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Infrastructure (Wales) Act 2024

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This is the original version (as it was originally enacted).

72Notice of authorisation of compulsory acquisition

This section has no associated Explanatory Notes

(1)Regulations must make provision imposing requirements on a prospective purchaser—

(a)to give, publish or display a compulsory acquisition notice;

(b)to provide the public with access to a copy of the infrastructure consent order to which the notice relates.

(2)A compulsory acquisition notice is a notice in the form specified in regulations—

(a)describing the order land,

(b)in a case where the infrastructure consent order authorises the compulsory acquisition of a right over land by the creation of a new right, describing the right,

(c)stating that the infrastructure consent order includes provision authorising the compulsory acquisition of a right over the land by the creation of a right over it or (as the case may be) the compulsory acquisition of the land,

(d)in a case where the order applies Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

(i)containing a statement specified in regulations about the effect of those Parts, and

(ii)inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the prospective purchaser information about the person’s name, address and interest in land, using a form specified in regulations,

(e)stating where and when a copy of the order is available for inspection in accordance with regulations under subsection (1)(b), and

(f)stating that a person aggrieved by the order may challenge the order only in accordance with section 96.

(3)In this section—

  • the order land” (“tir y gorchymyn”) means—

    (a)

    in a case where the infrastructure consent order authorises the compulsory acquisition of a right over land by the creation of a new right, the land over which the right is to be exercisable or (in the case of a restrictive covenant) to which it applies;

    (b)

    in any other case where the infrastructure consent order authorises the compulsory acquisition of land, the land authorised to be compulsorily acquired;

  • the prospective purchaser” (“y darpar brynwr”) means—

    (a)

    in a case where the infrastructure consent order authorises the compulsory acquisition of a right over land by the creation of a new right, the person for whose benefit the order authorises the creation of the right;

    (b)

    in any other case where the infrastructure consent order authorises the compulsory acquisition of land, the person authorised by the order to compulsorily acquire the land.

(4)The prospective purchaser must send a compulsory acquisition notice to the Chief Land Registrar and it is to be a local land charge in respect of the land to which it relates.

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