to the Minister an order, in such form as may be prescribed by regulations made under section one hundred and seventy-eight of the Act of 1957, declaring the house to be in the state referred to in the preceding sub-paragraph ; and if—

(a)that order is confirmed by the Minister, either before or concurrently with the confirmation of a compulsory purchase order for the acquisition of the land, or

(b)in a case where the acquisition is in pursuance of a notice to treat deemed to have been served in consequence of the service of a notice under section nineteen of the Act of 1947 or the provisions of that section as applied by or under any other enactment, or in consequence of the service of a notice under subsection (4) of section six of the New Towns Act, 1946, or under Part IV of this Act, the order is made before the date on which the notice to treat is deemed to have been served and, having been so made, is subsequently confirmed by the Minister,

the provisions of subsections (2) and (3) of section fifty-nine of the Act of 1957, and the provisions of sections sixty and sixty-one of that Act and the Second Schedule thereto (which relate to certain payments in respect of houses purchased or demolished under that Act) shall apply as if the house had been purchased under section fifty-seven of that Act as being in the state referred to in the preceding sub-paragraph, and as if any reference in those sections or in that Schedule to the local authority were a reference to the acquiring authority.

(3)Before submitting to the Minister an order under this paragraph, the local authority by whom the order was made shall serve on every owner, and (so far as it is reasonably practicable to ascertain such persons) on every mortgagee, of the land or any part thereof, a notice in such form as may be prescribed as mentioned in the last preceding sub-paragraph, stating the effect of the order and that it is about to be submitted to the Minister for confirmation, and specifying the time within which, and the manner in which, objection thereto can be made.

(4)If no objection is duly made by any of the persons on whom notices are required to be served, or if all objections so made are withdrawn, the Minister may, if he thinks fit, confirm the order; but in any other case he shall, before confirming the order, consider any objection not withdrawn, and shall, if either the person by whom the objection was made or the local authority so desires, afford to that person and the authority an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose.

(5)Section four of the Act of 1957 (which specifies matters to be taken into account in determining whether a house is unfit) and sections one hundred and fifty-nine and one hundred and sixty of that Act (which relate to entry on land for the purposes of that Act) shall apply for the purposes of this paragraph as they apply for the purposes of that Act.

(6)In this paragraph " appropriate local authority " means a local authority who, in relation to the area in which the land in question is situated, are a local authority for the purposes of the provisions of Part III of the Act of 1957 relating to clearance areas.

3(1)The provisions of this paragraph shall have effect in relation to any compulsory acquisition to which section one of this Act applies where—

(a)the relevant land consists of or includes the whole or part of a house (in this paragraph referred to as " the relevant house") and, on the date of the making of the compulsory purchase order in pursuance of which the acquisition is effected, the person then entitled to the relevant interest was, in right of that interest, in occupation of the relevant house or part thereof as a private dwelling, and

(b)that person either continues, on the date of service of the notice to treat, to be entitled to the relevant interest, or, if he has died before that date, continued to be entitled to that interest immediately before his death, and

(c)the acquisition is under the Act of 1957, in such circumstances that any of the provisions of that Act as to compulsory purchase at site value have effect in relation to the acquisition, or is an acquisition in connection with which an order is made and confirmed under the last preceding paragraph in respect of the relevant house.

In the following provisions of this paragraph any reference to " the dwelling " is a reference to so much of the relevant house as the person referred to in head (a) of this sub-paragraph occupied as therein mentioned.

(2)Subject to the next following sub-paragraph, if the amount of the compensation payable in respect of the acquisition of the relevant interest would, apart from this paragraph, be less than the gross value of the dwelling, the amount of the compensation payable in respect of the acquisition of that interest shall be an amount equal to the gross value of the dwelling.

(3)Where any payment to which this sub-paragraph applies is payable, any reference in the last preceding sub-paragraph to the amount of the compensation payable in respect of the acquisition of the relevant interest shall be construed as a reference to the aggregate of that amount and of the amount of the payment (or, if more than one, of the amounts of the payments) to which this sub-paragraph applies.

(4)The last preceding sub-paragraph applies—

(a)to any payment under section thirty or section sixty of the Act of 1957, in so far as it falls to be made to the person entitled to the relevant interest and is attributable to the relevant house;

(b)to any payment which falls to be made in respect of the relevant interest under Part II of the Second Schedule to the Act of 1957.

(5)For the purposes of this paragraph the gross value of the dwelling shall be determined as follows :—

(a)if the dwelling constitutes the whole of the relevant house, the gross value of the dwelling shall be taken to be the value which, on the date of service of the notice to treat, is shown in the valuation list then in force as the gross value of that house for rating purposes ;

(b)if the dwelling is only part of the relevant house, an apportionment shall be made by the valuation officer of the gross value of the relevant house for rating purposes, as shown in the valuation list in force on the date of service of the notice to treat, and the gross value of the dwelling shall be taken to be the amount certified by the valuation officer as being the amount which, on such an apportionment, is properly attributable to the dwelling.

(6)Any reference in this paragraph to the compensation payable in respect of the acquisition of the relevant interest shall be construed as excluding so much (if any) of that compensation as is attributable to disturbance or to severance or injurious affection.

(7)In this paragraph "the valuation officer" has the same meaning as in Part III of the Local Government Act, 1948.

4The following provisions of the Act of 1957, that is to say, paragraph 2 of Part III of the Third Schedule and sub-paragraph (3) of paragraph 2 of the Seventh Schedule (which make special provision as to the assessment of compensation in the case of premises which are purchased under that Act otherwise than at site value, but are in a state of defective sanitation or not in reasonably good repair) shall cease to have effect, except for the purpose of assessing compensation (where applicable) in respect of compulsory acquisitions to which section one of this Act does not apply.

5(1)Where, in the case of a compulsory acquisition to which section one of this Act applies,—

(a)the acquisition is under the Act of 1957, in such circumstances that any of the provisions of that Act as to compulsory purchase at site value have effect in relation to the acquisition, or is an acquisition in connection with which an order is made and confirmed under paragraph 2 of this Part of this Schedule, and

(b)the relevant land consists of or includes a hereditament, or part of a hereditament, which has sustained war damage, and any of that damage has not been made good at the date of service of the notice to treat,

there shall be added to the compensation which, apart from this paragraph, would be payable in respect of the acquisition an amount calculated in accordance with the next following sub-paragraph.

(2)The said amount shall be an amount equal to the value, as at the date of service of the notice to treat, of the prospective right to receive such payment (if any) under the War Damage Act, 1943, in respect of that hereditament, or part of a hereditament, as might reasonably have been expected to become payable if the relevant land had not been compulsorily acquired.

6(1)Where a local authority have before the commencement of this Act made and submitted to the Minister an order under paragraph 9 of the Fifth Schedule to the Town and Country Planning Act, 1944 (which contains provisions similar to those of paragraph 2 of this Part of this Schedule), but the Minister has not confirmed that order before the commencement of this Act, sub-paragraphs (2), (4) and (5) of paragraph 2 of this Part of this Schedule shall apply in relation to that order as if—

(a)the order had been made under paragraph 2 of this Part of this Schedule, and

(b)the reference in sub-paragraph (4) of paragraph 2 of this Part of this Schedule to persons on whom notices are required to be served were a reference to persons on whom notices are required to be served under sub-paragraph (2) of the said paragraph 9.

(2)Any reference in paragraph 1, paragraph 3 or paragraph 5 of this Part of this Schedule to an order made and confirmed under paragraph 2 of this Part of this Schedule shall be construed as including a reference to an order—

(a)made and confirmed under the said paragraph 9, or

(b)made under the said paragraph 9 and confirmed under the provisions of paragraph 2 of this Part of this Schedule applied by the preceding sub-paragraph.

(3)In this paragraph any reference to the said paragraph 9 includes a reference to the provisions of that paragraph as extended or applied by or under any other enactment.

7In this Part of this Schedule " house" has the meaning assigned to it by section one hundred and eighty-nine of the Act of 1957, and any reference to the provisions of the Act of 1957 as to compulsory purchase at site value is a reference to the following provisions of that Act, that is to say,—

(a)subsection (4) of section twelve (which relates to the purchase of houses found on appeal not to be capable of repair at a reasonable expense) ;

(b)subsection (2) of section twenty-nine (which relates to the purchase of condemned houses); and

(c)subsections (2) and (3) of section fifty-nine (which relate respectively to the purchase of land comprised in a clearance area and to the purchase, in connection with re-development plans, of houses as being unfit for human habitation).

8This Part of this Schedule shall not apply to Scotland.

PART II

Provisions for Scotland

1(1)The provisions of this paragraph shall have effect in relation to any compulsory acquisition, being—

(a)an acquisition under Part III of the Scottish Act of 1947, or

(b)an acquisition under section thirteen of the Housing and Town Development (Scotland) Act, 1957, or

(c)an acquisition in pursuance of Part IV of this Act, or

(d)an acquisition of land within the area designated by an order under section one of the New Towns Act, 1946, as the site of a new town, or

(e)an acquisition by a development corporation or a local highway authority or the Secretary of State under the New Towns Act, 1946, or under any enactment as applied by any provision of that Act,

and being (in any such case) an acquisition where the land in question comprises a house which, in the opinion of an appropriate local authority, is unfit for human habitation and not capable at reasonable expense of being rendered fit for human habitation.

(2)The local authority may make and submit to the Minister an order, in such form as may be prescribed by regulations made under section one hundred and seventy-two of the Act of 1950, declaring the house to be in the state referred to in the preceding sub-paragraph ; and if—

(a)that order is confirmed by the Minister, either before or concurrently with the confirmation of a compulsory purchase order for the acquisition of the land, or

(b)in a case where the acquisition is in pursuance of a notice to treat deemed to have been served in consequence of the service of a notice under section seventeen of the Scottish Act of 1947 or the provisions of that section as applied by or under any other enactment, or in consequence of the service of a notice under subsection (4) of section six of the New Towns Act, 1946, or under Part IV of this Act, the order is made before the date on which the notice to treat is deemed to have been served and is subsequently confirmed by the Minister,

the provisions of subsection (2) of section thirty-six of the Act of 1950, and the provisions of section forty of that Act as read with section twenty of the Housing and Town Development (Scotland) Act, 1957 (which relate to certain payments in respect of houses purchased or demolished under the Act of 1950) shall apply as if the house had been purchased under Part III of the Act of 1950 as being in the state referred to in the preceding sub-paragraph, and as if any reference in those sections to the local authority were a reference to the acquiring authority.

(3)Before submitting to the Minister an order under this paragraph, the local authority by whom the order was made shall serve on every owner, and (so far as it is reasonably practicable to ascertain such persons) on the superior of, and the holder of every heritable security over, the land or any part thereof, a notice in such form as may be prescribed as mentioned in the last preceding sub-paragraph, stating the effect of the order and that it is about to be submitted to the Minister for confirmation, and specifying the time within which, and the manner in which, objection thereto can be made.

(4)If no objection is duly made by any of the persons on whom notices are required to be served, or if all objections so made are withdrawn, the Minister may, if he thinks fit, confirm the order; but in any other case he shall, before confirming the order, consider any objection not withdrawn, and shall, if either the person by whom the objection was made or the local authority so desires, afford to that person and the authority an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose.

(5)Subsection (2) of section one hundred and eighty-four of the Act of 1950 shall have effect in determining for the purposes of this paragraph whether a house is fit for human habitation as it has effect in so determining for the purposes of that Act.

(6)In this paragraph " appropriate local authority " means a local authority who, in relation to the area in which the land in question is situated, are a local authority for the purposes of the provisions of Part III of the Act of 1950 relating to clearance areas.

2(1)The provisions of this paragraph shall have effect in relation to any compulsory acquisition to which section one of this Act applies where—

(a)the relevant land consists of or includes the whole or part of a house (in this paragraph referred to as " the relevant house ") and, on the date of the making of the compulsory purchase order in pursuance of which the acquisition is effected, the person then entitled to the relevant interest was, in right of that interest, in occupation of the relevant house or part thereof as a private dwelling, and

(b)that person either continues, on the date of service of the notice to treat, to be entitled to the relevant interest, or, if he has died before that date, continued to be entitled to that interest immediately before his death, and

(c)the acquisition is under the Act of 1950, in such circumstances that any of the following provisions of that Act, that is to say, subsection (2) of section twelve, subsection (4) of section seventeen, and subsection (2) of section thirty-six (which relate to compensation at site value) have effect in relation to the acquisition, or is an acquisition in connection with which an order is made and confirmed under the last preceding paragraph in respect of the relevant house.

In the following provisions of this paragraph any reference to "the dwelling" is a reference to so much of the relevant house as the person referred to in head (a) of this sub-paragraph occupied as therein mentioned.

(2)Subject to the next following sub-paragraph, if the amount of the compensation payable in respect of the acquisition of the relevant interest would, apart from this paragraph, be less than the gross annual value of the dwelling, the amount of the compensation payable in respect of the acquisition of that interest shall be an amount equal to the gross annual value of the dwelling.

(3)Where a payment falls to be made under section forty of the Act of 1950 to the person entitled to the relevant interest, and that payment is attributable to the relevant house, any reference in the last preceding sub-paragraph to the amount of the compensation payable in respect of the acquisition of the relevant interest shall be construed as a reference to the aggregate of that amount and of the amount of the payment.

(4)For the purposes of this paragraph the gross annual value of the dwelling shall be determined as follows:—

(a)if the dwelling constitutes the whole of the relevant house, the gross annual value of the dwelling shall be taken to be the value which, on the date of service of the notice to treat, is shown in the valuation roll then in force as the gross annual value of that house for rating purposes ;

(b)if the dwelling is only part of the relevant house, an apportionment shall be made of the gross annual value of the relevant house for rating purposes, as shown in the valuation roll in force on the date of service of the notice to treat, and the gross annual value of the dwelling shall be taken to be the amount which, on such an apportionment, is properly attributable to the dwelling.

(5)Any reference in this paragraph to the compensation payable in respect of the acquisition of the relevant interest shall be construed as excluding so much (if any) of that compensation as is attributable to disturbance or to severance or injurious affection.

(6)Nothing in this paragraph shall affect the amount which is to be taken for the purposes of section sixty-two of the Scottish Act of 1954 (which relates to the consideration payable for the discharge of land from feu duty and other incumbrances) as the amount of the compensation payable in respect of the acquisition of the relevant interest.

3Paragraph 3 of the Fourth Schedule to the Act of 1950 (which makes special provision as to the assessment of compensation in the case of premises which are purchased under that Act otherwise than at site value, but are in a state of defective sanitation or not in reasonably good repair) shall cease to have effect, except for the purpose of assessing compensation (where applicable) in respect of compulsory acquisitions to which section one of this Act does not apply.

4(1)Where, in the case of a compulsory acquisition to which section one of this Act applies,—

(a)the acquisition is under the Act of 1950, in such circumstances that any of the following provisions of that Act, that is to say, subsection (2) of section twelve, subsection (4) of section seventeen, and subsection (2) of section thirty-six (which relate to compensation at site value) have effect in relation to the acquisition, or is an acquisition in connection with which an order is made and confirmed under paragraph 1 of this Part of this Schedule, and

(b)the relevant land consists of or includes a hereditament, or part of a hereditament, which has sustained war damage, and any of that damage has not been made good at the date of service of the notice to treat,

there shall be added to the compensation which, apart from this paragraph, would be payable in respect of the acquisition an amount calculated in accordance with the next following sub-paragraph.

(2)The said amount shall be an amount equal to the value, as at the date of service of the notice to treat, of the prospective right to receive such payment (if any) under the War Damage Act, 1943, in respect of that hereditament or part of a hereditament, as might reasonably have been expected to become payable if the relevant land had not been compulsorily acquired.

(3)In this paragraph " hereditament" has the same meaning as in the War Damage Act, 1943.

5(1)Where a local authority have before the commencement of this Act made and submitted to the Minister an order under paragraph 8 of the Fifth Schedule to the Town and Country Planning (Scotland) Act, 1945 (which contains provisions similar to those of paragraph 1 of this Part of this Schedule), but the Minister has not confirmed that order before the commencement of this Act, sub-paragraphs (2), (4) and (5) of paragraph 1 of this Part of this Schedule shall apply in relation to that order as if—

(a)the order had been made under paragraph 1 of this Part of this Schedule, and

(b)the reference in sub-paragraph (4) of paragraph 1 of this Part of this Schedule to persons on whom notices are required to be served were a reference to persons on whom notices are required to be served under sub-paragraph (2) of the said paragraph 8.

(2)Any reference in paragraph 2 or paragraph 4 of this Part of this Schedule to an order made and confirmed under paragraph 1 of this Part of this Schedule shall be construed as including a reference to an order—

(a)made and confirmed under the said paragraph 8, or

(b)made under the said paragraph 8 and confirmed under the provisions of paragraph 1 of this Part of this Schedule applied by the preceding sub-paragraph.

(3)In this paragraph any reference to the said paragraph 8 includes a reference to the provisions of that paragraph as extended or applied by or under any other enactment.

6In this Part of this Schedule " Act of 1950 " means the Housing (Scotland) Act, 1950, and "house" has the meaning assigned to it by section one hundred and eighty-four of that Act.

7This Part of this Schedule shall apply to Scotland only.

Sections 18, 52.

THIRD SCHEDULEApplication of Section Eighteen to Special Cases

Disturbance, severance and injurious affection

1The provisions of the next following paragraph shall have effect for the purposes of the application of section eighteen of this Act to cases where the compensation or purchase price in respect of the interest acquired or purchased—

(a)included an amount attributable to disturbance, or attributable to damage sustained in respect of an interest in land held with the land comprised in the acquisition or sale (in this Schedule referred to as " the interest affected") by reason that the land so held was severed from the land comprised in the acquisition or sale, or was injuriously affected, or

(b)would have included such an amount if the planning decision referred to in subsection (1) of that section had been made before the relevant date, and the planning permission thereby granted had been in force on that date.

2(1)Subject to the next following sub-paragraph,—

(a)any reference in subsection (2) of 'that section to the principal amount of the compensation which was payable in respect of the compulsory acquisition, or, in the case of a sale by agreement, the amount of the purchase price, shall be construed as including any amount which was included therein as mentioned in sub-paragraph (a) of the preceding paragraph ; and

(b)any reference in subsection (2) of that section to the principal amount of the compensation which would have been payable as therein mentioned shall be construed as including any amount which would have been included therein as mentioned in sub-paragraph (b) of the preceding paragraph.

(2)If, at the time of the planning decision in question, the person entitled to the compensation under section eighteen of this Act is not entitled to the interest affected, either in respect of the whole of the land in which that interest subsisted at the time of the acquisition or sale or in respect of part of that land, any such reference as is mentioned in the preceding sub-paragraph shall be construed as excluding so much of the compensation or purchase price in question as was or would have been attributable to severance or injurious affection of the land in which the interest affected subsisted, or of the part thereof in respect of which that person is not entitled to the interest affected, as the case may be.

Increase in value of contiguous or adjacent land

3The provisions of the next following paragraph shall have effect for the purposes of the application of section eighteen of this Act to cases where the compensation or purchase price in respect of the interest acquired or purchased—

(a)was reduced (whether by virtue of subsection (4) of section nine of this Act or otherwise) by reason of an increase in the value of an interest in contiguous or adjacent land (in this Schedule referred to as " the interest in adjacent land ") being an interest belonging to the person who on the relevant date was entitled to the interest acquired or purchased, or

(b)would have been so reduced if the planning decision referred to in subsection (1) of the said section eighteen had been made before the relevant date, and the planning permission thereby granted had been in force on that date.

4(1)Subject to the following provisions of this paragraph—

(a)any reference in subsection (2) of section eighteen of this Act to the principal amount of the compensation which was payable in respect of the compulsory acquisition, or, in the case of a sale by agreement, the amount of the purchase price, shall be construed as a reference to that amount as reduced as mentioned in sub-paragraph (a) of the last preceding paragraph ; and

(b)any reference in subsection (2) of that section to the principal amount of the compensation which would have been payable as therein mentioned shall be construed as a reference to that amount as it would have been reduced in the circumstances mentioned in sub-paragraph (b) of the last preceding paragraph.

(2)If, at the time of the planning decision in question, the person entitled to the compensation under section eighteen of this Act is not entitled to the interest in adjacent land, any such reference as is mentioned in the preceding sub-paragraph shall be construed as a reference to the amount which would have been the principal amount of the compensation or the amount of the purchase price, as mentioned in subsection (2) of the said section eighteen, if the circumstances, by reason of which the compensation or purchase price was or would have been reduced, had not existed.

(3)If, at the time of the planning decision in question, the person entitled to the compensation under section eighteen of this Act is entitled to the interest in adjacent land, but only in respect of part of the land in which that interest subsisted at the time of the acquisition or sale, any such reference shall be construed as a reference to the amount which would have been the principal amount of the compensation or the amount of the purchase price, as mentioned in subsection (2) of the said section eighteen, if the interest in adjacent land had subsisted only in that part of that land.

Mortgaged land

5Subject to the provisions of this Schedule relating to settled land, where, in a case falling within subsection (1) of section eighteen or subsection (1) of section twenty-one of this Act, the interest in land which was acquired or sold was subject to a mortgage, any reference in section eighteen of this Act to the person to whom the compensation or purchase price was payable, or to the person referred to in subsection (2) of the said section eighteen, and any reference in section nineteen of this Act to the person entitled to receive the compensation or purchase price, shall be construed as a reference to the person who, subject to the mortgage, was entitled to that interest, and not as a reference to the mortgagee.

6For the purposes of the application of section eighteen or section twenty-one of this Act, and of the provisions of this Schedule other than this paragraph, to a case falling within the last preceding paragraph, any reference to the principal amount of the compensation which was payable in respect of the compulsory acquisition shall be construed as a reference to the principal amount of the compensation which would have been payable in respect thereof if the interest in question had not been subject to a mortgage; and any reference to the principal amount of the compensation which would in any particular circumstances have been payable in respect of a compulsory acquisition shall be construed as a reference to the principal amount of the compensation which would in those circumstances have been payable in respect of such a compulsory acquisition if the interest in question had not been subject to a mortgage.

7No compensation shall be payable toy virtue of section eighteen of this Act, or by virtue of the provisions of that section as extended by section twenty-one of this Act, in respect of a compulsory acquisition or sale by agreement, where the interest acquired or sold was the interest of a mortgagee (as distinct from an interest subject to a mortgage).

Settled land

8(1)Where, in a case falling within subsection (1) of section eighteen or subsection (1) of section twenty-one of this Act, the interest in land which was acquired or sold was subject to a settlement, and accordingly the compensation or purchase price was payable to the trustees of that settlement, any reference in section eighteen of this Act to the person to whom the compensation or purchase price was payable, and any reference in section nineteen of this Act to the person entitled to receive the compensation or purchase price, shall be construed as a reference to the trustees for the time being of the settlement.

(2)Where the preceding sub-paragraph applies, subsection (5) of section eighteen of this Act shall not apply.

(3)Any compensation paid to the trustees of a settlement by virtue of section eighteen of this Act, or by virtue of the provisions of that section as extended by section twenty-one of this Act, in respect of a compulsory acquisition or sale by agreement, shall be applicable by the trustees as if k were proceeds of the sale of the interest acquired or sold.

(4)In this paragraph " settlement" means a settlement within the meaning of the Settled Land Act, 1925, or a trust for sale within the meaning of the Law of Property Act, 1925.

General provisions

9In any case Where the conditions mentioned both in paragraph 1. and in paragraph 3 of this Schedule are fulfilled in respect of the same interest in land, other than the interest acquired or purchased (whether toy reason that the case falls within sub-paragraph (a) of paragraph 1 of this Schedule and within sub-paragraph (b) of paragraph 3 thereof, or falls within sub-paragraph (b) of paragraph 1 and within sub-paragraph (a) of paragraph 3), the provisions of paragraphs 2. and 4 of this Schedule, so far as applicable, shall apply with the necessary modifications.

10(1)The provisions of this Schedule shall have effect, in relation to any planning permission which, in accordance with any direction or provision given or made by or under an enactment, is deemed to have been granted, as if a planning decision granting that permission had been made at the time when, by virtue of that direction or provision, the permission is deemed to have been granted.

(2)Subsection (1) of section twenty-one of this Act shall apply for the purposes of this Schedule as it applies for the purposes of section eighteen of this Act.

11In this Schedule "the relevant date" has the same meaning as in section eighteen of this Act.

Application to Scotland

12In the application of the foregoing provisions of this Schedule to Scotland—

(a)for any reference to a mortgage there shall be substituted a reference to a heritable security, and for any reference, in relation to such a security, to the mortgagee there shall be substituted a reference to the heritable creditor ;

(b)any reference to a settlement shall, notwithstanding anything in the foregoing provisions of this Schedule, be construed as a reference to a trust within the meaning of the Trusts (Scotland) Act, 1921 ; and

(c)any reference to settled land shall be construed as a reference to land subject to such a trust.

13(1)Where in a case falling within paragraph (c) of subsection (9) of section eighteen of this Act, or that paragraph as extended by subsection (1) of section twenty-one of this Act, the consideration under section one hundred and eight of the Lands Clauses Consolidation (Scotland) Act, 1845 (as read with section sixty-two of the Scottish Act of 1954) was paid to the trustees of a trust within the meaning of the Trusts (Scotland) Act, 1921, any reference in the said paragraph (c) or in subsection (7) of section nineteen of this Act to the person who has received the consideration shall be construed as a reference to the trustees for the time being of the trust.

(2)Where the preceding sub-paragraph applies, paragraph (d) of subsection (9) of section eighteen of this Act shall not apply.

(3)Any additional consideration paid to the trustees of a trust by virtue of section eighteen of this Act, or by virtue of the provisions of that section as extended by section twenty-one of this Act, in respect of a compulsory acquisition or sale by agreement, shall be applicable by the trustees as if it were consideration received by them under section one hundred and eight of the Lands Clauses Consolidation (Scotland) Act, 1845, as read with section sixty-two of the Scottish Act of 1954.

(4)This paragraph shall apply to Scotland only.

Section 22.

FOURTH SCHEDULEAuthorities to whom Part II applies

PART I

Authorities in England and Wales

1The council of a county, county borough or county district, or of a metropolitan borough.

2The Common Council of the City of London.

3The Council of the Isles of Scilly.

4A joint education board constituted under Part I of the First Schedule to the Education Act, 1944.

5A joint planning board constituted under subsection (2) of section four of the Act of 1947.

6A joint board constituted under any of the provisions of the Public Health Act, 1936, or under sections two hundred and seventy-nine and two hundred and eighty of the Public Health Act, 1875, or under any enactment (not contained in either of those Acts) relating to the drainage of any locality by means of sewers or the disposal of sewage.

7A coast protection board constituted under section two of the Coast Protection Act, 1949.

8A combined police authority within the meaning of the Police Act, 1946.

9A fire authority constituted by a combination scheme under section six of the Fire Services Act, 1947.

10A river board established under the River Boards Act, 1948.

11A drainage authority (other than a river board) within the meaning of the Land Drainage Act, 1930.

12Any body of persons (not falling within any of the preceding paragraphs) being statutory water undertakers within the meaning of the Water Act, 1945.

13Any joint board established by or under a local enactment for the provision of crematoria.

PART II

Authorities in Scotland

1A local authority within the meaning of the Local Government (Scotland) Act, 1947.

2A joint board or joint committee constituted for the purpose of performing all or any of the functions of two or more local authorities within the meaning of the said Act of 1947 under that Act or any of the following enactments, that is to say—

• the Burial Ground (Scotland) Act, 1855 ;

• the Cremation Act, 1902 ;

• the Fire Services Act, 1947 ;

• the Scottish Act of 1947 ;

• the National Health Service (Scotland) Act, 1947 ;

• the Children Act, 1948 ;

• the Civil Defence Act, 1948 ;

• the Police (Scotland) Act, 1956.

3A local water authority within the meaning of the Water (Scotland) Act, 1946.

4A river purification board established under the Rivers (Prevention of Pollution) (Scotland) Act, 1951.

5Any authority constituted under a local enactment

Sections 43, 44.

FIFTH SCHEDULESupplementary Provisions as to Purchase of Owner-Occupier's Interest

Interpretation of Part IV of Act

1(1)If any question arises—

(a)whether the appropriate authority in relation to any land for the purposes of Part IV of this Act is the Minister of Transport and Civil Aviation or a local highway authority, or

(b)which of two or more local highway authorities is the appropriate authority in relation to any land for those purposes,

that question shall be referred to the Minister of Transport and Civil Aviation, whose decision shall be final.

(2)Subject to the preceding sub-paragraph, if any question arises as to which of two or more local authorities is the appropriate authority in relation to any land for the purposes of Part IV of this Act, that question shall be referred to the Minister, whose decision shall be final.

2(1)The definition of " the appropriate enactment" in Part IV of this Act shall have effect subject to the following provisions of this paragraph.

(2)In relation to land falling within the description contained in paragraph (b) of subsection (1) of section thirty-nine of this Act, an enactment shall, for the purposes of that definition, be taken to be an enactment which provides for the compulsory acquisition of land as being land falling within that description if—

(a)the enactment provides for the compulsory acquisition of land for the purposes of the functions which are indicated in the development plan as being the functions for the purposes of which the land is allocated or is proposed to be developed, or

(b)where no particular functions are so indicated in the development plan, the enactment provides for the compulsory acquisition of land for the purposes of any of the functions of the government department, local authority or other body for the purposes of whose functions the land is allocated or is defined as the site of proposed development.

(3)Where, in accordance with the circumstances by virtue of which any land falls within any of the specified descriptions, it is indicated that the land is proposed to be acquired for highway purposes, any enactment under which a highway authority are or (subject to the fulfilment of the relevant conditions) could be authorised to acquire that land compulsorily for highway purposes shall, for the purposes of the said definition, be taken to be an enactment providing for the compulsory acquisition of that land as being land falling within the description in question.

(4)In the last preceding sub-paragraph the reference to the fulfilment of the relevant conditions is a reference to such one or more of the following as are applicable to the circumstances in question, that is to say,—

(a)the coming into operation of any requisite order under the provisions of Part II of the Highways Act, 1959, relating to trunk roads;

(b)the coming into operation of any requisite scheme or order under the provisions of the said Part II relating to special roads;

(c)the making or approval of any requisite plans.

(5)If, apart from this sub-paragraph, two or more enactments would be the appropriate enactment in relation to any land for the purposes of Part IV of this Act, the appropriate enactment for those purposes shall be taken to be that one of those enactments under which, in the circumstances in question, it is most likely that (apart from the provisions of Part IV of this Act) the land would have been acquired by the appropriate authority.

(6)If any question arises as to which enactment is the appropriate enactment in relation to any land for the purposes of Part IV of this Act, that question shall be referred—

(a)where the appropriate authority are a government department, to the Minister or Board in charge of that department ;

(b)Where the appropriate authority are a local highway authority, to the Minister of Transport and Civil Aviation;

(c)where the appropriate authority are statutory undertakers, to the appropriate Minister ; and

(d)in any other case, to the Minister,

and the decision of the Minister or Board to whom a question is referred under this sub-paragraph shall be final.

3(1)The provisions of this paragraph shall have effect in relation to the definition of "hereditament" in Part IV of this Act.

(2)Where any land is on the boundary between two or more rating areas, and accordingly—

(a)different parts of that land form the subject of single entries in the valuation lists for the time being in force for those areas respectively, but

(b)if the whole of that land had been in one of those areas, it would have formed the subject of a single entry in the valuation list for that area,

the whole of that land shall be treated, for the purposes of that definition, as if it formed the subject of a single entry in the valuation list for a rating area.

(3)Land which forms the subject of an entry in the valuation list by reason only that it is land over which any shooting, fishing or other sporting rights are exercisable, or that it is land over which a right of exhibiting advertisements is let out or reserved, shall not be taken to be a hereditament within the said definition.

4Where, in accordance with the last preceding paragraph, land whereof different parts form the subject of single entries in the valuation lists for the time being in force for two or more rating areas is treated as if it formed the subject of a single entry in the valuation list for a rating area, the definition of " annual value " in Part IV of this Act shall apply as if any reference therein to a value shown in the valuation hst were a reference to the aggregate of the values shown (as rateable values or as net annual values, as the case may be) in those valuation lists in relation to the different parts of that land.

5(1)For the purposes of the application of Part IV of this Act to a hereditament or agricultural unit occupied for the purposes of a partnership firm—

(a)occupation for the purposes of the firm shall be treated as occupation by the firm, and not as occupation by any one or more of the partners individually, and the definitions of " owner-occupier" in Part IV of this Act shall apply in relation to the firm accordingly ; and

(b)if, after the service by the firm of a notice under section thirty-nine of this Act, any change occurs (whether by death or otherwise) in the constitution of the firm, any proceedings, rights or obligations consequential upon that notice may be carried on or exercised by or against, or (as the case may be) shall be incumbent upon, the partners for the time being constituting the firm.

(2)Nothing in Part IV of this Act or in this paragraph shall be construed as indicating an intention to exclude the operation of section nineteen of the Interpretation Act, 1889 (whereby, unless the contrary intention appears, " person" includes any body of persons corporate or unincorporate) in relation to any of the provisions of Part IV of this Act or this Schedule.

(3)Sub-paragraph (1) of this paragraph shall not affect the definition of " resident owner-occupier" in Part IV of this Act.

Compensation for compulsory acquisition in pursuance of notice under Part IV of Act

6The compensation payable in respect of a compulsory acquisition in pursuance of a notice served under section thirty-nine of this Act in respect of a hereditament—

(a)shall not include any amount attributable to damage sustained by reason that the hereditament is severed from other land held therewith, and

(b)shall not include any amount attributable to disturbance:

Provided that sub-paragraph (a) of this paragraph shall not apply to an amount attributable to damage sustained by reason that the hereditament is severed from agricultural land held therewith.

7The compensation payable in respect of a compulsory acquisition in pursuance of a notice served under section thirty-nine of this Act in respect of an agricultural unit shall not include any amount attributable to disturbance.

Withdrawal of notice under Part IV of Act

8Subject to the next following paragraph, the person by whom a notice has been served under section thirty-nine of this Act may withdraw the notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the notice has been determined by the Lands Tribunal, or at any time before the end of the period of six weeks beginning with the date on which the compensation is so determined ; and, where such a notice is withdrawn by virtue of this paragraph, any notice to treat deemed to have been served in consequence thereof shall be deemed to have been withdrawn.

9A person shall not be entitled by virtue of the last preceding paragraph to withdraw a notice after the appropriate authority have exercised a right of entering upon and taking possession of land in pursuance of a notice to treat deemed to have been served in consequence of that notice.

10No compensation shall be payable in respect of the withdrawal of a notice to treat which is deemed to have been withdrawn by virtue of paragraph 8 of this Schedule.

Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire

11(1)The provisions of this paragraph shall have effect where the grounds of objection specified in a counter-notice served under section forty of this Act consist of or include the grounds mentioned in paragraph (b) of subsection (2) of that section, and either—

(a)the objection on the grounds mentioned in that paragraph is referred to and upheld by the Lands Tribunal, or

(b)the time for referring that objection to the Lands Tribunal expires without its having been so referred.

(2)If a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes the whole or part of the hereditament or agricultural unit to which the counter-notice relates, or if the land in question falls within paragraph (d) of subsection (1) of section thirty-nine of this Act, any power conferred by that order, or by the special enactment, as the case may be, for the compulsory acquisition of the interest of the claimant in the hereditament or agricultural unit or any part thereof shall cease to have effect.

(3)If the land in question falls within paragraph (a) of subsection (1) of section thirty-nine of this Act, then (without prejudice to the effect of any subsequent designation) the development plan shall have effect as if no part of the hereditament, or (in the case of an agricultural unit) no part of the affected area, were designated therein as land subject to compulsory acquisition.

12(1)The provisions of this paragraph shall have effect where the grounds of objection specified in a counter-notice under section forty of this Act consist of or include the grounds mentioned in paragraph (c) of subsection (2) of that section, and either—

(a)the objection on the grounds mentioned in that paragraph is referred to and upheld by the Lands Tribunal, or

(b)the time for referring that objection to the Lands Tribunal expires without its having been so referred.

In the following provisions of this paragraph any reference to " the part of the affected area not required " is a reference to the whole of that area except the part specified in the counter-notice as being the part which the appropriate authority propose to acquire as therein mentioned.

(2)If a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes any of the part of the affected area not required, or if the land in question falls within paragraph (d) of subsection (1) of section thirty-nine of this Act, any power conferred by that order, or by the special enactment, as the case may be, for the compulsory acquisition of the interest of the claimant in any land comprised in the part of the affected area not required shall cease to have effect.

(3)If the land in question falls within paragraph (d) of subsection (1) of section thirty-nine of this Act, then (without prejudice to the effect of any subsequent designation) the development plan shall have effect as if no land comprised in the part of the affected area not required were designated therein as land subject to compulsory acquisition.

Supplementary and general provisions

13(1)In relation to any time after the death of a person who has served a notice under section thirty-nine of this Act, subsection (1) of section forty, subsection (1) of section forty-one and subsection (3) of section forty-two of this Act shall apply subject to the following provisions of this paragraph.

(2)In the application of those subsections to England and Wales, any reference to the claimant shall be construed as a reference to the claimant's personal representatives.

(3)In the application of those subsections to Scotland, any reference to the claimant shall be construed as a reference to the person who, on the claimant's death, has succeeded to his interest in the hereditament or agricultural unit in question.

14Without prejudice to the provisions of paragraph 8 of this Schedule, the power conferred by subsection (2) of section five of the Act of 1919 to withdraw a notice to treat shall not be exercisable in the case of a notice to treat which is deemed to have been served by virtue of Part IV of this Act.

15Expressions used in this Schedule and in Part IV of this Act have the same meanings in this Schedule as in that Part of this Act.

16Where by any provision of this Schedule power is conferred to determine any question for the purposes of Part IV of this Act, any exercise of that power shall have effect for the purposes of this Schedule as well as for the purposes of that Part of this Act.

17In the application of this Schedule to Scotland, for any reference to the Minister of Transport and Civil Aviation there shall be substituted a reference to the Minister; for any reference to a highway (except in the expression " highway authority " ) there shall be substituted a reference to a road ; for any reference to a rating area there shall be substituted a reference to a valuation area, and, in relation to a valuation area, for any reference to the valuation list there shall be substituted a reference to the valuation roll; and for references to the provisions of Part II of the Highways Act, 1959, relating to trunk roads and special roads there shall be substituted references respectively to the Trunk Roads Act, 1946, and the Special Roads Act, 1949.

Sections 52, 54.

SIXTH SCHEDULEReduction or Extinguishment of Unexpended Balance of Established Development Value

PART IGeneral Provisions

1(1)Where in the case of—

(a)a compulsory acquisition to which section one of this Act applies, or

(b)a sale of an interest in land by agreement in circumstances corresponding to such an acquisition,

any of the land in which the interest acquired or sold subsisted had an unexpended balance of established development value immediately before the relevant date (in this paragraph referred to as " the relevant balance "), the following provisions of this paragraph shall have effect for the purpose of determining whether that land or any part thereof has an unexpended balance of established development value at any subsequent time.

(2)Unless, immediately after the acquisition or sale, there is outstanding some interest (other than an excepted interest) in that land to which some person other than the acquiring authority is entitled, the original unexpended balance of established development value of that land shall be treated for the purposes of the Act of 1954 as having been extinguished immediately before that subsequent time.

(3)If, immediately after the acquisition or sale, there is such an outstanding interest (other than an excepted interest) as is mentioned in the last preceding sub-paragraph, there shall be deducted from the said original balance an amount equal to any part of the relevant balance which is not attributable to any such outstanding interest, and the original balance of established development value of that land or that part thereof shall be treated for the purposes of the Act of 1954 as having been reduced or extinguished accordingly immediately before that subsequent time.

(4)For the purposes of this paragraph any question as to the portion of the relevant balance which is attributable to an interest in land—

(a)in relation to a compulsory acquisition to which section one of this Act applies, shall be determined in accordance with the provisions of Part II of this Schedule, and

(b)in relation to a sale of an interest in land by agreement in circumstances corresponding to such an acquisition, shall be determined in accordance with the provisions of Part II of this Schedule as those provisions would apply if the sale had been a compulsory acquisition in pursuance of a notice to treat served on the relevant date.

2(1)Where, in connection with a compulsory acquisition to which section one of this Act applies, compensation is payable in respect of an interest in land other than the relevant land, for damage sustained by reason that the relevant land is severed from other land held therewith, or that any other land (whether held with the relevant land or not) is injuriously affected, then, for the purpose of determining whether that other land or any part thereof has an unexpended balance of established development value at any subsequent time, there shall be deducted from the original unexpended balance of established development value (if any) of that other land an amount calculated in accordance with the next following sub-paragraph, and the original balance of that land, or of the part thereof in question, as the case may be, shall be treated as having been reduced or extinguished accordingly immediately before that subsequent time.

(2)The amount referred to in the preceding sub-paragraph is the amount (if any) by which the compensation payable as mentioned in that sub-paragraph exceeds the compensation which would have been so payable if the extent of the damage sustained in respect of the other land in question had fallen to be ascertained on the assumption that planning permission would be granted for development of any class specified in the Third Schedule to the Act of 1947, but would not be granted for any other development of that land.

3The last preceding paragraph shall have effect in relation to a sale of an interest in land by agreement in circumstances corresponding to a compulsory acquisition to which section one of this Act applies as that paragraph has effect in relation to such an acquisition, but subject to the modification that—

(a)any reference to the relevant land shall be construed as a reference to the land sold, and

(b)any reference to compensation payable in respect of an interest in land shall be construed as a reference to an amount included in the purchase price in respect of that interest.

4In this Schedule " interest in land ", " unexpended balance of established development value " and " original unexpended balance of established development value " have the same meanings as in the Act of 1954; "excepted interest" means the interest of any such person as is mentioned in section one hundred and twenty-one of the Lands Clauses Consolidation Act, 1845 (which relates to persons having no greater interest than as tenant for a year or from year to year); and " the relevant date" means the date of service of the notice to treat or the date of the contract in pursuance of which the interest was sold, as the case may be.

5In the application of this Part of this Schedule to Scotland—

(a)for any reference to the Act of 1954 there shall be substituted a reference to the Scottish Act of 1954 ;

(b)for any reference to the Act of 1947 there shall be substituted a reference to the Scottish Act of 1947 ;

(c)for any reference to section one hundred and twenty-one of the Lands Clauses Consolidation Act, 1845, there shall be substituted a reference to section one hundred and fourteen of the Lands Clauses Consolidation (Scotland) Act, 1845; and

(d)for any reference to Part II of this Schedule there shall be substituted a reference to Part III of this Schedule.

PART IISpecial Provisions for Apportionment in England and Wales

Determination of relevant area

6(1)Where, in the case of a compulsory acquisition to which section one of this Act applies, any area of the relevant land which, immediately before the service of the notice to treat, has an unexpended balance of established development value does not satisfy the conditions set out in the next following sub-paragraph, that area shall be treated as divided into as many separate areas as may be requisite to ensure that each of those separate areas satisfies those conditions.

(2)The conditions referred to in the preceding sub-paragraph are—

(a)that all the interests (other than excepted interests) subsisting in the area in question subsist in the whole thereof; and

(b)that any rentcharge charged on the area in question is charged on the whole thereof.

(3)Any area of the relevant land which has an unexpended balance of established development value and which complies with the conditions set out in the last preceding sub-paragraph is in this Part of this Schedule referred to, in relation to the interests subsisting therein, as " the relevant area", and the subsequent provisions of this Part of this Schedule shall have effect separately in relation to each relevant area.

Preliminary calculations

7There shall be calculated the amount referable to the relevant area of the rent which might reasonably be expected to be reserved if the relevant land were to be let on terms prohibiting the carrying out of any new development but permitting the carrying out of any other development; and the amount so calculated is in this Part of this Schedule referred to as " the existing use rent".

8(1)If in the case of an interest in fee simple which is subject to a rentcharge, or in the case of a tenancy, so much of the rent reserved under the rentcharge or tenancy as is referable to the relevant area exceeds the existing use rent, there shall be calculated the capital value of the right to receive, for the period of the remainder of the term of the rentcharge or tenancy, an annual payment equal to the excess ; and any amount so calculated in the case of any interest is in this Part of this Schedule referred to as " the rental liability" of that interest.

(2)Where the interest in fee simple is subject to more than one rentcharge, then, for the purposes of the preceding sub-paragraph, as respects any period included in the term of two or more of those rentcharges, those two or more rentcharges shall be treated as a single rentcharge charged on the relevant area for the duration of that period with a rent reserved thereunder of an amount equal to the aggregate of so much of their respective rents as is referable to the relevant area.

9In the case of any interest in reversion—

(a)there shall be calculated the capital value, as at the time immediately before the service of the notice to treat, of the right to receive a sum equal to the unexpended balance of established development value of the relevant area at that time, but payable at the end of the tenancy upon the termination of which the interest in question is immediately expectant; and the amount so calculated in the case of any interest is in this Part of this Schedule referred to as " the reversionary development value" of that interest;

(b)if so much of the rent reserved under the said tenancy as is referable to the relevant area exceeds the existing use rent, there shall also be calculated the capital value as at the said time of the right to receive, for the period of the remainder of the term of that tenancy, an annual payment equal to the excess ; and any amount so determined in the case of any interest is in this Part of this Schedule referred to as " the rental increment" of that interest.

Apportionment of unexpended balance between interests

10Where two or more interests (other than excepted interests) subsist in the relevant area, the portion of the unexpended balance of established development value of the relevant area attributable to each respectively of those interests shall be taken to be the following, that is to say—

(a)in the case of the interest in fee simple, an amount equal to the reversionary development value of that interest, less the amount (if any) by which any rental liability of that interest exceeds any rental increment thereof;

(b)in the case of a tenancy in reversion, an amount equal to the reversionary development value of that tenancy, less the aggregate of—

(i)the reversionary development value of the interest in reversion immediately expectant upon the termination of that tenancy, and

(ii)the amount (if any) by which any rental liability of that tenancy exceeds any rental increment thereof;

(c)in the case of a tenancy other than a tenancy in reversion, the remainder (if any) of the said balance after the deduction of the aggregate of—

(i)the reversionary development value of the interest in reversion immediately expectant upon the termination of that tenancy, and

(ii)any rental liability of that tenancy.

Interpretation

11In this Part of this Schedule—

(a)" tenancy " does not include an excepted interest;

(b)any reference to an interest or tenancy in reversion does not include an interest or tenancy in reversion immediately expectant upon the termination of an excepted interest;

(c)" new development" means any development other than development of a class specified in the Third Schedule to the Act of 1947.

12This Part of this Schedule shall not apply to Scotland.

PART IIISpecial Provisions for Apportionment in Scotland

Determination of relevant area

13(1)Where, in the case of a compulsory acquisition to which section one of this Act applies, any area of the relevant land which, immediately before the service of the notice to treat, had an unexpended balance of established development value does not satisfy the condition set out in the next following sub-paragraph, that area shall be treated as divided into as many separate areas as may be requisite to ensure that each of those separate areas satisfies that condition.

(2)The condition referred to in the preceding sub-paragraph is that all the interests (other than excepted interests) subsisting in the area in question subsist in the whole thereof.

(3)Any area of the relevant land which has an unexpended balance of established development value and which complies with the condition set out in the last preceding sub-paragraph is in this Part of this Schedule referred to in relation to the interests subsisting therein as " the relevant area", and the subsequent provisions of this Part of this Schedule shall have effect separately in relation to each relevant area.

Preliminary calculations

14In the case of the interest of the lessor under any lease there shall be calculated the capital value as at the time immediately before the service of the notice to treat of the right to receive a sum equal to the unexpended balance of established development value of the relevant area at that time, but payable at the expiration of the lease ; and the amount so calculated in the case of any such interest is in this Part of this Schedule referred to as " the reversionary development value " of that interest.

Apportionment of unexpended balance between interests

15Where two or more interests other than excepted interests, subsist in the relevant area, the portion of the unexpended balance of established development value of the relevant area attributable to each respectively of those interests shall be taken to be the following, that is to say—

(a)in the case of the interest of the lessor under any lease, so much, if any, of the reversionary development value of that interest, as remains after the deduction therefrom of the aggregate of—

(i)the reversionary development value of the interest of the person, if any, to whom that lessor stands in the relationship of lessee ; and

(ii)in a case where the restricted value of the first-mentioned interest is a minus quantity, an amount equal to that minus quantity;

(b)in the case of the interest of the lessee under any lease which is not subject to a sub-lease, so much, if any, of the said balance as remains after the deduction therefrom of the aggregate of—

(i)the reversionary development value of the interest of the lessor under the lease, and

(ii)in a case where the restricted value of the first-mentioned interest is a minus quantity, an amount equal to that minus quantity.

Interpretation

16In this Part of this Schedule the expression " lease " does not include any lease in the case of which the interest of the lessee is an excepted interest.

17This Part of this Schedule shall apply to Scotland only.

Section 58.

SEVENTH SCHEDULEEnactments Amended

The Agriculture Act, 1947

In section fifty-eight, in paragraph (b) of subsection (7), for the words from " as a condition of consenting" to the end of the paragraph, there shall be substituted the words " where any of the land to which estimates submitted under this section relate is subsequently sold, exchanged, let or appropriated otherwise than in accordance with the proposals on which the estimates were based, to require the smallholdings authority to furnish the Minister with such particulars of the sale, exchange, letting or appropriation as may be determined by or under the regulations, and may empower the Minister to adjust contributions as he may mink fit having regard to those particulars ".

The Town and Country Planning Act, 1947

In section eighteen, after subsection (5), there shall be inserted the following subsection:—

“(6)Where permission to develop land is granted by a development order subject to limitations, nothing in this Part of this Act shall be construed as requiring permission to be obtained thereunder for the use of that land which (apart from its use in accordance with that permission) is the normal use of that land, unless the last-mentioned use was begun in contravention of the provisions of this Part of this Act or was begun before the appointed day in contravention of previous planning control within the meaning of section seventy-five of this Act”.

In section nineteen, in subsection (2), for the words " that council shall forthwith transmit a copy of the notice to the Minister " there shall be substituted the words " and that council propose to serve on the owner a notice in accordance with paragraph (c) of subsection (1A) of this section, they shall transmit a copy of the purchase notice to the Minister, together with a statement of their reasons ". , for the words " the foregoing subsection " there shall be substituted the words " subsection (1) of this section ", and in paragraph (c) of the proviso to that subsection, after the word " authority " there shall be inserted the words " or statutory undertakers " ; in subsection (3), for the words " the date on which a purchase notice is served under this section ", there shall be substituted the words " the end of the period specified in subsection (1A) of this section, or the date on which a copy of the purchase notice is transmitted to the Minister, whichever is the earlier ", and for the words " last foregoing subsection " there shall be substituted the words " proviso to subsection (2) of this section "; and in subsection (5), after the word " authority" in paragraph (d), there shall be inserted the words " or statutory undertakers " for the words " or authority" there shall be substituted the words " authority or statutory undertakers ", and for the words " and authorities " there shall be substituted the words " authorities and undertakers " .

In section twenty, in subsections (3) and (4), for the words " compulsory purchase value ", in each place where they occur, there shall be substituted the words " existing use value "; and at the end of subsection (4) there shall be added the words " and the purchase were not a compulsory acquisition to which section one of the Town and Country Planning Act, 1959, applies " .

In section twenty-three, in subsections (1), (2) and (4), after the word " conditions", in each place where that word occurs, there shall be inserted the words " or limitations ", and in subsection (1), after the words " non-compliance with a condition ", there shall be inserted the words " or limitation " .

In section twenty-four, in subsection (3), after the word "condition" there shall be inserted the words " or limitations " .

In section twenty-seven, in paragraph (a) of subsection (3), for the words "the foregoing subsection" there shall be substituted the words " subsection (1) of this section " .

In section fifty-four, after subsection (2), there shall be inserted the following subsection:—

“(2A)Where, in the case of a compulsory acquisition to which section one of the Town and Country Planning Act, 1959, applies,—

(a)Part VIII of the Requisitioned Land and War Works Act, 1945, applies to the acquisition, and

(b)the land is requisitioned land and the period of requisition had begun before the appointed day,

subsections (3) and (4) of section three of the said Act of 1959 shall have effect as if for any reference to the appointed day in the Third Schedule to this Act there were substituted a reference to the beginning of the period of requisition”

and in subsection (3), after the words " paragraph (a) ", there shall be inserted the words " of subsection (2) of this section or by virtue "; .

The Town and Country Planning (Scotland) Act, 1947

In section sixteen, after subsection (5), there shall be inserted the following subsection:—

“(6)Where permission to develop land is granted by a development order subject to limitations, nothing in this Part of this Act shall be construed as requiring permission to be obtained thereunder for the use of that land which (apart from its use in accordance with that permission) is the normal use of that land, unless the last-mentioned use was begun in contravention of the provisions of this Part of this Act or was begun before the appointed day in contravention of previous planning control within the meaning of section seventy-two of this Act.”

In section seventeen, in subsection (2), for the words " that authority shall forthwith transmit a copy of the notice to the Secretary of State " there shall be substituted the words " and that authority propose to serve on the owner a notice in accordance with paragraph (c) of subsection (1a) of this section, they shall transmit a copy of the purchase notice to the Secretary of State, together with a statement of their reasons " ; for the words " the foregoing subsection " there shall be substituted the words " subsection (1) of this section ; " and in paragraph (c) of the proviso to that subsection, after the word " authority", in the first place where it occurs, there shall be inserted the words " or statutory undertakers " and after the word " authority " in the second place where it occurs, there shall be inserted the words " or, as the case may be, those statutory undertakers " ; in subsection (3), for the words " the date on which a purchase notice is served under this section ", there shall be substituted the words " the end of the period specified in subsection (1a) of this section, or the date on which a copy of the purchase notice is transmitted to the Secretary of State, whichever is the earlier ", " and in subsection (5), after the word " authority" in paragraph (c), there shall be inserted the words " or statutory undertakers ", for the words " or authority" there shall be substituted the words " authority or statutory undertakers ", and for the words " and authorities " there shall be substituted the words " authorities and undertakers " .

In section eighteen, in subsections (3) and (4) for the words " compulsory purchase value ", in each place where they occur, there shall be substituted the words " existing use value "; and at the end of subsection (4) there shall be added the words " and the purchase were not a compulsory acquisition to which section one of the Town and Country Planning Act, 1959, applies " .

In section twenty-one, in subsections (1), (2) and (4), after the word " conditions ", in each place where that word occurs, there shall be inserted the words " or limitations " .

In section twenty-two, in subsection (3), after the word "conditions" there shall be inserted the words " or limitations " .

In section twenty-five, in paragraph (a) of subsection (3), for the words " the foregoing subsection" there shall be substituted the words " subsection (1) of this section " .

In section fifty-one, after subsection (2), there shall be inserted the following subsection:—

“(2A)Where, in the case of a compulsory acquisition to which section one of the Town and Country Planning Act, 1959, applies,—

(a)Part VIII of the Requisitioned Land and War Works Act, 1945, applies to the acquisition, and

(b)the land is requisitioned land and the period of requisition had begun before the appointed day,

subsections (3) and (4) of section three of the said Act of 1959 shall have effect as if for any reference to the appointed day in the Third Schedule to this Act there were substituted a reference to the beginning of the period of requisition”;

and in subsection (3), after the words " paragraph (a)" there shall be inserted the words " of subsection (2) of this section or by virtue " .

The Town and Country Planning Act, 1954

In section twenty-nine, in subsection (6), after the words " section fifty-two of this Act" there shall be inserted the words " (either as originally enacted or as amended by section fifty-one of the Town and Country Planning Act, 1959) ", and for the words " that section " there shall be substituted the words " the said section fifty-two " .

In section fifty-three, in subsection (1), for the word " price " there shall be substituted the word " value " ; and in subsection (2), for the words " value and price" there shall be substituted the word " values " , and for paragraph (b) there shall be substituted the following paragraph:—

“(b)the value which such a freehold interest (free from incumbrances but subject as mentioned in the preceding paragraph) would have at that time if the land were then in the state in which it was when possession thereof was taken in the exercise of emergency powers”.

The Town and Country Planning (Scotland) Act, 1954

In section thirty, in subsection (6), after the words " section fifty-four of this Act" there shall be inserted the words " (either as originally enacted or as amended by section fifty-one of the Town and Country Planning Act, 1959) ", and for the words " that section " there shall be substituted the words " the said section fifty-four " .

In section fifty-five, in subsection (1), for the word " price " there shall be substituted the word " value " ; and in subsection (2) for the words " value and price" there shall be substituted the word " values " , and for paragraph (b) there shall be substituted the following paragraph:—

“(b)the value which such dominium utile (subject as mentioned in the preceding paragraph but otherwise free from burdens) would have at that time if the land were then in the state in which it was when possession thereof was taken in the exercise of emergency powers.”

In section sixty-two, in subsection (8), at the end, there shall be inserted the following proviso, that is to say,—

“Provided that, where the acquisition in question is a transaction in relation to which the repeal of the said subsection (4) by section fifty-eight of the Town and Country Planning Act, 1959, has effect, this subsection shall have effect as if for the words from ' the dominium utile in question' to the word ' applied' (in the second place where that word occurs) there were substituted the words ' the said Rule (5) had not applied'.”

The Housing Act, 1957

In section forty-seven, for subsection (2) there shall be substituted the following subsection:—

“(2)Land shall not, except with the consent of the Minister, be sold, exchanged or leased under this section for a price, consideration or rent less than the best price, best consideration or best rent (as the case may be) that can reasonably be obtained, having regard to any restrictions or conditions (including conditions as to payment or the giving of security for payment) subject to which it is sold, exchanged or let.”

In the Second Schedule, in the proviso to sub-paragraph (1) of paragraph 2, for the words " the difference between " there shall be substituted the words " the amount (if any) by which ", and for the word " and", where it occurs immediately before the words " the site value ", there shall be substituted the word " exceeds ".

Section 58.

EIGHTH SCHEDULEEnactments Repealed

Section 58.

NINTH SCHEDULESection Nineteen of the Town and Country Planning Act, 1947, as amended

19Obligation to purchase land on refusal of permission in certain cases.

(1)Where permission to develop any land is refused, whether by the local planning authority or by the Minister, on an application in that behalf made under this Part of this Act, or is granted by that authority or by the Minister subject to conditions, then if any owner of the land claims—

(a)that the land has become incapable of reasonably beneficial use in its existing state ; and

(b)in a case where permission to develop the land was granted as aforesaid subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions ;

(c)in any case, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which permission has been or is deemed to be granted under this Part of this Act, or for which the local planning authority or the Minister have undertaken to grant such permission,

he may, within the time and in the manner prescribed by regulations made under this Act, serve on the council of the county borough or county district in which the land is situated a notice (hereinafter referred to as a " purchase notice") requiring that council to purchase his interest in the land in accordance with the provisions of this section.

(1A)The council on whom a purchase notice is served under this section shall, before the end of the period of three months beginning with the date of service of that notice, serve on the owner by whom the purchase notice was served a notice stating either—

(a)that the council are willing to comply with the purchase notice; or

(b)that another local authority or statutory undertakers specified in the notice under this subsection have agreed to comply with it in their place; or

(c)that, for reasons specified in the notice under this subsection, the council are not willing to comply with the purchase notice, and have not found any other local authority or statutory undertakers who will agree to comply with it in their place, and that they have transmitted a copy of the purchase notice to the Minister, on a date specified in the notice under this subsection, together with a statement of the reasons so specified.

(1B)Where the council upon whom a purchase notice is served under this section have served on the owner by whom the purchase notice was served a notice in accordance with paragraph (a) or paragraph (b) of the last foregoing subsection, the council, or the other local authority or statutory undertakers specified in the notice, as the case may be, shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of Part IV of this Act, and to have served a notice to treat in respect thereof on the date of service of the notice under the last foregoing subsection.

(2)Where a purchase notice is served on any council under this section and that council propose to serve on the owner a notice in accordance with paragraph (c) of subsection (1A) of this section, they shall transmit a copy of the purchase notice to the Minister, together with a statement of their reasons; and subject to the following provisions of this section the Minister shall, if he is satisfied that the conditions specified in paragraphs (a) to (c) of subsection (1) of this section are fulfilled, confirm the notice, and thereupon the council shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of Part IV of this Act, and to have served a notice to treat in respect thereof on such date as the Minister may direct:

Provided that—

(a)if it appears to the Minister to be expedient so to do, he may, in lieu of confirming the purchase notice, grant permission for the development in respect of which the application was made or, where permission for that development was granted subject to conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of that development;

(b)if it appears to the Minister that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other development for which permission ought to be granted, he may, in lieu of confirming the notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that such permission shall be so granted in the event of an application being made in that behalf;

(c)if it appears to the Minister, having regard to the probable ultimate use of the land, that it is expedient so to do, he may, if he confirms the notice, modify it, either in relation to the whole or in relation to any part of the land to which it relates, by substituting any other local authority or statutory undertakers for the council on whom the notice is served, and in any such case the foregoing provisions of this subsection shall have effect accordingly.

(2A)Where, for the purpose of determining whether the conditions specified in paragraphs (a) to (c) of subsection (1) of this section. are fulfilled in relation to any land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then, in determining that question for that purpose, no account shall be taken of any prospective use of that land which would involve the carrying out of development of any class not specified in the Third Schedule to this Act.

(3)If within the period of six months from the end of the period specified in subsection (1A) of this section, or the date on which a copy of the purchase notice is transmitted to the Minister, whichever is the earlier, the Minister has neither confirmed the notice nor taken any such other action as is mentioned in paragraph (a) or paragraph (b) of the proviso to subsection (2) of this section, nor notified the owner by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the expiration of that period, and the council on whom the notice was served shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of Part IV of this Act, and to have served notice to treat in respect thereof at the expiration of the said period.

(4)The power conferred by subsection (2) of section five of the Acquisition of Land (Assessment of Compensation) Act, 1919, to withdraw a notice to treat shall not be exercisable in the case of a notice to treat which is deemed to have been served by virtue of this section.

(5)Before confirming a purchase notice, or taking any other action in lieu thereof, under this section, the Minister shall give notice of his proposed action—

(a)to the person by whom the notice was served ;

(b)to the council on whom the notice was served ;

(c)to the local planning authority for the area in which the land is situated ; and

(d)to any other local authority or statutory undertakers whom the Minister proposes, under the foregoing provisions of this section, to substitute for the said council;

and if within the period prescribed by the notice under this subsection (not being less than twenty-eight days from the service thereof) any person, authority or statutory undertakers on whom that notice is served so require, the Minister shall, before confirming the purchase notice or taking any such other action as aforesaid, afford to those persons, authorities and undertakers an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose.

(6)In the last foregoing subsection, any reference to the taking of action in lieu of confirming a purchase notice includes a reference to the taking of a decision not to confirm the notice on the grounds that any of the conditions specified in paragraphs (a) to (c) of subsection (1) of this section are not fulfilled.

(7)Where the Minister has given notice under subsection (5) of this section of his proposed action, and any of the persons, authorities and statutory undertakers concerned have appeared before and been heard by a person appointed by the Minister for the purpose, and it then appears to the Minister to be expedient to take action under this section otherwise than in accordance with the notice given by him, the Minister may take that action accordingly.

Section 58.

TENTH SCHEDULESection Seventeen of the Town and Country Planning (Scotland) Act, 1947, as amended

17Obligation to purchase land on refusal of planning permission in certain cases.

(1)Where planning permission is refused, whether by the local planning authority or by the Secretary of State, or is granted by that authority or by the Secretary of State subject to conditions, then if any owner or lessee of the land concerned claims—

(a)that the land has become incapable of reasonably beneficial use in its existing state ; and

(b)in a case where planning permission was granted as aforesaid subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions ;

(c)in any case, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which planning permission has been or is deemed to be granted or for which the local planning authority or the Secretary of State have undertaken to grant such permission,

he may, within the time and in the manner prescribed by regulations made under this Act, serve on the local planning authority in whose district the land is situated a notice (hereinafter referred to as a " purchase notice ") requiring that authority to purchase his interest in the land in accordance with the provisions of this section.

(1A)The local planning authority on whom a purchase notice is served under this section shall, before the end of the period of three months beginning with the date of service of that notice, serve on the owner by whom the purchase notice was served a notice stating either—

(a)that the local planning authority are willing to comply with the purchase notice; or

(b)that another local authority or statutory undertakers specified in the notice under this subsection have agreed to comply with it in their place; or

(c)that, for reasons, specified in the notice under this subsection, the local planning authority are not willing to comply with the purchase notice and have not found any other local authority or statutory undertakers who will agree to comply with it in their place, and that they have transmitted a copy of the purchase notice to the Secretary of State, on a date specified in the notice under this subsection, together with a statement of the reasons so specified.

(1B)Where the local planning authority upon whom a purchase notice is served under this section have served on the owner by whom the purchase notice was served a notice in accordance with paragraph (a) or paragraph (b) of the last foregoing subsection, the local planning authority, or the other local authority or statutory undertakers specified in the notice, as the case may be, shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of Part III of this Act, and to have served a notice to treat in respect thereof on the date of service of the notice under the last foregoing subsection.

(2)Where a purchase notice is served on any local planning authority under this section and that authority propose to serve on the owner a notice in accordance with paragraph (c) of subsection (1A) of this section, they shall transmit a copy of the purchase notice to the Secretary of State, together with a statement of their reasons ; and subject to the following provisions of this section the Secretary of State shall, if he is satisfied that the conditions specified in subsection (1) of this section are fulfilled, confirm the notice, and thereupon the authority shall be deemed to be authorised to acquire the interest of that person compulsorily in accordance with the provisions of Part III of this Act, and to have served a notice to treat in respect thereof on such date as the Secretary of State may direct:

Provided that—

(a)if it appears to the Secretary of State to be expedient so to do, he may, in lieu of confirming the purchase notice, grant planning permission for the development in respect of which the application was made or, where planning permission for that development was granted subject to conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of that development;

(b)if it appears to the Secretary of State that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other development for which permission ought to be granted, he may, in lieu of confirming the notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that such permission shall be so granted in the event of an application being made in that behalf;

(c)if it appears to the Secretary of State to be expedient that another local authority or statutory undertakers should acquire the interest for the purpose of any of their functions, he may, if he confirms the notice, modify it either in relation to the whole or in relation to any part of the land to which it relates by substituting that other authority or, as the case may be, those statutory undertakers for the local planning authority on whom the notice is served, and in any such case the foregoing provisions of this subsection shall have effect accordingly.

(3)If within the period of six months from the end of the period specified in subsection (1A) of this section, or the date on which a copy of the purchase notice is transmitted to the Secretary of State, whichever is the earlier, the Secretary of State has neither confirmed the notice nor taken any such other action as is mentioned in paragraph (a) or paragraph (b) of the proviso to the last foregoing subsection, nor notified the owner or lessee, as the case may be, by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the expiration of that period, and the authority on whom the notice was served shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the provisions of Part III of this Act, and to have served notice to treat in respect thereof at the expiration of the said period.

(4)The power conferred by subsection (2) of section five of the Acquisition of Land (Assessment of Compensation) Act, 1919, to withdraw a notice to treat shall not be exerciseable in the case of a notice to treat which is deemed to have been served by virtue of this section.

(5)Before confirming a purchase notice, or taking any other action in lieu thereof, under this section, the Secretary of State shall give notice of his proposed action—

(a)to the person by whom the-notice was served ;

(b)to the local planning authority on which the notice was served ; and

(c)to any other local authority or statutory undertakers whom the Secretary of State proposes, under subsection (2) of this section, to substitute for the said local planning authority ;

and if within the period prescribed by the notice under this subsection (not being less than twenty-eight days from the service thereof) any person authority or statutory undertakers on whom that notice is served so require, the Secretary of State shall, before confirming the purchase notice or taking any such other action as aforesaid, afford to those persons authorities and undertakers an opportunity of appearing before and being heard by a person appointed by him for the purpose.

(6)In the last foregoing subsection, any reference to the taking of action in lieu of confirming a purchase notice includes a reference to the taking of a decision not to confirm the notice on the grounds that any of the conditions specified in paragraphs (a) to (c) of subsection (1) of this section are not fulfilled.

(7)Where the Secretary of State has given notice under subsection (5) of this section of his proposed action, and any of the persons, authorities and statutory undertakers concerned have appeared before and been heard by a person appointed by the Secretary of State for the purpose, and it then appears to the Secretary of State to be expedient to take action under this section otherwise than in accordance with the notice given by him, the Secretary of State may take that action accordingly.