Compulsory Purchase (Vesting Declarations) Act 1981

Part II E+W Execution of Declaration

F1 3 Preliminary notices. E+W

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Textual Amendments

F1 S. 3 omitted (3.2.2017 for specified purposes, 6.4.2017 in so far as not already in force) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 15 para. 5; S.I. 2017/75, reg. 3(j) (with reg. 5); S.I. 2017/281, reg. 4(j) (with reg. 8(2))

4 Execution of declaration. E+W

(1) The acquiring authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form vesting the land in themselves from the end of such period as may be specified in the declaration (not being less than [F2 3 months] from the date on which the service of notices required by section 6 below is completed).

[F3 (1A) But an acquiring authority may not execute a declaration in respect of land if they have served a notice to treat in respect of that land and have not withdrawn it.

(1B) In subsection (1A) the reference to an authority having “served” a notice does not include cases in which the authority is deemed to have served a notice.]

(2) For the purposes of this Act a certificate by the acquiring authority that the service of notices required by section 6 below was completed on a date specified in the certificate shall be conclusive evidence of the fact so stated.

[F4 (3) For the purposes of this Act the “vesting date” in relation to any land that is actually specified in a general vesting declaration is—

(a) the first day after the end of the period specified in the declaration in accordance with subsection (1) above, or

(b) if a counter-notice is served under paragraph 2 of Schedule A1 within that period in relation to land, the day determined as the vesting date for the land in accordance with that Schedule.

(4) For the purposes of this Act, the “vesting date” for any land that is deemed to have been specified in a general vesting declaration by Schedule A1 is the day determined as the vesting date for the land in accordance with that Schedule.]

Textual Amendments

F2 Words in s. 4(1) substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 184, 216(3); S.I. 2017/75, reg. 3(d) (with reg. 5)

F3 S. 4(1A)(1B) inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 185, 216(3); S.I. 2017/75, reg. 3(d) (with reg. 5)

F4 S. 4(3)(4) substituted for s. 4(3) (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 18 para. 2; S.I. 2017/75, reg. 3(k) (with reg. 5)

Modifications etc. (not altering text)

C1 S. 4 excluded (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 21(b) (with art. 33)

C2 S. 4 excluded (26.2.2015) by The Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015 (S.I. 2015/147), arts. 1, 20(1)

C3 S. 4 restricted (1.4.2015) by The Knottingley Power Plant Order 2015 (S.I. 2015/680), arts. 1, 20(1)(b) (with Sch. 8 para. 10)

C4 S. 4 excluded (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), arts. 1, 16(b)

C5 S. 4 excluded (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 27(1)(b) (with arts. 51, 53)

C6 S. 4 excluded (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), arts. 1, 31(1)(b) (with art. 44)

C7 S. 4 excluded (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 19(1)(b) (with art. 30)

C8 S. 4 excluded (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 20(1)(b)

C9 S. 4 excluded (30.9.2015) by The Network Rail (Blackthorn and Piddington) (Land Acquisition) Order 2015 (S.I. 2015/1684), arts. 1, 12(1)(b)

C10 S. 4 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 15(b) (with art. 26)

C11 S. 4 excluded (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), arts. 1, 20(1)(b)

5 Earliest date for execution of declaration. E+W

F5 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A declaration under section 4 above shall not be executed before the compulsory purchase order has come into operation, and this subsection applies in particular where the compulsory purchase order is subject to special parliamentary procedure and therefore does not come into operation in accordance with section 26(1) of the M1 Acquisition of Land Act 1981 or any corresponding provision of the relevant enactments.

Textual Amendments

F5 S. 5(1) omitted (3.2.2017 for specified purposes, 6.4.2017 in so far as not already in force) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 15 para. 6; S.I. 2017/75, reg. 3(j) (with reg. 5); S.I. 2017/281, reg. 4(j) (with reg. 8(2))

Modifications etc. (not altering text)

C12 S. 5 applied (with modifications) (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2011 2013 (S.I. 2013/680), art. 21(6)

Marginal Citations

M1 1981 c. 67.

[F6 5A Time limit for general vesting declaration E+W

A general vesting declaration may not be executed after the end of the period of 3 years beginning with the day on which the compulsory purchase order becomes operative.]

Textual Amendments

F6 S. 5A inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 182(2), 216(3); S.I. 2016/733, reg. 3(i) (with reg. 7)

[F7 5B Extension of time limit during challenge E+W

(1) If an application is made under section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A is to be extended by—

(a) a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or

(b) if shorter, one year.

(2) An application is not finally determined for the purposes of subsection (1)(a) if an appeal in respect of the application—

(a) could be brought (ignoring any possibility of an appeal out of time with permission), or

(b) has been made and not withdrawn or finally determined.]

Textual Amendments

F7 S. 5B inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 202(2), 216(3); S.I. 2016/733, reg. 3(l) (with reg. 9)

6 Notices after execution of declaration. E+W

(1) As soon as may be after executing a general vesting declaration the acquiring authority shall serve—

(a) on every occupier of any of the land specified in the declaration (other than land in which there subsists a minor tenancy or a long tenancy which is about to expire), and

(b) on every other person who has given information to the acquiring authority with respect to any of that land in pursuance of the invitation published and served under [F8 section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981],

a notice in the prescribed form specifying the land and stating the effect of the declaration.

(2) [F9 Section 329 of the M2 Town and Country Planning Act 1990] (service of notices) shall apply as if this section formed part of that Act.

Textual Amendments

F8 Words in s. 6(1)(b) substituted (3.2.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 15 para. 7; S.I. 2017/75, reg. 3(j) (with reg. 5); S.I. 2017/281, reg. 4(j) (with reg. 8(2))

F9 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 52(2)

Marginal Citations

M2 1990 c. 8.