Law Commission consultation on compulsory purchase

We invite consultees’ views on the operation of the no-scheme rule in sections 6A-6E of the Land Compensation Act 1961 and whether there are any issues with these provisions in practice. 

We invite consultees’ views as to whether rule (3) of section 5 of the Land Compensation Act 1961 serves any independent purpose that would not be covered by the newly codified no-scheme rule in sections 6A-6E of the 1961 Act. Can rule (3) be safely repealed?

In the no-scheme rule cancellation assumption of section 6A(4) of the Land Compensation Act 1961, the cancellation date for the acquiring authority’s scheme is the valuation date of the subject land. In the cancellation assumption for planning assumptions in section 14(5)(a) of the 1961 Act, the cancellation date is the launch date for the scheme.

We invite consultees’ views as to:

1. whether this discrepancy gives rise to any difficulties; and
2. whether the cancellation dates should be harmonised to be the valuation date.