Office of Public Sector Information
SCHEDULE 20 continued PART II continued
16 (1) As soon as may be after making such a representation as is mentioned in sub-paragraph (1) or (3) of paragraph 15—
(a) the statutory undertakers, in a case falling within sub-paragraph (1), or
(b) the Agency, in a case falling within sub-paragraph (3),
shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Secretary of State and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed.
(2) Orders under paragraph 15 shall be subject to special parliamentary procedure.
17 (1) Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligations incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this sub-paragraph applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.
(2) Sub-paragraph (1) applies to the following acts and events—
(a) the vesting in or acquisition by the Agency under this Part of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers; and
(b) the extinguishment of a right or the imposition of any requirement by virtue of paragraph 12.
(3) As soon as may be after making a representation to the appropriate Minister under sub-paragraph (1), the statutory undertakers shall, as may be directed by the appropriate Minister, do either or both of the following, that is to say—
(a) publish (in such form and manner as may be so directed) a notice—
(i) giving such particulars as may be so directed of the matters to which the representation relates; and
(ii) specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made; and
(b) serve a like notice on such persons, or persons of such classes, as may be so directed.
(4) If any objection to the making of an order under this paragraph is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.
(5) Immediately after an order is made under this paragraph by the appropriate Minister, he shall publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and shall serve a like notice—
(a) on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this sub-paragraph, specifying an address for service; and
(b) on such other persons (if any) as the appropriate Minister thinks fit.
(6) Subject to the following provisions of this paragraph, an order under this paragraph shall become operative on the date on which the notice required by sub-paragraph (5) is first published.
(7) Where in accordance with sub-paragraph (4) the order is subject to special parliamentary procedure, sub-paragraph (6) shall not apply.
(8) If any person aggrieved by an order under this paragraph wishes to question the validity of the order on the ground—
(a) that it is not within the powers conferred by this paragraph, or
(b) that any requirement of this paragraph has not been complied with in relation to the order,
he may, within six weeks from the date on which the notice required by sub-paragraph (5) is first published, make an application to the High Court under this paragraph.
(9) On any application under sub-paragraph (8) the High Court—
(a) may by interim order wholly or in part suspend the operation of the order, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and
(b) if satisfied—
(i) that the order is wholly or to any extent outside the powers conferred by this paragraph; or
(ii) that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of this paragraph,
may wholly or in part quash the order, either generally or in so far as it affects any property of the applicant.
(10) Subject to sub-paragraph (8), the validity of an order under this paragraph shall not be questioned in any legal proceedings whatsoever, either before or after the order has been made.
18 (1) For the purposes of paragraphs 15 and 17, an objection to the making of an order thereunder shall not be treated as duly made unless—
(a) the objection is made within the time and in the manner specified in the notice required by paragraph 16 or 17 (as the case may be); and
(b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.
(2) Where an objection to the making of such an order is duly made in accordance with sub-paragraph (1) and is not withdrawn, the following provisions of this paragraph shall have effect in relation thereto; but, in the application of those provisions to an order under paragraph 15, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.
(3) Unless the appropriate Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision—
(a) shall consider the grounds of the objection as set out in the statement; and
(b) may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.
(4) In so far as the appropriate Minister after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.
(5) In any case where—
(a) after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates; or
(b) a further statement has been required but is not submitted within the specified period,
the appropriate Minister may make a final decision without further investigation as to the matters to which the objection relates.
(6) Subject to sub-paragraphs (4) and (5), the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion—
(a) to the person (being the Agency or the statutory undertakers) on whose representation the order is proposed to be made; and
(b) to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity.
(7) Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.
(8) In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made.
19 (1) Any expression used in this Part of this Schedule to which a meaning is assigned by paragraph 1 of Schedule 4 to the [1984 c. 12.] Telecommunications Act 1984 has that meaning in this Part.
(2) In this Part of this Schedule “statutory undertakers” means persons who are or are deemed to be statutory undertakers for the purposes of any provision of Part XI of the [1990 c. 8.] Town and Country Planning Act 1990; and “statutory undertaking” shall be construed in accordance with section 262 of that Act (meaning of “statutory undertaker”).
(3) In this Part of this Schedule “the appropriate Minister” shall be construed as if contained in Part XI the [1990 c. 8.] Town and Country Planning Act 1990; and any reference to the Secretary of State and the appropriate Minister shall be similarly construed.
20 (1) The [1965 c. 56.] Compulsory Purchase Act 1965 (in this Part of this Schedule referred to as “the 1965 Act”) shall have effect with the modifications necessary to make it apply to the compulsory acquisition of rights by virtue of section 162(2) of this Act as it applies to the compulsory purchase of land so that, in appropriate contexts, references in the 1965 Act to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context.
(2) Without prejudice to the generality of sub-paragraph (1), in relation to the acquisition of rights by virtue of section 162(2) of this Act—
(a) Part I of the 1965 Act (which relates to compulsory purchases under the [1981 c. 67.] Acquisition of Land Act 1981) shall have effect with the modifications specified in paragraphs 21 to 23; and
(b) the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.
21 For section 7 of the 1965 Act (which relates to compensation) there shall be substituted the following section—
(1) 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 purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.
(2) The modifications subject to which subsection (1) of section 44 of the [1973 c. 26.] Land Compensation Act 1973 (compensation for injurious affectation) is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words “land is acquired or taken” there shall be substituted the words “a right over land is acquired” and for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable”.”
22 For section 8 of the 1965 Act (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following section—
(1) Where in consequence of the service on a person in pursuance of section 5 of this Act of 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”)—
(a) 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 (“the Tribunal”); and
(b) before the Tribunal has determined that question the person satisfies the Tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and—
(i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land, or
(ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs,
the compulsory purchase order to which the notice to treat relates shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the Tribunal directs.
(2) Any question as to the extent of the land in which a compulsory purchase order is deemed to authorise the purchase of an interest by virtue of the preceding subsection shall be determined by the Tribunal.
(3) Where in consequence of a determination of the Tribunal that it is satisfied as mentioned in subsection (1) of this section a compulsory purchase order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.
(4) The modifications subject to which subsection (1) of section 58 of the [1973 c. 26.] Land Compensation Act 1973 (determination of material detriment) is to have effect, as applied by subsection (2) of that section to the duty of the Tribunal in determining whether it is satisfied as mentioned in subsection (1) of this section, are that—
(a) at the beginning of paragraphs (a) and (b) there shall be inserted the words “a right over”;
(b) for the word “severance” there shall be substituted the words “right on the whole of the house, building or manufactory or of the house and the park or garden”; and
(c) for the words “part proposed” and “part is” there shall be substituted respectively the words “right proposed” and “right is”.”
23 (1) The following provisions of the 1965 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—
(a) section 9(4) (failure of owners to convey);
(b) paragraph 10(3) of Schedule 1 (owners under incapacity);
(c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and
(d) 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 acquired compulsorily is vested absolutely in the acquiring authority.
(2) Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has 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 the 1965 Act shall be modified correspondingly.
(3) Section 20 of the 1965 Act (compensation for short-term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory purchase of the interests 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.
(4) Section 22 of the 1965 Act (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) 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 in question, subject to compliance with that section as respects compensation.
Leasehold Reform, Housing and Urban Development Act 1993