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Acquisition of Land Act 1981

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Acquisition of Land Act 1981[a]
Act of Parliament
coat of arms
Long titleAn Act to consolidate the Acquisition of Land (Authorisation Procedure) Act 1946 and related enactments.
Citation1981 c. 67
Territorial extent England and Wales[b]
Dates
Royal assent30 October 1981
Commencement30 January 1982[c]
Other legislation
Amends
Amended by
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Acquisition of Land Act 1981 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Acquisition of Land Act 1981 (c. 67) is an act of the Parliament of the United Kingdom, which concerns English land law and compulsory purchase.

Provisions

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The act regulates the conditions for granting a "Compulsory Purchase Order" in the UK.

Repealed enactments

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Section 34(3) of the act repealed 61 enactments, listed in parts I and II of schedule 6 to the act, and revoked 6 instruments, listed in part III of schedule 6 to the act.[1]

Part I
Citation Short title Extent of repeal
9 & 10 Geo. 6. c. 49 Acquisition of Land (Authorisation Procedure) Act 1946 The whole act except sections 6(1) and 10 and Schedule 4.
10 & 11 Geo. 6. c. 41 Fire Services Act 1947 In section 3(5) the words from "as if" to the end of the subsection.
In section 8(3) the words " The Acquisition of Land (Authorisation Procedure) Act 1946 and " and the words " in the said Act of 1946 and ".
10 & 11 Geo. 6. c. 48 Agriculture Act 1947 In section 92(1) the words from " and that Act" to the end of the subsection.
10 & 11 Geo. 6. c. 51 Town and Country Planning Act 1947 Section 49(8).
In section 119(1) the definitions of " land " and " local authority ".
In Schedule 8 the amendments of the Acquisition of Land (Authorisation Procedure) Act 1946.
10 & 11 Geo. 6. c. 54 Electricity Act 1947 In section 9, in subsection (1) the words from " as if" to the end of the subsection.
11 & 12 Geo. 6. c. 22 Water Act 1948 In the Schedule, in paragraph 8(1) the words from "the Act of 1946" to "and the expression ".
12, 13 & 14 Geo. 6. c. 67 Civil Aviation Act 1949 In section 19(2A) the words from " as if" to the end of the subsection.
In section 23(3) the words from " as if" to the end of the proviso.
12, 13 & 14 Geo. 6. c. 74 Coast Protection Act 1949 In section 14(1) the words " as if this Act had been in force immediately before the commencement of that Act".
12, 13 & 14 Geo. 6. c. 97 National Parks and Access to the Countryside Act 1949 In section 103 subsections (2) and (4) and in subsection (6) the words from " and the provisions" to the end of the subsection.
14 & 15 Geo. 6. c. 60 Mineral Workings Act 1951 In section 17(3) the words from "as if" to the end of the subsection.
15 & 16 Geo. 6 & 1 Eliz. 2. c. 52 Prison Act 1952 In section 36(2) the words from "as if" to the end of the subsection.
15 & 16 Geo. 6 & 1 Eliz. 2. c. 54 Town Development Act 1952 In section 6(4) the words from "as if" to the end of the subsection.
1953 c. 49 Historic Buildings and Ancient Monuments Act 1953 In section 20 paragraph (a).
2 & 3 Eliz. 2. c. 32 Atomic Energy Act 1954 In section 5(1) the words from " as if " to " commencement thereof".
4 & 5 Eliz. 2. c. 16 Food and Drugs Act 1955 In section 130(3) the words from " as if" to the end of the subsection.
4 & 5 Eliz. 2. c. 59 Underground Works (London) Act 1956 In section 6(6) the words from " and that Act" to the end of the subsection.
5 & 6 Eliz. 2. c. 56 Housing Act 1957 In Schedule 1, in paragraph 1(1), the words "as if this Act had been in force immediately before the commencement of that Act".
In Schedule 7, in paragraph 1(1), the words "as if this Act had been in force immediately before the commencement of that Act".
6 & 7 Eliz. 2. c. 69 Opencast Coal Act 1958 Section 4(5).
Section 16(5).
In section 47(2) the words from "(including" to "this Act)".
In section 51(1) the definition of " the Acquisition of Land Act".
In Schedule 2 Part I.
In Schedule 10 paragraph 7.
8 & 9 Eliz. 2. c. 62 Caravan Sites and Control of Development Act 1960 In section 24(6) the words from "as if" to the end of the subsection.
9 & 10 Eliz. 2. c. 33 Land Compensation Act 1961 In Schedule 4 paragraphs 6 and 7.
10 & 11 Eliz. 2. c. 46 Transport Act 1962 In section 15, in subsection (1) the words from " as if" to " that Act".
1963 c. 33 London Government Act 1963 In Schedule 17 paragraph 8.
1963 c. 38 Water Resources Act 1963 In section 65(3) the words from " and accordingly" to the end of the subsection.
Section 71(5).
In Schedule 8 paragraph 17.
1964 c. 48 Police Act 1964 In section 9(3) the words " and the Acquisition of Land (Authorisation Procedure) Act 1946 ".
1965 c. 36 Gas Act 1965 In section 12(1) the words from " and Part I" to the end of the subsection.
In section 13(2) the words from " and Part I" to the end of the subsection.
In section 13(3) the words " and Part I of Schedule 4 to this Act shall apply in relation to the compulsory purchase ".
In Schedule 4 paragraphs 1 and 2.
1965 c. 56 Compulsory Purchase Act 1965 In section 1, in subsections (2) and (3) the words " under the Act of 1946 ".
In Schedule 7 the amendment of the Agriculture Act 1947.
1967 c. 22 Agriculture Act 1967 In section 51(7) the words from "as if" to "commencement of that Act".
In Schedule 5, in paragraph 7(1) the words from " Acquisition of Land" where they first occur to " case may be ", paragraph 7(2) and in paragraph 7(3) the words from the beginning to " public local inquiries)".
1967 c. 76 Road Traffic Regulation Act 1967 In section 30(1) the words from " as if " to " commencement of that Act".
1968 c. 41 Countryside Act 1968 In Part I of Schedule 3 the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946 (that is, all between the entries relating to the Water Act 1945 and the Highways Act 1959).
1968 c. 72 Town and Country Planning Act 1968 Section 31.
Section 59.
1969 c. 33 Housing Act 1969 In section 32(2) the words from "as if" to the end of the subsection.
1969 c. 48 Post Office Act 1969 In section 55(1) the words from "as if" to the end of the subsection.
In Schedule 4, in paragraph 93 sub-paragraphs (1)(iv) and (2)(iv).
1971 c. 75 Civil Aviation Act 1971 In Schedule 5 paragraph 5(b).
1971 c. 78 Town and Country Planning Act 1971 In section 112(4) the words from "and accordingly" to the end of the subsection.
In section 113(3) the words from " as it applies " to the end of the subsection.
In section 114(5) the words from " and accordingly " to the end of the subsection.
In section 218(2) the words from " and accordingly " to the end of the subsection.
Section 229.
In Schedule 23 the amendment of the Town and Country Planning Act 1968.
1972 c. 60 Gas Act 1972 In Schedule 2, in paragraph 5 the words " The Act of 1946 and ", and paragraphs 6 to 11.
1972 c. 70 Local Government Act 1972 In section 121(4) the words from " as if" to the end of the subsection.
In section 125(4) the words from " as if that subsection " to " commencement of that Act ".
1973 c. 26 Land Compensation Act 1973 Section 64.
1974 c. 3 Slaughterhouses Act 1974 In section 30(2) the words from " as if" to the end of the subsection.
1974 c. 44 Housing Act 1974 In section 3(4) the words from "as if" (where they first occur) to the end of the subsection.
In section 43(2) the words from "as if" to the end of the subsection.
1975 c. 56 Coal Industry Act 1975 In Schedule 3 paragraph 10.
1975 c. 64 Iron and Steel Act 1975 In section 9(1) the words from "as if" to the end of the subsection.
1975 c. 70 Welsh Development Agency Act 1975 In section 22(5) the words from "as if" to the end of the subsection.
1975 c. 78 Airports Authority Act 1975 In section 17(1) the words from " as if" to the end of the subsection.
In section 19(1) the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946.
1976 c. 57 Local Government (Miscellaneous Provisions) Act 1976 In section 13, in subsection (2) the words from the beginning to " 1946 and", subsection (3)(a) and in subsection (3)(b) the words from " (which relates " to " Act of 1946) ".[d]
In Schedule 1 Part I.
1976 c. 70 Land Drainage Act 1976 In section 37(2) the words from "as if" to the end of the subsection.
1976 c. 75 Development of Rural Wales Act 1976 In section 6, in subsection (2) the words (following paragraph (b)) from " and for the purpose " to the end of the subsection, in subsection (6) the words from the beginning to " 1946 and", subsection (7)(a) and in subsection (7)(b) the words from " (which relates " to " Act of 1946) ".
In Schedule 4 Part I.
1976 c. 80 Rent (Agriculture) Act 1976 In Schedule 8 paragraph 3.
1977 c. 42 Rent Act 1977 In Schedule 23 paragraph 11.
1978 c. 3 Refuse Disposal (Amenity) Act 1978 In section 7 the words from "as if" to the end of the section.
1979 c. 46 Ancient Monuments and Archaeological Areas Act 1979 In section 10(2) the words from " as it" to the end of the subsection.
In section 16(9) the words from " as it" to the end of the subsection.
1980 c. 65 Local Government, Planning and Land Act 1980 In section 104(3) the words from " as if" to the end of the subsection.
In section 120(1) in paragraph (a) the words from " 6th April 1976 " to " Scotland ", and in paragraph (6) the words from " the Peak " to " Planning Board ".
In section 120(2) the words " the Act of 1946 or, as the case may be " and the words " the National Trust or ".
Section 120(3), except for the definition of " statutory undertakers", and in paragraph (b) of that definition the words " the Town and Country Planning Act 1971 or".
In section 120(5) the words " in section 2 of the New Towns Act 1965 or ".
In section 142(3) the words " The 1946 Act and " and in paragraph (a) the words " the 1946 Act or (as the case may be)".
In section 143(4) the words " The 1946 Act and " and the words " the 1946 Act or (as the case may be) ".
In Schedule 17, in paragraph 5 the entry (in both columns) for section 41 of the 1975 Act.
In Schedule 20 paragraph 3.
In Schedule 21 paragraph 14.
In Schedule 23 paragraph 1.
In Schedule 28 paragraph 3, in paragraph 21(1) the words " The 1946 Act and ", paragraph 21(2)(a) and paragraph 22.
1980 c. 66 Highways Act 1980 In section 250(4) the words " 1946 and ". In section 329(1) the definition of the "Act of 1946 ".
Section 340(2)(c).
In Schedule 19 Part I.
1981 c. 22 Animal Health Act 1981 In section 55(3) the words " the Acquisition of Land (Authorisation Procedure) Act 1946 and ".
1981 c. 38 British Telecommunications Act 1981 In Schedule 3 paragraphs 10(1)(a) and 11(1)(a).
Part II – Spent Provisions
Citation Short title Extent of repeal
23 & 24 Geo. 5. c. 12 Children and Young Persons Act 1933 Section 96(5).
9 & 10 Geo. 6. c. 49 Acquisition of Land (Authorisation Procedure) Act 1946 In Schedule 4 the amendment of the Children and Young Persons Act 1933.
10 & 11 Geo. 6. c. 41 Fire Services Act 1947 In section 3(5) the proviso.
10 & 11 Geo. 6. c. 54 Electricity Act 1947 In subsections (1) and (2) of section 9 the words " (except section two thereof)".
11 & 12 Geo. 6. c. 29 National Assistance Act 1948 Section 58.
12, 13 & 14 Geo. 6. c. 26 Public Works (Festival of Britain) Act 1949 Section 5(7)(a).
12, 13 & 14 Geo. 6. c. 67 Civil Aviation Act 1949 In section 28(6) the words " except section 2 thereof ".
Part III – Statutory Instruments
Citation Title Extent of revocation
SI 1965/145 Transfer of Functions (Shipping and Construction of Ships) Order 1965 In Schedule 1 the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946.
SI 1965/319 Secretary of State for Wales and Minister of Land and Natural Resources Order 1965 In Part I of Schedule 1 the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946.
SI 1967/486 Transfer of Functions (Miscellaneous) Order 1967 In Schedule 2 the amendment of the Acquisition of Land (Authorisation Procedure) Act 1946.
SI 1969/388 Transfer of Functions (Wales) Order 1969 Article 4(1)(c).
SI 1970/1681 Secretary of State for the Environment Order 1970 In Schedule 3 paragraph 15.
SI 1976/1775 Secretary of State for Transport Order 1976 In Schedule 2 paragraph 4.

See also

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Notes

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  1. ↑ Section 35(1).
  2. ↑ Section 35(3).
  3. ↑ Section 35(2).
  4. ↑ The repeals in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

References

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  1. ↑ "Acquisition of Land Act 1981", legislation.gov.uk, The National Archives, 1981 c. 67

Bibliography

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  • K Gray and SF Gray, Land Law (7th edn 2011) Ch 11
  • K Gray and S Gray, ‘Private Property and Public Propriety’, in J McLean (ed), Property and the Constitution (Hart 1999) 36-7
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