Housing and Planning Act 2016

Section 183

SCHEDULE 15 E+W Notice of general vesting declaration procedure

New notice requirements E+W

1 E+W The Acquisition of Land Act 1981 is amended as follows.

Commencement Information

I1 Sch. 15 para. 1 in force at 1.10.2016 for specified purposes by S.I. 2016/956, reg. 2(b)(i)(ii)

I2 Sch. 15 para. 1 in force at 3.2.2017 for specified purposes by S.I. 2017/75, reg. 3(i) (with reg. 5)

I3 Sch. 15 para. 1 in force at 6.4.2017 in so far as not already in force by S.I. 2017/281, reg. 4(j) (with reg. 8(1))

2 (1) Section 15 (compulsory purchase order: confirmation notice) is amended as follows. E+W

(2) In subsection (4), after paragraph (d) insert—

“(e) containing a prescribed statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981;

(f) inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the acquiring authority information about the person's name, address and interest in land, using a prescribed form.”

(3) After subsection (5) insert—

“(6) The acquiring authority must send the confirmation notice to the Chief Land Registrar and it shall be a local land charge.”

Commencement Information

I4 Sch. 15 para. 2(1)(2) in force at 1.10.2016 for specified purposes by S.I. 2016/956, reg. 2(b)(i)

I5 Sch. 15 para. 2 in force at 3.2.2017 for specified purposes by S.I. 2017/75, reg. 3(i) (with reg. 5)

I6 Sch. 15 para. 2 in force at 6.4.2017 in so far as not already in force by S.I. 2017/281, reg. 4(j) (with reg. 8(1))

3 (1) Paragraph 6 of Schedule 1 (purchase by Minister: notices after making of order) is amended as follows. E+W

(2) In sub-paragraph (4), after paragraph (d) insert—

“(e) containing a prescribed statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981;

(f) inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the acquiring authority information about the person's name, address and interest in land, using a prescribed form.”

(3) After sub-paragraph (5) insert—

“(6) The Minister must send the making notice to the Chief Land Registrar and it shall be a local land charge.”

Commencement Information

I7 Sch. 15 para. 3(1)(2) in force at 1.10.2016 for specified purposes by S.I. 2016/956, reg. 2(b)(ii)

I8 Sch. 15 para. 3 in force at 3.2.2017 for specified purposes by S.I. 2017/75, reg. 3(i) (with reg. 5)

I9 Sch. 15 para. 3 in force at 6.4.2017 in so far as not already in force by S.I. 2017/281, reg. 4(j) (with reg. 8(1))

Consequential amendments E+W

4 E+W The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows.

Commencement Information

I10 Sch. 15 para. 4 in force at 3.2.2017 for specified purposes by S.I. 2017/75, reg. 3(j) (with reg. 5)

I11 Sch. 15 para. 4 in force at 6.4.2017 in so far as not already in force by S.I. 2017/281, reg. 4(j) (with reg. 8(2))

5 E+W Omit section 3 (preliminary notices).

Commencement Information

I12 Sch. 15 para. 5 in force at 3.2.2017 for specified purposes by S.I. 2017/75, reg. 3(j) (with reg. 5)

I13 Sch. 15 para. 5 in force at 6.4.2017 in so far as not already in force by S.I. 2017/281, reg. 4(j) (with reg. 8(2))

6 E+W In section 5, omit subsection (1) (earliest date for execution of declaration following preliminary notice etc).

Commencement Information

I14 Sch. 15 para. 6 in force at 3.2.2017 for specified purposes by S.I. 2017/75, reg. 3(j) (with reg. 5)

I15 Sch. 15 para. 6 in force at 6.4.2017 in so far as not already in force by S.I. 2017/281, reg. 4(j) (with reg. 8(2))

7 E+W In section 6 (notices after execution of declaration), in subsection (1)(b), for “section 3(1) above” substitute “ section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981 ”.

Commencement Information

I16 Sch. 15 para. 7 in force at 3.2.2017 for specified purposes by S.I. 2017/75, reg. 3(j) (with reg. 5)

I17 Sch. 15 para. 7 in force at 6.4.2017 in so far as not already in force by S.I. 2017/281, reg. 4(j) (with reg. 8(2))

Power to make corresponding amendments elsewhere E+W

8 (1) The Secretary of State may by regulations amend any legislation in connection with the compulsory acquisition of land for the purpose of making amendments which correspond to the amendments made by this Schedule. E+W

(2) “Legislation” means any provision made by or under an Act passed or made before this Act or in the same Session.

Commencement Information

I18 Sch. 15 para. 8 in force at 1.10.2016 by S.I. 2016/956, reg. 2(b)(iii)