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You are here: BAILII >> Databases >> The Law Commission >> TOWARDS A COMPULSORY PURCHASE CODE: 2 PROCEDURE (A Consultative Report) [2002] EWLC 169 (18 November 2002) URL: http://www.bailii.org/ew/other/EWLC/2002/169.html Cite as: [2002] EWLC 169 |
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A Consultative Report
London: TSO
The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law.
The Law Commissioners are:
The Honourable Mr Justice Toulson, Chairman
Professor Hugh Beale, QC
Mr Stuart Bridge
Professor Martin Partington, CBE
Judge Alan Wilkie, QC
The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ.
This Consultative Report, completed on 18 November 2002, is circulated for comment and criticism only. It does not represent the final views of the Law Commission.
The Law Commission would be grateful for comments on this Consultative Report before 18 February 2003. Comments may be sent either
By post to:WC1N 2BQ
Tel: 020-7453-1214By email to:
It would be helpful if, where possible, comments sent by post could also be sent on disk, or by email to the above address, in any commonly used format.
It may be helpful, either in discussion with others concerned or in any subsequent recommendations, for the Law Commission to be able to refer to and attribute comments submitted in response to this Consultative Report. Any request to treat all, or part, of a response in confidence will, of course, be respected, but if no such request is made the Law Commission will assume that the response is not intended to be confidential.
The text of this Consultative Report is available on the Internet at:
http://www.lawcom.gov.uk
CONTENTS
| PART I: INTRODUCTION | Part I |
| Terms of reference | 1.1 |
| Scope of the project | 1.2 |
| Government policy | 1.4 |
| CPPRAG Review | 1.4 |
| Law Commission Scoping Paper | 1.7 |
| The DTLR Policy Statement | 1.8 |
| ODPM Policy Response Document | 1.11 |
| Content of the Report | 1.12 |
| Omissions | 1.20 |
| Summary of Contents and Main Recommendations | 1.34 |
| PART II: THE EXISTING LAW | Part II |
| Introduction | 2.1 |
| The Law Today | 2.2 |
| Sources of the current law | 2.4 |
| (1) Powers of compulsory purchase | 2.5 |
| (2) Making and authorisation | 2.8 |
| (3) Implementation | 2.10 |
| (4) Determination of compensation | 2.13 |
| (5) Compensation rules | 2.14 |
| PART III: GENERAL ISSUES | Part III |
| Introduction | 3.1 |
| (1) Application of the Procedural Statutes | 3.3 |
| (2) Basic Definitions | 3.7 |
| (3) Service of Documents | 3.13 |
| Proposal 1 Service of documents | 3.24 |
| Consultation issue (A) Service of documents | 3.24 |
| (4) Entry for survey | 3.25 |
| Consultation issue (B) Entry for survey | 3.28 |
| PART IV: AUTHORISATION OF COMPULSORY PURCHASE | Part IV |
| Introduction | 4.1 |
| (1) Ministerial and non-Ministerial orders | 4.3 |
| Consultation issue (C) Ministerial and non-Ministerial orders | 4.5 |
| (2) Making and Confirming | 4.6 |
| Existing law | 4.6 |
| Government proposals | 4.7 |
| Proposal 2 Statutory objector | 4.8 |
| Service of notices | 4.9 |
| Confirmation of unopposed orders | 4.12 |
| Confirmation in stages | 4.14 |
| Conclusion on authorisation procedure | 4.15 |
| Consultation issue (D) Making and confirming | 4.15 |
| (3) Legal Challenge | 4.16 |
| Who may make the challenge? | 4.18 |
| What can be challenged? | 4.21 |
| Powers of the Court | 4.23 |
| Proposal 3 Legal challenge | 4.24 |
| Consultation issue (E) Legal challenge | 4.24 |
| PART V: IMPLEMENTATION PROCEDURES | Part V |
| Introduction | 5.1 |
| (1) Alternative Procedures | 5.4 |
| Proposal 4 Alternative procedures | 5.5 |
| Consultation issue (F) Alternative procedures | 5.5 |
| (2) Time Limits | 5.6 |
| Notice to treat procedure | 5.6 |
| Vesting declaration procedure | 5.9 |
| Reform proposals | 5.12 |
| Proposal 5 Time limits | 5.15 |
| Consultation issue (G) Time limits | 5.15 |
| (3) Notice to Treat Procedure | 5.16 |
| (a) Formalities for notice to treat | 5.17 |
| Proposal 6 Notice to treat | 5.22 |
| Consultation issue (H) Notice to treat | 5.22 |
| (b) Notice of entry | 5.23 |
| Consultation issue (I) Notice of entry | 5.28 |
| (c) Completion of purchase | 5.29 |
| Consultation issue (J) Completion of purchase | 5.33 |
| (d) Deed poll procedure | 5.34 |
| Proposal 7 Deed poll procedure | 5.37 |
| Consultation issue (K) Deed poll procedure | 5.37 |
| (e) Missing interests | 5.38 |
| Proposal 8 Owner untraced, or unable or unwilling to act | 5.41 |
| Consultation issue (L) Owners untraced etc | 5.41 |
| (f) Persons with unlimited powers | 5.42 |
| Consultation issue (M) Persons with limited powers | 5.46 |
| (4) Vesting Declaration Procedure | 5.47 |
| Procedure | 5.48 |
| Discussion | 5.51 |
| Consultation issue (N) Vesting declaration procedure | 5.51 |
| PART VI: PARTICULAR INTERESTS | Part VI |
| Introduction | 6.1 |
| (1) Lesser Interests | 6.2 |
| (a) Minor tenancies | 6.3 |
| Proposal 9 Minor tenancies | 6.8 |
| (b) Easements and other private rights | 6.9 |
| Proposal 10 Easements and other rights | 6.25 |
| Consultation issue (P) Easements and other rights | 6.25 |
| (2) Divided Interests | 6.26 |
| Outline of the existing law | 6.28 |
| Government proposals | 6.42 |
| Proposals | 6.49 |
| Proposal 11 Divided interests (unified procedure) | 6.56 |
| Consultation issue (Q) Divided interests (unified procedure) | 6.56 |
| (3) Mortgages and Rentcharges | 6.57 |
| Existing law | 6.57 |
| Discussion | 6.70 |
| Consultation issue (R) Mortgages and rentcharges | 6.71 |
| (4) Public rights of way | 6.72 |
| Existing law | 6.72 |
| Discussion | 6.77 |
| Consultation issue (S) Public rights of way | 6.77 |
| PART VII: SUPPLEMENTARY PROVISIONSS | Part VII |
| Introduction | 7.1 |
| (1) Limitation | 7.2 |
| The existing law | 7.2 |
| Law Commission Report on the Law of Limitations | 7.8 |
| Proposals | 7.11 |
| Proposal 12 Limitation periods | 7.17 |
| Consultation issue (T) Limitation periods | 7.17 |
| (2) Unauthorised Entry and Omitted Interests | 7.18 |
| Existing law | 7.18 |
| Discussion | 7.22 |
| Consultation issue (U) Unauthorised entry and omitted interests | 7.26 |
| (3) Refusal to Give Possession | 7.27 |
| Proposal 13 Refusal of entry | 7.29 |
| Consultation issue (V) Refusal of entry | 7.29 |
| (4) Distress | 7.30 |
| Proposal 14 Distress | 7.31 |
| Consultation issue (W) Distress | 7.31 |
| (5) Payments Into and Out of Court | 7.32 |
| Payments into court | 7.32 |
| Payments out of court | 7.36 |
| Discussion | 7.39 |
| Proposal 15 Payments into court | 7.40 |
| Consultation issue (X) Payments into and out of court | 7.40 |
| (6) Costs of Completion | 7.41 |
| Proposal 16 Costs of completion | 7.43 |
| Consultation issue (Y) Costs of completion | 7.43 |
| (7) Local Land Charges | 7.44 |
| Existing law | 7.44 |
| Proposals for change | 7.51 |
| Discussion | 7.52 |
| Proposal 17 Local land charges | 7.56 |
| Consultation issue (Z) Local land charges | 7.56 |
| Part VIII: Abortive orders | Part VIII |
| Existing Law | 8.1 |
| Introduction | 8.1 |
| Historical Background | 8.3 |
| Outline of existing law | 8.8 |
| Human Rights Act 1998 | 8.19 |
| Proposals for Change | 8.20 |
| The CPPRAG Review | 8.20 |
| Policy Statement | 8.22 |
| Commonwealth Comparisons | 8.26 |
| Main Issues | 8.32 |
| When should the entitlement begin? | 8.33 |
| Who may claim? | 8.34 |
| Paragraph | |
| In what circumstances should the entitlement arise? | 8.38 |
| What should be the basis of compensation? | 8.47 |
| Acquisitions for Enforcement Purposes | 8.48 |
| Dispute Resolution | 8.53 |
| Proposal 18 Abortive Orders | 8.53 |
| Consultation Issue (AA) Abortive Orders | 8.53 |
| PART IX: TREATMENT OF EXISTING PROVISIONS | Part IX |
| Making and Authorisation of Compulsory Purchase Orders | |
| Acquisition of Land Act 1981 | |
| Implementation of Compulsory Purchase | |
| Compulsory Purchase Act 1965 | |
| Compulsory Purchase (Vesting Declarations) Act 1981 | |
| Other Statutes | |
| Land Compensation Act 1973 | |
| Local Land Charges Act 1975 | |
| Local Government (Miscellaneous Provisions) Act 1976 | |
| PART X: PROPOSALS AND CONSULTATION ISSUES | Part X |
| Part III General Issues | |
| Proposal 1 Service of documents | |
| Consultation issue (A) Service of documents | |
| Consultation issue (B) Entry for survey | |
| Part IV Authorisation of Compulsory Purchase | |
| Consultation issue (C) Ministerial and non-Ministerial orders | |
| Proposal 2 Statutory Objector | |
| Consultation issue (D) Making and confirming | |
| Proposal 3 Legal challenge | |
| Consultation issue (E) Legal challenge | |
| Part V Implementation Procedures | |
| Proposal 4 Alternative procedures | |
| Consultation issue (F) Alternative Procedures | |
| Proposal 5 Time limits | |
| Consultation issue (G) Time limits | |
| Proposal 6 Notice to treat | |
| Consultation issue (H) Notice to treat | |
| Consultation issue (I) Notice of entry | |
| Consultation issue (J) Completion of purchase | |
| Proposal 7 Deed poll procedure | |
| Consultation issue (K) Deed poll procedure | |
| Proposal 8 Owner untraced, or unable or unwilling to act | |
| Consultation issue (L) Owners untraced, or unable or unwilling to act | |
| Consultation issue (M) Persons with limited powers | |
| Consultation issue (N) Vesting declaration procedure | |
| Part VI Particular Interests | |
| Proposal 9 Minor tenancies | |
| Consultation issue (O) Minor tenancies | |
| Proposal 10 Easements and other rights | |
| Consultation issue (P) Easements and other rights | |
| Proposal 11 Divided interests (Unified procedure) | |
| Consultation issue (Q) Divided interests (Unified procedure) | |
| Consultation issue (R) Mortgages and rentcharges | |
| Consultation issue (S) Public rights of way | |
| Part VII Supplementary Provisions | |
| Proposal 12 Limitation periods | |
| Consultation issue (T) Limitation periods | |
| Consultation issue (U) Unauthorised entry and omitted interests | |
| Proposal 13 Refusal of entry | |
| Consultation issue (V) Refusal of entry | |
| Proposal 14 Distress | |
| Consultation issue (W) Distress | |
| Proposal 15 Payments into court | |
| Consultation issue (X) Payments into and out of court | |
| Proposal 16 Costs of Completion | |
| Consultation issue (Y) Costs of completion | |
| Proposal 17 Local land charges | |
| Consultation issue (Z) Local land charges | |
| Part VIII Abortive Orders | |
| Proposal 18 Abortive orders | |
| Consultation issue (AA) Abortive orders | |
| Part XI Conclusion | |
| Consultation issue (BB) Conclusion | |
| PART XI: CONCLUSION | Part XI |
| Impact of our Proposals | 11.1 |
| The Law Commission's role and Government policy | 11.1 |
| Background | 11.4 |
| The Law Commission's proposals | 11.9 |
| Consultation | 11.14 |
| Consultation issue (BB) Conclusion | 11.15 |
| APPENDIX 1: GLOSSARY ABBREVIATIONS OF STATUTES | Appendix 1 |
| English statutes | |
| Australian statutes | |
| Canadian statutes | |
| APPENDIX 2: EXTRACTS FROM ENGLISH STATUTES | Appendix 2 |
| Contents | |
| (1) Land Compensation Act 1961 | |
| (2) Compulsory Purchase Act 1965 | |
| (3) Land Compensation Act 1973 | |
| (4) Local Government (Miscellaneous Provisions) Act 1976 | |
| (5) Acquisition of Land Act 1981 | |
| (6) Compulsory Purchase (Vesting Declarations) Act 1981 | |
| (7) Town and Country Planning Act 1990 | |
| APPENDIX 3: ACKNOWLEDGEMENTS | Appendix 3 |
| Organisations and Individuals | |
| Other Consultees | |
| APPENDIX 4: BIBILOGRAPHY | Appendix 4 |
| English Law | |
| Books | |
| Law Commission Publications | |
| Government Publications | |
| Other Reports/Papers | |
| Australian Law | |
| Books | |
| Reports/Papers | |
| Canadian Law | |
| Books | |
| Reports/Papers |
