Section 109 General vesting declarations: advancement of vesting by agreementI1I2I3

The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as set out in subsections (2) to (6).

After section 8A insert—

“Advancement of vesting by agreement

8B

(1)

The acquiring authority may agree in writing with the owner of any interest which is to vest in the authority under section 8 that the interest is to vest on a date before the vesting date.

(2)

The agreed date may not be before the day after the last day on which a person may bring proceedings for questioning the compulsory purchase order.

(3)

If an agreement under subsection (1) is in force—

(a)

section 7 (other than section 7(1)(c)) and section 8 operate in relation to the interest as if the vesting date were the agreed date;

(b)

an owner of an interest who is a party to the agreement may not serve a counter-notice under paragraph 2 of Schedule A1 (counter-notice requiring purchase of additional land).

(4)

But if the interest subject to the agreement does not entitle the owner to possession of the land concerned, subsection (3)(a) does not advance the date on which the right to enter on and take possession of the land arises under section 8.”

In section 7(1) (constructive notice to treat), in the words before paragraph (a) for “section 8A” substitute “sections 8A and 8B”.

In section 8(1) (vesting, and right to enter and take possession), in the words before paragraph (a) after “8A” insert “, 8B”.

In section 10 (acquiring authority’s liability on vesting of the land), for subsection (1A) substitute—

“(1A)

Where by virtue of an agreement under section 8A or 8B different interests in the land vest in the acquiring authority on different dates, subsection (1) does not give rise to any liability in relation to an interest until that interest becomes vested.”

In Schedule A1 (counter-notice requiring purchase of additional land), in paragraph 2, at the end insert “(but this is subject to section 8B(3)(b)).”

In section 5A of the Land Compensation Act 1961 (relevant valuation date), in subsection (4A), in the words before paragraph (a)—