SCHEDULES

SCHEDULE 6Acquisition of land shown within limits on deposited plans

Part 2Application of legislation relating to compulsory purchase

Lands Clauses Consolidation Act 1845

1

The Lands Clauses Consolidation Act 1845 (c. 18) shall not apply to the acquisition of land under section 6(1) above.

Compulsory Purchase Act 1965

2

Part 1 of the Compulsory Purchase Act 1965 (c. 56), so far as not inconsistent with this Act, shall apply to an acquisition of land under section 6(1) as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 (c. 67) applies and as if this Act were a compulsory purchase order under that Act.

3

1

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

2

Section 4 (time 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 14 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 section 22(2) (expiry of time limit for exercise of power of compulsory acquisition not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” there shall be substituted “ section 6(6) of the Crossrail Act 2008 ”.

5

In Schedule 3 (alternative procedures 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 Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) shall apply as if this Act were a compulsory purchase order.

5

1

In its application by virtue of paragraph 4, 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

References to the Compulsory Purchase Act 1965 (c. 56) shall be construed as references to that Act as applied to the acquisition of land under section 6(1).