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Land Compensation Act 1961
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Changes over time for: Section 31
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Land Compensation Act 1961. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 31:
- s. 31 excluded by 2023 asc 3 Sch. 9 para. 4(7)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by 2023 asc 3 s. 142(5)
- Act applied by S.I. 2024/360 art. 38(3)
- Act applied by S.I. 2024/393 art. 30(3)
- Act applied (with modifications) by S.I. 2024/360 Sch. 5 para. 1 2
- Act applied (with modifications) by S.I. 2024/436 Sch. 9 para. 1 2
- Act applied (with modifications) by S.I. 2024/526 Sch. 10 para. 1 2
- Act applied (with modifications) by S.I. 2024/564 Sch. 8 para. 1 2
- Act excluded by 2023 asc 3 s. 140(4)(a)
- Act modified by S.I. 2020/1297 art. 36 (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
- Act modified by S.I. 2020/1297 Sch. 5 para. 2 (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
- Act modified by S.I. 2021/51 Sch. 6 para. 2 (This amendment not applied to legislation.gov.uk. S.I. 2021/51 removed from the website by request from the Department of Transport dated 12th July 2021 which followed the decision of the High Court of Justice to quash these Regulations in the judgement dated 8th July 2021 (High Court of Justice — Planning Court — The Queen (on the application of Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 14(2A)(2B) substituted for s. 14(3)(4) by 2023 c. 55 s. 189(2)(b)
- s. 14A inserted by 2023 c. 55 s. 190(2)(a)
- s. 17(1A)-(1C) inserted by 2023 c. 55 s. 189(3)(b)
- s. 17(3)(ba) substituted for s. 17(3)(a)(b) by 2023 c. 55 s. 189(3)(c)
- s. 17(5A)-(5C) substituted for s. 17(5)-(8) by 2023 c. 55 s. 189(3)(d)
- s. 18(2)(b)(iia) inserted by 2023 c. 55 s. 189(4)(a)(ii)
- s. 18(2)(aa) inserted by 2023 c. 55 s. 189(4)(a)(i)
- s. 18(2A)(2B) inserted by 2023 c. 55 s. 189(4)(b)
- s. 22(2A) inserted by 2023 c. 55 s. 189(7)
- s. 32(3) inserted by 2023 c. 55 s. 190(2)(b)
- Sch. 2A inserted by 2023 c. 55 s. 190(2)(c)
31 Withdrawal of notices to treat. E+W
(1)Where a claimant has delivered such a notice as is mentioned in paragraph (b) of subsection (1) of section four of this Act, the acquiring authority may, at any time within six weeks after the delivery thereof, withdraw any notice to treat which has been served on him or on any other person interested in the land authorised to be acquired.
(2)Where a claimant has failed to deliver a notice as required by the said paragraph (b), the acquiring authority may, at any time after the decision of the [F1Upper Tribunal] on his claim but not later than six weeks after the claim has been finally determined, withdraw any notice to treat which has been served on him or on any other person interested in the land authorised to be acquired, unless the authority have entered into possession of the land by virtue of the notice.
(3)Where the acquiring authority withdraw a notice to treat under this section, the authority shall be liable to pay compensation to the person to whom it was given for any loss or expenses occasioned to him by the giving and withdrawal of the notice, but if the notice is withdrawn under subsection (2) of this section not for any loss or expenses incurred by the claimant mentioned therein after the time when, in the opinion of the [F2Upper Tribunal], a proper notice of claim should have been delivered by him.
[F3(3A)Where the acquiring authority withdraw a notice to treat under this section, the authority shall also be liable to pay a person compensation for any loss or expenses occasioned by the person as a result of the giving and withdrawal of the notice to treat if the person—
(a)acquired the interest to which the notice to treat relates before its withdrawal, and
(b)has not subsequently been given a notice to treat in relation to that interest.]
(4)The amount of any compensation payable under subsection (3) [F4or (3A)] of this section shall, in default of agreement, be determined by the [F5Upper Tribunal].
(5)So long as the acquiring authority are entitled to withdraw a notice to treat under subsection (2) of this section, the authority shall not be compellable to take the land to which the notice relates or to pay any compensation awarded in respect of the taking.
(6)For the purposes of this section, a claim shall not be deemed to be finally determined so long as the time for requiring the [F6Upper Tribunal] to state a case with respect thereto, or for appealing from any decision on the points raised by a case so stated, has not expired.
Textual Amendments
F1Words in s. 31(2) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 43 (with Sch. 5)
F2Words in s. 31(3) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 43 (with Sch. 5)
F3S. 31(3A) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 193(2), 216(3); S.I. 2018/251, reg. 4(d) (with reg. 6)
F4Words in s. 31(4) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 193(3), 216(3); S.I. 2018/251, reg. 4(d) (with reg. 6)
F5Words in s. 31(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 43 (with Sch. 5)
F6Words in s. 31(6) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 43 (with Sch. 5)
Modifications etc. (not altering text)
C1S. 31 excluded by Forestry Act 1967 (c. 10), s. 22(5), Agriculture Act 1967 (c. 22), s. 49(7)(ii), Town and Country Planning Act 1971 (c. 78), s. 208, Land Compensation Act 1973 (c. 26), s. 54(4), Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 7(3) and Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 139(5), 143(8), 146(6), 147, 167
C2S. 31 restricted by Housing Act 1985 (c. 68, SIF 61), s. 227(2)
C3S. 31 excluded (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 9(6) (with arts. 27(2), 39, Sch. 10 para. 4)
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