acthub.

Local Land Charges Act 1975

Sections50

Local Land Charges Act 1975

1975 c. 76

An Act to make fresh provision for and in connection with the keeping of local land charges registers and the registration of matters therein.

Enacted[12th November 1975] I1C1C2C3C4C5C6C7C8C9C10C11C12C31C35C34

Definition of local land charges

1  Local land charges.

1 A charge or other matter affecting land is a local land charge if it falls within any of the following descriptions and is not one of the matters set out in section 2 below:—
a any charge acquired either before or after the commencement of this Act by a local authority or National Park authority, water authority sewerage undertaker or new town development corporation under the M1Public Health Acts 1936 M2 and 1937, . . . F3,the M3Public Health Act 1961 or the Highways Act M41980 (or any Act repealed by that Act)or the Building Act M51984,or any similar charge acquired by a local authority or National Park authority under any other Act, whether passed before or after this Act, being a charge that is binding on successive owners of the land affected;
b any prohibition of or restriction on the use of land—
i imposed by a local authority or National Park authority on or after 1st January 1926 (including any prohibition or restriction embodied in any condition attached to a consent, approval or licence granted by a local authority or National Park authority on or after that date), or
ii enforceable by a local authority or National Park authority under any covenant or agreement made with them on or after that date,
being a prohibition or restriction binding on successive owners of the land affected;
C13c any prohibition of or restriction on the use of land—
i imposed by a Minister of the Crown or government department on or after the date of the commencement of this Act (including any prohibition or restriction embodied in any condition attached to a consent, approval or licence granted by such a Minister or department on or after that date), or
ii enforceable by such a Minister or department under any covenant or agreement made with him or them on or after that date,
being a prohibition or restriction binding on successive owners of the land affected;
C14d any positive obligation affecting land enforceable by a Minister of the Crown, government department or local authority or National Park authority under any covenant or agreement made with him or them on or after the date of the commencement of this Act and binding on successive owners of the land affected;
e any charge or other matter which is expressly made a local land charge by any statutory provision not contained in this section.
2 For the purposes of subsection (1)(a) above, any sum which is recoverable from successive owners or occupiers of the land in respect of which the sum is recoverable shall be treated as a charge, whether the sum is expressed to be a charge on the land or not.
3 For the purposes of this section and section 2 of this Act, the Broads Authority shall be treated as a local authority or National Park authority.

C322  Matters which are not local land charges.

The following matters are not local land charges:—
C15a a prohibition or restriction enforceable under a covenant or agreement made between a lessor and a lessee;
C15b a positive obligation enforceable under a covenant or agreement made between a lessor and a lessee;
C27C29C30c a prohibition or restriction enforceable by a Minister of the Crown, government department or local authority or National Park authority under any covenant or agreement, being a prohibition or restriction binding on successive owners of the land affected by reason of the fact that the covenant or agreement is made for the benefit of land of the Minister, government department or local authority or National Park authority;
d a prohibition or restriction embodied in any bye-laws;
e a condition or limitation subject to which planning permission was granted at any time before the commencement of this Act or was or is (at any time) deemed to be granted under any statutory provision relating to town and country planning, whether by a Minister of the Crown, government department or local authority or National Park authority;
f a prohibition or restriction embodied in a scheme under the M6Town and Country Planning Act 1932 or any enactment repealed by that Act;
g a prohibition or restriction enforceable under a forestry dedication covenant entered into pursuant to section 5 of the M7Forestry Act 1967;
h a prohibition or restriction affecting the whole of any of the following areas:—
i England, Wales or England and Wales;
ii England, or England and Wales, with the exception of, or of any part of, Greater London;
iii Greater London.

Searches

8  Personal searches.

1 Any person may search in the local land charges register on paying the prescribed fee (if any).
1A If the local land charges register is kept in electronic form, the entitlement of a person to search in it is satisfied if the Chief Land Registrar makes the portion of it which he wishes to examine available for inspection in visible and legible form.
2 Without prejudice to subsections (1) and (1A) above, the Chief Land Registrar may provide facilities for enabling persons entitled to search in the F50... local land charges register to see photographic or other images or copies of any portion of the register which they may wish to examine.

9  Official searches.

1 Where any person requires an official search of the F55... local land charges register to be made in respect of any land, he may make a requisition in that behalf to the Chief Land Registrar .
F572 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 The prescribed fee (if any) shall be payable in the prescribed manner in respect of any requisition made under this section.
4 Where a requisition is made to the Chief Land Registrar under this section and the fee (if any) payable in respect of it is paid in accordance with subsection (3) F53... above, the Chief Land Registrar shall thereupon make the search required and shall issue an official certificate setting out the result of the search.

Compensation for non-registration or defective official search certificate

C17C1810  Compensation for non-registration or defective official search certificate.

C331 Failure to register a local land charge in the F74... local land charges register shall not affect the enforceability of the charge but where a person has purchased any land affected by a local land charge, then—
a in a case where a material personal search of the F74... local land charges register was made in respect of the land in question before the relevant time, if at the time of the search the charge was in existence but not registered in that register; or
aa if the F74 ... local land charges register is kept in electronic form and a material personal search of that register was made in respect of the land in question before the relevant time, if the entitlement to search in that register conferred by section 8 above was not satisfied as mentioned in subsection (1A) of that section; or
b in a case where a material official search of the F74... local land charges register was made in respect of the land in question before the relevant time, if the charge was in existence at the time of the search but (whether registered or not) was not shown by the official search certificate as registered in that register,
the purchaser shall (subject to section 11(1) below) be entitled to compensation for any loss suffered by him in consequence.
F772 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 For the purposes of this section—
a a person purchases land where, for valuable consideration, he acquires any interest in land or the proceeds of sale of land, and this includes cases where he acquires as lessee or mortgagee and shall be treated as including cases where an interest is conveyed or assigned at his direction to another person;
b the relevant time—
i where the acquisition of the interest in question was preceded by a contract for its acquisition, other than a qualified liability contract, is the time when that contract was made;
ii in any other case, is the time when the purchaser acquired the interest in question or, if he acquired it under a disposition which took effect only when registered in the register of title kept under the Land Registration Act 2002 , the time when that disposition was made;
and for the purposes of sub-paragraph (i) above, a qualified liability contract is a contract containing a term the effect of which is to make the liability of the purchaser dependent upon, or avoidable by reference to, the outcome of a search for local land charges affecting the land to be purchased.
c a personal search is material if, but only if—
i it is made after the commencement of this Act, and
ii it is made by or on behalf of the purchaser or, before the relevant time, the purchaser or his agent has knowledge of the result of it;
d an official search is material if, but only if—
i it is made after the commencement of this Act, and
ii it is requisitioned by or on behalf of the purchaser or, before the relevant time, the purchaser or his agent has knowledge of the contents of the official search certificate.
4 Any compensation for loss under this section shall be paid by the Chief Land Registrar ; and where the purchaser has incurred expenditure for the purpose of obtaining compensation under this section, the amount of the compensation shall include the amount of the expenditure reasonably incurred by him for that purpose (so far as that expenditure would not otherwise fall to be treated as loss for which he is entitled to compensation under this section).
5 Where any compensation for loss under this section is paid by the Chief Land Registrar , then, unless an application for registration of the charge was made to the Chief Land Registrar by the originating authority in time for it to be practicable for the Chief Land Registrar to avoid incurring liability to pay that compensation, an amount equal thereto shall be recoverable from the originating authority by the Chief Land Registrar .
5A An amount equal to any compensation paid under this section by the Chief Land Registrar in respect of a local land charge is also recoverable from the originating authority in a case where the matter within subsection (1) giving rise to the Chief Land Registrar's liability is a consequence of—
a an error made by the originating authority in applying to register the local land charge, or
b an error made by the originating authority in applying for the registration of the local land charge to be varied or cancelled.
6 Where any compensation for loss under this section is paid by the Chief Land Registrar , no part of the amount paid, or of any corresponding amount paid to the Chief Land Registrar by the originating authority under subsection (5) or (5A) above, shall be recoverable by the Chief Land Registrar or the originating authority from any other person except as provided by subsection (5) or (5A) above or under a policy of insurance or on grounds of fraud.
6A The Chief Land Registrar may insure against the risk of liability to pay compensation under this section.
7 In the case of an action to recover compensation under this section the cause of action shall be deemed for the purposes of the Limitation Act 1980 to accrue at the time when the local land charge comes to the notice of the purchaser; and for the purposes of this subsection the question when the charge came to his notice shall be determined without regard to the provisions of section 198 of the M10Law of Property Act 1925 (under which registration under certain enactments is deemed to constitute actual notice).
8 Where the amount claimed by way of compensation under this section does not exceed £5,000, proceedings for the recovery of such compensation may be begun in the county court .
9 If in any proceedings for the recovery of compensation under this section the court dismisses a claim to compensation, it shall not order the purchaser to pay the Chief Land Registrar's costs unless it considers that it was unreasonable for the purchaser to commence the proceedings.

11  Mortgages, trusts for sale and settled land.

1 Where there appear to be grounds for a claim under section 10 above in respect of an interest that is subject to a mortgage—
a the claim may be made by any mortgagee of the interest as if he were the person entitled to that interest but without prejudice to the making of a claim by that person;
b no compensation shall be payable under that section in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage);
c any compensation payable under that section in respect of the interest that is subject to the mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee and shall in either case be applied by him as if it were proceeds of sale.
2 Where an interest is subject to a trust of land any compensation payable in respect of it under section 10 above shall be dealt with as if it were proceeds of sale arising under the trust.
3 Where an interest is settled land for the purposes of the M11Settled Land Act 1925 any compensation payable in respect of it under section 10 above shall be treated as capital money arising under that Act.

Miscellaneous and supplementary

12  Office copies as evidence.

An office copy of an entry in the local land charges register shall be admissible in evidence in all proceedings and between all parties to the same extent as the original would be admissible.

C20C2113  Protection of solicitors, trustees etc. C19

A solicitor or a trustee, personal representative, agent or other person in a fiduciary position, shall not be answerable in respect of any loss occasioned by reliance on an erroneous official search certificate or an erroneous office copy of an entry in the local land charges register .

F60 13A  Specification of fees by registering authorities in England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14  Rules.

C26C281 The Lord Chancellor may, with the concurrence of the Treasury as to fees, make rules for carrying this Act into effect and, in particular, rules—
a for regulating the practice of the Chief Land Registrar in connection with the registration of local land charges or matters which, when registered, become local land charges;
b as to forms and contents of applications for registration, and the manner in which such applications are to be made;
c as to the manner in which the land affected or to be affected by a local land charge is, where practicable, to be identified for purposes of registration;
d as to the manner in which and the times at which registrable matters are to be registered;
e as to forms and contents of requisitions for official searches and of official search certificates;
f for regulating personal searches and related matters;
fa as to the variation without an order of the court of the registration of a local land charge—
i on the application or with the consent of the person by whom it is enforceable, or
ii of the Chief Land Registrar's own motion;
g as to the cancellation without an order of the court of the registration of a local land charge—
i on its cesser,
ii on the application or with the consent of the person by whom it is or was enforceable, or
iii of the Chief Land Registrar's own motion;”, and
h for prescribing the fees to be paid to the Chief Land Registrar for services relating to local land charges provided by the Chief Land Registrar.
2 Without prejudice to the generality of subsection (1) above, the power to make rules under that subsection shall include
a power to make rules (with the concurrence of the Treasury as to fees) for carrying into effect the provisions of any statutory provision by virtue of which any matter is registrable in the local land charges register .
aa power to make rules—
i prescribing different fees for different services or descriptions of service;
ii prescribing services or descriptions of service for which no fees are payable;
b power to make rules about communications for the purposes of this Act, or any statutory provision by virtue of which any matter is registrable in the local land charges register, including rules as to—
i the particular means of communication which may or must be used for such purposes (which may include an electronic means of communication),
ii the circumstances in which a particular means of communication may or must be used (which may be all circumstances, subject to exceptions);
iii the form or contents of anything sent using a particular means of communication;
ba power to make rules requiring or enabling anything which is provided to or by the Chief Land Registrar for the purposes of this Act, or any statutory provision by virtue of which any matter is registrable in the local land charges register, to be provided in electronic form;
bb power to make rules enabling the Chief Land Registrar, or a person providing services to the Chief Land Registrar, to determine—
i any matter within paragraph (b), or
ii whether anything of the kind referred to in paragraph (ba) may or must be provided in electronic form; and
c power to make rules modifying the application of sections 10 and 11 above in cases where—
i the rules provide for the making of a requisition for, or the issuing of, an official search certificate by electronic means, and
ii there has been any error or failure in those means.
3 The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

15  Expenses.

There shall be paid out of money provided by Parliament—
a any administrative expenses incurred by a Minister of the Crown or government department in consequence of this Act;
b any expenditure incurred by a Minister of the Crown or government department in the payment of any amount recoverable from him or them under this Act by the Chief Land Registrar ;
c any increase attributable to this Act in the sums so payable under any other Act.

16  Interpretation.

1 In this Act, except where the context otherwise requires—
  • F62...
  • “the court” means the High Court, or the county court in a case where the county court has jurisdiction;
  • “land” includes mines and minerals, whether or not severed from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments;
  • “official search certificate” means a certificate issued pursuant to section 9(4) above;
  • “the originating authority”, as respects a local land charge, has the meaning provided by section 5(4) above;
  • “personal search” means a search pursuant to section 8 above;
  • “prescribed” means prescribed by rules made under section 14 above;
  • F62...
  • “statutory provision” means a provision of this Act or of any other Act or Measure, whenever passed, or a provision of any rules, regulations, order or similar instrument made (whether before or after the passing of this Act) under an Act, whenever passed.
1A Any reference in this Act to an office copy of an entry includes a reference to the reproduction of an entry in a register kept in electronic form.
2 Except in so far as the context otherwise requires, any reference in this Act to an enactment is a reference to that enactment as amended, extended or applied by or under any other enactment, including this Act.

17  Amendments of other satutory provisions.

1 The M12Land Charges Act 1972 shall be amended as follows:—
C22a for section 1(3) there shall be substituted—
C22b in section 2(4) and in section 2(5) the words “(not being a local land charge)” shall be inserted after “any of the following”.
C222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18  Power to amend local Acts.

1 Subject to the provisions of this section, the Lord Chancellor may by order made by statutory instrument repeal or amend any relevant local Act provision that appears to him to be inconsistent with, or to require modification in consequence of, any provision of this Act.
2 For the purposes of this section, a relevant local Act provision is a provision—
a contained in any local Act passed before this Act, and
b providing for any matter to be, or to be registered as, a local land charge or otherwise requiring or authorising the registration of any matter in a local land charges register.
3 An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament and may be varied or revoked by a subsequent order under this section.
4 Before making an order under this section the Lord Chancellor shall consult any local authority appearing to him to be concerned.

19  Repeals and transitional provisions.

C231 The enactments specified in Schedule 2 to this Act (which include certain spent provisions) and the instrument there specified are hereby repealed to the extent specified in the third column of that Schedule.
2 Nothing in this Act shall operate to impose any obligation to register or apply for the registration of any local land charge within the meaning of this Act which immediately before the commencement of this Act was by virtue of subsection (7)(b)(i) of section 15 of the M13Land Charges Act 1925 not required by that section to be registered as a local land charge, except after the expiration of one year from the commencement of this Act; and a purchaser shall not be entitled to compensation under section 10 above by virtue of section 10(1)(a) or, where the charge was not registered at the time of the search, section 10(1)(b) in respect of a local land charge which at the time of the search was not required to be registered.
F283 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 F64... nothing in this Act shall render enforceable against any purchaser whose purchase was completed before the commencement of this Act any local land charge which immediately before the commencement of this Act was not enforceable against him.

20  Short title etc.

1 This Act may be cited as the Local Land Charges Act 1975.
2 This Act binds the Crown, but nothing in this Act shall be taken to render land owned by or occupied for the purposes of the Crown subject to any charge to which, independently of this Act, it would not be subject.
F31C243 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 This Act extends to England and Wales only.

C25SCHEDULE 1 

Consequential Amendments

Section 17.

Acts

The M14Law of Property Act 1925

In section 198 of the Law of Property Act 1925—

a in subsection (1), for the words from “under” to “elsewhere” substitute “in any register kept under the Land Charges Act 1972 or any local land charges register”;
b in subsection (2), for “under the Land Charges Act 1925” substitute “in any such register”.

The M15Land Registration Act 1925

F26...

The M16Ancient Monuments Act 1931

F30...

The M17Requisitioned Land and War Works Act 1948

In section 14 of the Requisitioned Land and War Works Act 1948—

a in subsection (1), for the words from “in the prescribed manner” to the end of the subsection substitute “in the appropriate local land charges register ; and on any application being made for that purpose to the authority keeping that register that authority shall register the rights accordingly.”;
b in subsection (3), for the words from “but the said section” to the end of the subsection substitute “but the rights conferred by that section shall, as respects the land on which the line as diverted, and any such works, are constructed be a local land charge ; and for the purposes of the Local Land Charges Act 1975 the Minister maintaining and using, or authorising the maintenance and use of, the said line or works shall be treated as the originating authority as respects such charge.”;
c for subsection (4) substitute—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

The M18Coast Protection Act 1949

For section 8(8) of the Coast Protection Act 1949 substitute—

The M19Public Utilities Street Works Act 1950

F30...

The M20Hill Farming Act 1954

F29...

The M21Underground Works (London) Act 1956

For section 6(9) of the Underground Works (London) Act 1956 substitute—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

The M22Land Powers (Defence) Act 1958

In section 17 of the Land Powers (Defence) Act 1958—

a for subsection (1) substitute—
b in subsection (2)(a), for the words from “in the prescribed manner” to “situated” substitute “in the appropriate local land charges register”
c after subsection (2) insert—
d for subsection (3) substitute—
e in subsection (4)—
i for “the said subsection (6)” substitute “section 14 of the Local Land Charges Act 1975”, and
ii omit paragraphs (a) and (b) and the words “under this section” in paragraph (c).

The M23Opencast Coal Act 1958

In section 11 of the Opencast Coal Act 1958—

a for subsection (1) substitute—
b omit subsection (2)
c in subsection (3), for the words from “by virtue of” to “preceding subsection” substitute “under section 14 of the, Local Land Charges Act 1975 for the purposes of this section”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

The M24Rights of Light Act 1959

In the Rights of Light Act 1959—

a in section 2(4), for the words from “the proper officer” onwards substitute
b in section 5, omit subsection (1), and for the words from “by virtue of” to “preceding subsection” in subsection (2) substitute “under section 14 of the Local Land Charges Act 1975 for the purposes of section 2 of this Act”.
F35c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M25Land Drainage Act 1961

In section 30 of the Land Drainage Act 1961, omit the words from “and any such” to the end of the subsection in subsection (8) and after that subsection insert—

The M26Covent Garden Market Act 1961

For section 48(1) of the Covent Garden Market Act 1961 substitute—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

The M27Housing Act 1964

F30...

The M28Gas Act 1965

In the Gas Act 1965—

a for section 5(10) substitute—
b in section 11(3), for the words from “registered” onwards substitute “a local land charge.”;
c for section 27(1) substitute—
d omit section 27(2) to (4).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

The M29Agriculture Act 1967

In the Agriculture Act 1967—

a for section 45(6) substitute—
b omit section 45(7) and (8) and the words “(7) and (8)” in section 45(9);
c for paragraph 2(1) of Schedule 3 substitute—
d omit paragraph 2(2) and (3) of Schedule 3.

The M30Leasehold Reform Act 1967

In section 19 of the Leasehold Reform Act 1967—

a in subsection (10), for the words from “shall be registered” to “so registered” substitute “shall (notwithstanding section 2(a) or (b) of the Local Land Charges Act 1975) be a local land charge and for the purposes of that Act the landlord for the area to which it relates shall be treated as the originating authority as respects such charge ; and where a scheme is registered in the appropriate local land charges register”;
b after subsection (10) insert—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

The M31Field Monuments Act 1972

F30...

The M32Land Compensation Act 1973

In the Land Compensation Act 1973—

a in section 8, omit the words from “and any particulars” to the end of the subsection in subsection (4) and after that subsection insert—
F30b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c in section 52(8), substitute “Before” for “Where”, insert “to be made” after “payment” in the second place where that word occurs, and omit the words from “and any particulars” onwards;
d after section 52(8) insert—
e in section 52(9), for the words from the beginning to “the claimant” substitute “Where a local land charge is registered in the appropriate local land charges register pursuant to subsection (8A) above and the advance payment to which the charge relates is made to the claimant, then if thereafter he”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

  Measure

The M33Pastoral Measure 1968

F30...

SCHEDULE 2 

Repeals

Section 19.

Footnotes

  1. I1
    Act not in force at Royal Assent see s. 20(3); Act wholly in force at 01. 08. 1977.
  2. C1
    Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
  3. C2
    Act amended by Ancient Monuments and Archaeological Areas Act 1979 (c. 46, SIF 3), s. 8(6)
  4. C3
    Act modified by Town and Country Planning Act 1984 (c. 10 SIF: 23:1, 2), s. 5(4)
  5. C4
    Act modified by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 2(2)
  6. C5
    Act amended by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 110(4)
  7. C6
    Act modified by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 301(4)
  8. C7
    Act applied (1.11.1991) by Highways Act 1980 (c. 66, SIF 59), s. 278(8)( as substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59), s. 23 (with ss. 25(2), 167(2); S.I. 1991/2288, art. 3,Sch.)
  9. C8
    Act amended (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 22(8) (with s. 31(6));Instrument dated 16.2.1993 made by the Archbishops' of Canterbury and York.
  10. C9
    Definition of "land" applied (25. 10. 1991) by Town and Planning Act 1990 (c. 8, SIF 123:1), s. 106(13) (as substituted (25.10.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 12(1); S.I. 1991/2272, art. 3(1)(a)).
  11. C10
    Act modified (25. 10. 1991) by Town and Planning Act 1990 (c. 8, SIF 123:1), s. 106(11) (as substituted (25.10.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 12(1); S.I. 1991/2272, art. 3(1)(a).
  12. C11
    Act modified (1.11.1993) by 1993 c. 28, s. 70(11); S.I. 1993/2134, art.5.
  13. C12
    Act modified (5.11.1993) by 1993 c. 42, s. 21, Sch. 7 para. 23(3) (with s. 30(1), Sch. 2 para. 9).
  14. F1
    Words in s. 1 inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para.14 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
  15. F2
    Words inserted by Water Act 1989, (c.15, SIF 130), s. 190(1), Sch. 25 para. 52 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26, paras. 3(1)(2), 17, 40(4), 57(6), 58)
  16. M1
    1936 c. 49.
  17. M2
    1937 c. 40.
  18. F3
    Words repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 26
  19. M3
    1961 c. 64.
  20. F4
    Words substituted by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 26
  21. M4
    1980 c.xx (59).
  22. F5
    Words inserted by Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 16
  23. M5
    1984 c.35 (15).
  24. C13
    S. 1(1)(c) modified by Highways Act 1980 (c. 66, SIF 59), ss. 73(12), 74(12), 79(16), 177(11)
  25. C14
    S. 1(1)(d) modified by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 33(10)
  26. F6
    S. 1(3) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 14, Sch. 7
  27. C15
    S. 2(a)(b) excluded (1.11.1993) by 1993 c. 28, s. 70(11); S.I. 1993/2134, art. 5.
  28. F7
    Words in s. 2 inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para.14 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
  29. M6
    1932 c. 48.
  30. M7
    1967 c. 10.
  31. C16
    S. 5(4) excluded by Highways Act 1980 (c. 66, SIF 59), s. 224(3)
  32. M8
    1972 c. 61.
  33. M9
    1925 c. 20.
  34. F8
    S. 8(1A) inserted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 34(b)
  35. F9
    Words substituted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 34(c)
  36. C17
    S. 10 extended (1.7.1991) by S.I. 1991/724, art. 2(2)(a) (with art. 12).
  37. C18
    S. 10 excluded (1.11.1993) by 1993 c. 28, s. 70(13); S.I. 1993/2134, art.5.
  38. F10
    S. 10(1)(aa) inserted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 34(d)(i)
  39. F11
    Words substituted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 34(d)(ii)
  40. M10
    1925 c. 20.
  41. F12
    S. 10(8) substituted (01. 07. 1991) for s. 10(8)(8A) by S.I. 1991/724, art. 2(8), Sch. Pt. I (with art. 12).
  42. F13
    Words in s. 11(2) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para.14; S.I. 1996/2974, art.2
  43. M11
    1925 c. 18.
  44. C19
    S. 13 extended by Administration of Justice Act 1985 (c. 61, SIF 98:1), s. 34(2)(d)
  45. C20
    S. 13 extended (01. 01. 1992) by Administration of Justice Act 1985 (c. 61, SIF 76:1), s. 9, Sch. 2 para. 37(d); S.I. 1991/2683, art. 2.
  46. C21
    S. 13 extended (prosp.) by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 119(5), 124, 126, Sch. 21 paras. 9(d), 12(2)(3) (the said s. 124 which induces Sch. 21 being repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20)
  47. F14
    “(a)” and paragraphs (b) and (c) inserted by the Local Government and Housing Act 1989 (c. 42, SIF 81:1) , s. 158(2)
  48. F15
    S. 16(1A) inserted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 34(e)
  49. M12
    1972 c.61
  50. C22
    The text of s. 17(1)(a)(b), 17(2), 19(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
  51. C23
    The text of s. 17(1)(a)(b), 17(2), 19(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
  52. M13
    1925 c. 22.
  53. C24
    Power of appointment conferred by s. 20(3) fully exercised: 1.8.1977 appointed by S.I. 1977/984, art. 2
  54. M14
    1925 c. 20.
  55. M15
    1925 c. 21.
  56. M16
    1931 c. 16.
  57. F16
    Entries relating to Civil Aviation Act 1949 repealed by Civil Aviation Act 1982 (c. 16, SIF 9), s. 109, Sch. 16
  58. M17
    1948 c. 17.
  59. M18
    1949 c. 74.
  60. M19
    1950 c. 39.
  61. M20
    1954 c. 23.
  62. F17
    Entries relating to Housing Act 1957 repealed by Housing Act 1980 (c. 51, SIF 61), s. 152, Sch. 26
  63. M21
    1956 c. 59.
  64. M22
    1958 c. 30.
  65. F18
    Entries relating to Highways Act 1959 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25
  66. M23
    1958 c. 69.
  67. M24
    1959 c. 56.
  68. M25
    1961 c. 48.
  69. F19
    Entries relating to Housing Act 1961 repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), ss. 3, 5(2), Sch. 1 Pt. I, Sch. 4
  70. M26
    1961 c. 49.
  71. M27
    1964 c. 56.
  72. F20
    Entries relating to New Towns Act 1965 repealed by New Towns Act 1981 (c. 64, SIF 123:3), s. 81, Sch. 13
  73. M28
    1965 c. 36.
  74. M29
    1967 c. 22.
  75. F21
    Entries relating to Civil Aviation Act 1968 repealed by Civil Aviation Act 1982 (c. 16, SIF 9), s. 109, Sch. 16
  76. F22
    Entries relating to Highways Act 1971 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25
  77. F23
    Entries relating to Civil Aviation Act 1971 repealed by Civil Aviation Act 1982 (c. 16, SIF 9), s. 109, Sch. 16
  78. F24
    Entries relating to Town and Country Planning Act 1971 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I
  79. M30
    1967 c. 88 .
  80. M31
    1972 c. 43.
  81. F25
    Entries relating to Housing Act 1974 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5(2), Sch. 1 Pt. I, Sch. 4
  82. M32
    1973 c. 26.
  83. M33
    1968 No. 1.
  84. C25
    The text of Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
  85. F26
    Sch. 1 entry repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)
  86. F27
    Words in s. 10(3)(b)(ii) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 13 (with s. 129); S.I. 2003/1725, art. 2(1)
  87. F28
    S. 19(3) repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)
  88. F29
    Sch. 1 entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1
  89. F30
    Sch. 1 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 12
  90. F31
    S. 20(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 12
  91. C26
    S. 14(1) certain functions transferred (31.12.2004) by The National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044) , art. 1(2) , Sch. 1 (with art. 3 )
  92. F32
    Words in s. 9(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 84(3)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
  93. C27
    S. 2(c) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 44(3)
  94. F33
    Words in s. 10(8) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  95. C28
    S. 14(1) function deemed to have been transferred by S.I. 2004/3044 and 2006 c. 32, Sch. 11 (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(4)-(6) (with Sch. 5 Pt. 4 )
  96. F34
    Word in cross-heading substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 2 (with Sch. 5 Pt. 4)
  97. F35
    Words in Sch. 1 omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 31 (with Sch. 5 Pt. 4)
  98. F36
    S. 3 substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 3 (with Sch. 5 Pt. 4)
  99. F37
    S. 4 omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 4 (with Sch. 5 Pt. 4)
  100. F38
    S. 5(1) omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 5(2) (with Sch. 5 Pt. 4)
  101. F39
    S. 5(2)(3) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 5(3) (with Sch. 5 Pt. 4)
  102. F40
    Words in s. 5(6) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 5(4) (with Sch. 5 Pt. 4)
  103. F41
    S. 6(2) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 6(2) (with Sch. 5 Pt. 4)
  104. F42
    Word in s. 6(3) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 6(3) (with Sch. 5 Pt. 4)
  105. F43
    Words in s. 6(4) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 6(4)(a) (with Sch. 5 Pt. 4)
  106. F44
    Words in s. 6(4) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 6(4)(b) (with Sch. 5 Pt. 4)
  107. F45
    Words in s. 8(1) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 7(2)(a) (with Sch. 5 Pt. 4)
  108. F46
    Words in s. 8(1) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 7(2)(b) (with Sch. 5 Pt. 4)
  109. F47
    Words in s. 8(1A) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 7(3)(a) (with Sch. 5 Pt. 4)
  110. F48
    Words in s. 8(1A) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 7(3)(b) (with Sch. 5 Pt. 4)
  111. F49
    Words in s. 8(2) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 7(4)(a) (with Sch. 5 Pt. 4)
  112. F50
    Word in s. 8(2) omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 7(4)(b) (with Sch. 5 Pt. 4)
  113. F51
    S. 9(3) substituted for s. 9(3)(3A) (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 8(4) (with Sch. 5 Pt. 4)
  114. F52
    Word in s. 9(4) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 8(5)(a) (with Sch. 5 Pt. 4)
  115. F53
    Words in s. 9(4) omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 8(5)(b) (with Sch. 5 Pt. 4)
  116. F54
    Words in s. 9(4) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 8(5)(c) (with Sch. 5 Pt. 4)
  117. F55
    Word in s. 9(1) omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 8(2)(a) (with Sch. 5 Pt. 4)
  118. F56
    Words in s. 9(1) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 8(2)(b) (with Sch. 5 Pt. 4)
  119. F57
    S. 9(2) omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 8(3) (with Sch. 5 Pt. 4)
  120. F58
    Words in s. 12 substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 10 (with Sch. 5 Pt. 4)
  121. F59
    Words in s. 13 substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 11 (with Sch. 5 Pt. 4)
  122. F60
    S. 13A omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 12(1) (with Sch. 5 Pt. 4)
  123. F61
    Words in s. 15(b) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 14 (with Sch. 5 Pt. 4)
  124. F62
    Words in s. 16(1) omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 15(2) (with Sch. 5 Pt. 4)
  125. F63
    Words in s. 16(1A) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 15(3) (with Sch. 5 Pt. 4)
  126. F64
    Words in s. 19(4) omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 16 (with Sch. 5 Pt. 4)
  127. F65
    S. 14(1)(fa) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(2)(b) (with Sch. 5 Pt. 4 )
  128. F66
    S. 14(1)(h) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(2)(d) (with Sch. 5 Pt. 4 )
  129. F67
    Words in s. 14(1)(a) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(2)(a) (with Sch. 5 Pt. 4 )
  130. F68
    S. 14(1)(g) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(2)(c) (with Sch. 5 Pt. 4 )
  131. F69
    Words in s. 14(2)(a) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(3)(a) (with Sch. 5 Pt. 4 )
  132. F70
    S. 14(2)(aa) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(3)(b) (with Sch. 5 Pt. 4 )
  133. F71
    S. 14(2)(b)-(bb) substituted for s. 14(2)(b) (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(3)(c) (with Sch. 5 Pt. 4 )
  134. F72
    S. 10(5A) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(6) (with Sch. 5 Pt. 4)
  135. F73
    S. 10(6A) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(8) (with Sch. 5 Pt. 4)
  136. F74
    Word in s. 10(1) omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(2)(a) (with Sch. 5 Pt. 4)
  137. F75
    Word in s. 10(1)(aa) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(2)(b) (with Sch. 5 Pt. 4)
  138. F76
    Words in s. 10(1)(aa) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(2)(c) (with Sch. 5 Pt. 4)
  139. F77
    S. 10(2) omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(3) (with Sch. 5 Pt. 4)
  140. F78
    Words in s. 10(4) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(4) (with Sch. 5 Pt. 4)
  141. F79
    Words in s. 10(5) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(5)(a) (with Sch. 5 Pt. 4)
  142. F80
    Words in s. 10(5) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(5)(b) (with Sch. 5 Pt. 4)
  143. F81
    Words in s. 10(6) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(7)(a) (with Sch. 5 Pt. 4)
  144. F82
    Words in s. 10(6) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(7)(b) (with Sch. 5 Pt. 4)
  145. F83
    Words in s. 10(6) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(7)(c) (with Sch. 5 Pt. 4)
  146. F84
    Words in s. 10(6) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(7)(d) (with Sch. 5 Pt. 4)
  147. F85
    Words in s. 10(7) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(9) (with Sch. 5 Pt. 4)
  148. F86
    Words in s. 10(9) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 9(10) (with Sch. 5 Pt. 4)
  149. C29
    S. 2(c) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 18(3), 70(1)
  150. C30
    S. 2(c) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 15(3), 64(1)
  151. C31
    Act modified (30.9.2022) by Environment Act 2021 (c. 30), ss. 120(2), 147(3) (with s. 144, Sch. 19); S.I. 2022/48, reg. 5(a)
  152. C32
    S. 2 modified (30.9.2022) by Environment Act 2021 (c. 30), ss. 120(3), 147(3) (with s. 144, Sch. 19); S.I. 2022/48, reg. 5(a)
  153. C33
    S. 10(1) modified (30.9.2022) by Environment Act 2021 (c. 30), ss. 120(4), 147(3) (with s. 144, Sch. 19); S.I. 2022/48, reg. 5(a)
  154. C34
    Act modified (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), ss. 22(6), 212(2) (with s. 74, Sch. 14 paras. 1-3, 5); S.I. 2024/860, art. 3(a)
  155. C35
    Act modified (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), ss. 77(3), 212(2) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(b)