Part 4Taking title to land

General vesting declarations

I135General vesting declarations

1

Ministers may vest in themselves by a general vesting declaration any land which they are authorised to acquire compulsorily under section 22.

2

Schedule 15 to the 1997 Act accordingly applies to the compulsory acquisition of land under section 22, with the following modifications—

a

this Act is to be treated as a compulsory purchase order,

b

Ministers are the “acquiring authority”,

c

section 36 of this Act applies instead of paragraph 2, and

d

in the definition of land in paragraph 39, “relevant enactments” means this Act.

I236Duty to publicise general vesting declarations

1

Before making a general vesting declaration, Ministers must—

a

publish a compulsory purchase notice in one or more local newspapers circulating in the locality in which the land comprised in the general vesting declaration is situated,

b

serve a notice in the same or a similar form (together with a copy of this Act and the Parliamentary plans) on—

i

the owner of the land to which the general vesting declaration relates,

ii

any occupier of that land (except tenants for any period of no longer than a month),

iii

the holder of any real burden which would be extinguished under section 25 on the registration of the general vesting declaration, and

iv

if a development management scheme applies to the land, the owners' association concerned.

2

A “compulsory purchase notice” means a notice in the form prescribed for notices under paragraph 6 of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42) which—

a

states that this Act has received Royal Assent,

b

describes the land to which the general vesting declaration relates,

c

names a place where a copy of this Act, of the Parliamentary plans and of the book of reference may be inspected at all reasonable hours,

d

states the effect of paragraphs 1 to 8 of Schedule 15 to the 1997 Act in the manner prescribed for the purposes of sub-paragraph (1)(a) of paragraph 2 of Schedule 15 to the 1997 Act, and

e

invites every person who, if the general vesting declaration were made, would be entitled to compensation to give Ministers information in the form prescribed for the purposes of sub-paragraph (1)(b) of that paragraph.