Channel Tunnel Rail Link Act 1996 (c. 61)

Part II Application of Legislation Relating to Compulsory Purchase

Lands Clauses Consolidation Act 1845

1 The [1845 c. 18.] Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under section 4(1) above.

Compulsory Purchase Act 1965

2 Part I of the [1965 c. 56.] Compulsory Purchase Act 1965, so far as not inconsistent with this Part of this Act, shall apply to an acquisition of land under section 4(1) above as it applies to a compulsory purchase to which Schedule 1 to the [1981 c. 67.] Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under that Act.

3 (1) In its application by virtue of paragraph 2 above, the Compulsory Purchase Act 1965 shall have effect with the following modifications.

(2) Section 4 (time limit for exercise of powers of compulsory purchase) shall be omitted.

(3) Section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than fourteen days' notice) shall have effect--

(a) in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, with the substitution for "fourteen days" of "one month's", and

(b) in any other case, with the substitution for "fourteen days" of "three months".

(4) In Schedule 3 (alternative procedure for obtaining right of entry) paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.

Compulsory Purchase (Vesting Declarations) Act 1981

4 The [1981 c. 66.] Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Act were a compulsory purchase order.

5 (1) In its application by virtue of paragraph 4 above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.

(2) In section 3 (preliminary notices) for subsection (1) there shall be substituted--

" (1) Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is--

(a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and

(b) published in the London Gazette. "

(3) In that section, in subsection (2), for "(1)(b)" there shall be substituted "(1)".

(4) In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted--

" (7) For the purposes of this section, a person has a relevant interest in land if--

(a) he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or

(b) he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month. "

(5) In section 5 (earliest date for execution of declaration)--

(a) in subsection (1), after "publication" there shall be inserted "in the London Gazette", and

(b) subsection (2) shall be omitted.

(6) In section 7 (constructive notice to treat) in subsection (1)(a), the words "(as modified by section 4 of the [1981 c. 67.] Acquisition of Land Act 1981)" shall be omitted.

(7) References to the [1965 c. 56.] Compulsory Purchase Act 1965 shall be construed as references to that Act as applied to the acquisition of land under section 4(1) above.

Part III Supplementary Provisions

Acquisition of subsoil

6 (1) In the case of land specified in the following table (non-pedestrian tunnels), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres beneath the level of the surface of the land.

The Table

(2) In the case of land specified in the following table (pedestrian tunnels and ground anchors), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 2 metres beneath the level of the surface of the land.

The Table

(3) In the case of any other land, the power conferred by section 4(1) above shall be exercisable as well in relation to the subsoil or under-surface only as in relation to the land as a whole.

(4) Section 8(1) of the [1965 c. 56.] Compulsory Purchase Act 1965 (limitation on right to require a person to sell part only of any house, building, manufactory or park or garden belonging to a house) shall not apply where the power conferred by section 4(1) above is exercised in relation to the subsoil or under-surface of land only.

(5) For the purposes of sub-paragraphs (1) and (2) above, the level of the surface of the land shall be taken--

(a) in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and

(b) in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.

Acquisition of existing tunnels

7 In the case of land specified in the following table (existing railway tunnels), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the land as is comprised in an existing railway tunnel.

The Table

Acquisition of new rights

8 (1) The power conferred by section 4(1)(a) or (b) above shall include, in relation to any land to which the power relates, power to create and acquire such easements or other rights over land as may be required as mentioned in that provision instead of acquiring the land itself.

(2) Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of sub-paragraph (1) above--

(a) with the modifications specified in paragraph 9 below, and

(b) with such other modifications as may be necessary.

9 (1) The modifications referred to in paragraph 8(2)(a) above are as follows.

(2) For section 7 of the [1965 c. 56.] Compulsory Purchase Act 1965 there shall be substituted--

" 7 Measure of compensation in case of purchase of new right.

In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is purchased is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act. "

(3) In section 8 of that Act (provisions as to divided land) for subsection (1) there shall be substituted--

" (1) This subsection applies where--

(a) a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house ("the relevant land") has been served on a person under section 5 of this Act,

(b) in consequence of the service of the notice, a question of disputed compensation in respect of the purchase of the right would, apart from this section, fall to be determined by the Lands Tribunal, and

(c) before the Lands Tribunal have determined that question, the person on whom the notice has been served satisfies them that the relevant conditions are met.

(1A) The relevant conditions are--

(a) that he has an interest which he is able and willing to sell in the whole of the relevant land;

(b) where the relevant land consists of a house, building or manufactory, that it cannot be made subject to the right without material detriment to it; and

(c) where the relevant land consists of a park or garden belonging to a house, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house.

(1B) Where subsection (1) above applies--

(a) the compulsory purchase order shall, in relation to the person on whom the notice to treat has been served--

(i) cease to authorise the purchase of the right to which the notice relates, and

(ii) be deemed to authorise the purchase of that person's interest in the whole of the relevant land including, where the land consists of a park or garden belonging to a house, the house,

and

(b) the notice to treat shall be deemed to have been served in respect of that interest on such date as the Lands Tribunal direct.

(1C) Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1B)(a)(ii) of this section shall be determined by the Lands Tribunal.

(1D) Where the Lands Tribunal determine that the person on whom a notice to treat has been served has satisfied them as mentioned in subsection (1)(c) of this section, the acquiring authority may withdraw the notice at any time within the period of six weeks beginning with the date of the determination.

(1E) Subsection (1D) of this section is without prejudice to any other power of the acquiring authority to withdraw the notice to treat. "

(4) The following provisions of that Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) namely--

• section 9(4) (failure of owners to convey),

• paragraph 10(3) of Schedule 1 (owners under incapacity),

• paragraph 2(3) of Schedule 2 (absent and untraced owners), and

• paragraphs 2(3) and 7(2) of Schedule 4 (common land),

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.

(5) Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff's warrant in the event of obstruction) of that Act shall be modified correspondingly.

(6) Section 20 of that Act (compensation for short term tenants) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the land but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.

(7) Section 22 of that Act (protection of acquiring authority's possession of land where interest accidentally omitted from purchase) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

(8) References in that Act to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to--

(a) the right acquired or to be acquired, or

(b) the land over which the right is, or is to be, exercisable.

(9) In the [1973 c. 26.] Land Compensation Act 1973, for section 44 there shall be substituted--

" 44 Compensation for injurious affection

(1) Where a right over land is purchased from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable.

(2) In this section "compensation for injurious affection" means compensation for injurious affection under section 7 or 20 of the [1965 c. 56.] Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996. "

(10) For section 58 of that Act there shall be substituted--

" 58 Determination of material detriment where right over part of house etc. proposed for compulsory acquisition.

In determining under section 8(1)(c) of the Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996 whether--

(a) a right over part of a house, building or manufactory can be taken without material detriment to the house, building or manufactory, or

(b) a right over part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,

the Lands Tribunal shall take into account not only the effect of the right on the whole of the house, building or manufactory or of the house and the park or garden but also the use to be made of the rights proposed to be acquired and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land. "

10 (1) The Secretary of State may by order provide, in relation to land to which this paragraph applies, that section 4(1) above, so far as relating to acquisition by virtue of paragraph 8(1) above, shall be treated as also authorising acquisition by such person as may be specified in the order.

(2) This paragraph applies to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act.

(3) The power to make an order under sub-paragraph (1) above includes power to make an order varying or revoking any order previously made under that provision.

Acquisition of part only of certain properties

11 (1) Where--

(a) a notice to treat under Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, is served in respect of land forming part only of a house, building or factory or part only of land consisting of a house with a park or garden, and

(b) a copy of this paragraph is served with the notice to treat,

the following provisions of this paragraph, with paragraph 12 below, shall apply instead of section 8(1) of the Compulsory Purchase Act 1965.

(2) The person on whom the notice to treat is served ("the owner") may within the period of 21 days beginning with the day on which the notice to treat is served on him, serve on the Secretary of State a counter-notice objecting to the sale of the part ("the land subject to the notice to treat") and stating that he is willing and able to sell the whole ("the land subject to the counter-notice").

(3) If no counter-notice is served under sub-paragraph (2) above, the owner shall be required to sell the land subject to the notice to treat.

(4) If a counter-notice is served under sub-paragraph (2) above and the Secretary of State agrees to take the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(5) If a counter-notice is served under sub-paragraph (2) above and the Secretary of State does not agree to take the land subject to the counter-notice, the question as to what land the owner is to be required to sell shall be referred to the Lands Tribunal.

(6) If, on a reference under sub-paragraph (5) above, the Lands Tribunal determine that the land subject to the notice to treat can be taken--

(a) without material detriment to the remainder of the land subject to the counter-notice, and

(b) where the land subject to the notice to treat consists of or includes garden only land, without seriously affecting the amenity and convenience of the relevant house,

the owner shall be required to sell the land subject to the notice to treat.

(7) If, on such a reference, the Lands Tribunal determine that only part of the land subject to the notice to treat can be taken as mentioned in sub-paragraph (6) above, the notice to treat shall, subject to sub-paragraph (8) below, be deemed to be a notice to treat for that part.

(8) Where the land subject to the notice to treat is not land which consists of or includes garden only land, sub-paragraph (7) above shall only have effect to deem the notice to treat to be a notice to treat for land which does consist of or include garden only land if the Lands Tribunal determine that that land can be taken without seriously affecting the amenity and convenience of the relevant house.

(9) If, on such a reference, the Lands Tribunal determine--

(a) that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, but

(b) that the material detriment is confined to part of the remainder of that land,

then, except where sub-paragraph (10) below applies, the notice to treat shall be deemed to be a notice to treat in addition for the land to which the material detriment is confined.

(10) If, in a case where the land subject to the notice to treat consists of or includes garden only land, the Lands Tribunal determine on such a reference that none of the land subject to the notice to treat can be taken without seriously affecting the amenity or convenience of the relevant house, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(11) If, on such a reference, the Lands Tribunal determine--

(a) that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, and

(b) that the material detriment is not confined to part of the remainder of that land,

the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(12) For the purposes of this paragraph, the land subject to the notice to treat consists of or includes garden only land if it consists of the whole or part of a park or garden belonging to a house or if it includes the whole or part of such a park or garden but does not include the house ("the relevant house") or any part of it.

12 (1) Where under paragraph 11 above a notice to treat is deemed by virtue of a determination of the Lands Tribunal to be a notice to treat for less land or more land than that specified in the notice, the Secretary of State may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice.

(2) If the Secretary of State withdraws a notice to treat under sub-paragraph (1) above, he shall pay the person on whom the notice was served compensation for any loss or expense occasioned to that person by the giving and withdrawal of the notice, such compensation to be determined in case of dispute by the Lands Tribunal.

(3) Where under paragraph 11 above a person is required to sell part only of a house, building or factory or of land consisting of a house with a park or garden, the Secretary of State shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.

(4) A notice to treat shall have the effect which it is deemed to have under paragraph 11(4), (9), (10) or (11) above whether or not the additional land is, apart from that provision, land which the Secretary of State is authorised to acquire compulsorily under this Part of this Act.

Minerals

13 (1) Parts II and III of Schedule 2 to the [1981 c. 67.] Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to land to which section 4(1) above applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.

(2) In their application by virtue of sub-paragraph (1) above, Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 shall have effect with the following modifications--

(a) references to the acquiring authority, except the second reference in paragraph 6, shall be construed as references to the nominated undertaker, and

(b) references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised by this Part of this Act to carry on.

Power to require acquisition where time limit extended

14 (1) If the Secretary of State makes an order under section 47(2) above, the following provisions shall have effect as from the coming into operation of that order.

(2) If an owner or lessee of any of the land in relation to which the order is made gives notice in writing to the Secretary of State that he desires his interest in such of that land as is specified in the notice to be acquired by the Secretary of State, the Secretary of State shall, within the period of 3 months immediately following receipt of the notice--

(a) enter into an agreement with him for the acquisition of his interest in the whole or part of the land specified in the notice,

(b) exercise the relevant powers of compulsory acquisition in respect of his interest in the whole or part of the land specified in the notice, or

(c) serve on him notice in writing of the Secretary of State's intention not to proceed with the purchase of his interest in any of the land specified in the notice.

(3) Where--

(a) a person gives the Secretary of State notice under sub-paragraph (2) above, and

(b) the Secretary of State--

(i) fails to comply with the requirements of that sub-paragraph,

(ii) withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or

(iii) serves on the owner notice in compliance with paragraph (c) of that sub-paragraph,

the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person's interest in any of the land specified in the notice under sub-paragraph (2) above.

(4) Where--

(a) a person gives the Secretary of State notice under sub-paragraph (2) above, and

(b) the Secretary of State acquires in pursuance of paragraph (a) or (b) of that sub-paragraph that person's interest in some, but not all, of the land specified in the notice,

the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person's interest in the remainder of that land.

(5) In this paragraph--

• "lessee" means a person who holds an interest under a lease for a period of which not less than 21 years is unexpired at the date of the giving of any notice by that person under sub-paragraph (2) above,

• "owner", in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and

references to the relevant powers of compulsory acquisition are to--

(a) the power to serve a notice to treat under Part I of the [1965 c. 56.] Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and

(b) the power to execute a declaration under section 4 of the [1981 c. 66.] Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph 4 above.

15 (1) Paragraph 14 above shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than the relevant distance below the level of the surface of the land.

(2) In sub-paragraph (1) above, the reference to the relevant distance is--

(a) in the case of a work consisting of a pedestrian tunnel or ground anchor, 2 metres, and

(b) in the case of any other work, 9 metres.

(3) For the purposes of sub-paragraph (1) above, the level of the surface of the land shall be taken--

(a) in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and

(b) in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.

Compensation

16 Section 4 of the [1981 c. 67.] Acquisition of Land Act 1981 (assessment of compensation in relation to a compulsory purchase where unnecessary things done with a view to obtaining compensation) shall have effect in relation to a compulsory purchase under this Part of this Act as if it were a compulsory purchase for the purposes of that Act.

Section 6.

SCHEDULE 5 Temporary Possession and Use of Land

Occupation and use for construction of works

1 (1) The nominated undertaker may, in connection with the construction of the scheduled work or works specified in column (1) of the following table (or any works which are necessary or expedient for the purposes of or in connection with that work or those works)--

(a) enter upon and take possession of the land specified in relation to that work or those works in columns (2) and (3) of that table for such purposes as are so specified in column (4) of that table, and

(b) for such purposes as are so specified--

(i) remove from the land any structure or vegetation, and

(ii) construct on the land temporary works (including the provision of means of access) and structures.

Table

(2) Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.

(3) The nominated undertaker may not remain in possession of any land under this paragraph after the end of the period of one year beginning with the date of completion of the work or works specified in relation to the land in column (1) of the table in sub-paragraph (1) above unless the owners of the land agree.

(4) The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.

(5) Any dispute as to a person's entitlement to compensation under sub-paragraph (4) above, or as to the amount of compensation, shall be determined under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

(6) Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the [1965 c. 56.] Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4) above.

(7) In this paragraph, "structure" includes any erection.

2 (1) Before giving up possession of land of which possession has been taken under paragraph 1 above, the nominated undertaker shall, in accordance with a scheme agreed with the owners of the land and the relevant planning authority, put the land into such condition as the scheme may provide.

(2) If, in relation to any land of which possession has been taken under paragraph 1 above, no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion of the work or works specified in relation to the land in column (1) of the table in paragraph 1(1) above, the scheme shall be such as may be determined by the appropriate Ministers after consultation with the nominated undertaker, the owners of the land and the relevant planning authority.

(3) Unless the owners of the land and the nominated undertaker otherwise agree, a scheme determined under sub-paragraph (2) above shall provide for land to be restored to its former condition.

(4) Unless the nominated undertaker otherwise agrees, a scheme determined under sub-paragraph (2) above shall not provide for the nominated undertaker to replace any structure removed under paragraph 1 above other than a fence.

(5) Where the appropriate Ministers ask the relevant planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (2) above, they may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.

(6) The duty under sub-paragraph (1) above in relation to any land shall be owed separately to the owners of the land and to the relevant planning authority.

(7) Where a scheme for the purposes of this paragraph provides for any step to be taken by the nominated undertaker before a specified date and that step has not been taken before that date, the relevant planning authority may--

(a) enter the land concerned and take that step, and

(b) require the nominated undertaker to reimburse to it any expenses which it reasonably incurs in acting under paragraph (a) above.

(8) In this paragraph--

• "appropriate Ministers" means the Secretary of State for the Environment and the Secretary of State for Transport acting jointly;

• "relevant planning authority" means--

  (a)

  in relation to Greater London, the local planning authority, and

  (b)

  in relation to Essex or Kent, the district planning authority; and

• "structure" includes any erection.

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