The Compulsory Purchase of Land (Prescribed Forms) (Ministers) (Amendment) Regulations 2017

Statutory Instruments

2017 No. 2

Acquisition Of Land, England And Wales

The Compulsory Purchase of Land (Prescribed Forms) (Ministers) (Amendment) Regulations 2017

Made

9th January 2017

Coming into force

3rd February 2017

The Secretary of State, in exercise of the powers conferred by sections 7(2) and 15(4)(e) and (f) and (5) of, and paragraph 6(4)(e) and (f) and (5) of Schedule 1 to, the Acquisition of Land Act 1981(1), makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Compulsory Purchase of Land (Prescribed Forms) (Ministers) (Amendment) Regulations 2017 and come into force on 3rd February 2017.

(2) The amendments made by regulation 2(2) and (4) apply only in relation to a compulsory purchase order which is confirmed by a Minister or another authority, or made by a Minister, on or after 3rd February 2017.

Amendments to the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004

2.—(1) The Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004(2) are amended as follows.

(2) In regulation 3 (prescribed forms in connection with compulsory purchase orders), after paragraph (d) insert—

“(da) for the purposes of section 15(4)(e) and paragraph 6(4)(e) of Schedule 1, the form of the statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981(3) shall be Part 1 of Form 9A;

(db) for the purposes of section 15(4)(f) and paragraph 6(4)(f) of Schedule 1, the form for giving information to the authority shall be Part 2 of Form 9A;”.

(3) After regulation 3 (prescribed forms in connection with compulsory purchase orders) insert—

“Review

3A.— (1) The Secretary of State must from time to time—

(a) carry out a review of regulation 3(da), (db) and (e) and the associated forms (Forms 9A, 10 and 11),

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by regulation 3(da), (db) and (e),

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) The first report under this regulation must be published before the end of the period of five years beginning with 3rd February 2017.

(4) Reports under this regulation are afterwards to be published at intervals not exceeding five years.”.

(4) In the Schedule—

(a) in the contents, after the entry for Form 9, insert—

“Form 9A

Form of statement of effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 and for giving information to the authority.”

(b) after Form 9, insert the form in Part 1 of the Schedule to these Regulations;

(c) for Form 10, substitute the form in Part 2 of the Schedule to these Regulations;

(d) for Form 11, substitute the form in Part 3 of the Schedule to these Regulations.

Signed by authority of the Secretary of State for Communities and Local Government

Gavin Barwell

Minister of State

Department for Communities and Local Government

9th January 2017

SCHEDULE

Regulation 2(4)(b)

PART 1

Regulation 2(4)(c)

PART 2

Regulation 2(4)(d)

PART 3

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004 (“the 2004 Regulations”) (S.I. 2004/2595) and come into force on 3rd February 2017.

Regulation 2(2) amends regulation 3 of the 2004 Regulations, to prescribe additional forms for the purposes of the Acquisition of Land Act 1981 (c. 67). For the purposes of section 15(4)(e) and (f) of, and paragraph 6(4)(e) and (f) of Schedule 1 to, that Act, the form of the statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) shall be Part 1 of new Form 9A and the form for giving information to the acquiring authority shall be Part 2 of new Form 9A.

Regulation 2(3) inserts a new regulation 3A into the 2004 Regulations. It requires the Secretary of State to review the operation and effect of regulation 3(da), (db) and (e) (and the associated forms) in the 2004 Regulations and to publish a report within five years of 3rd February 2017 and within every five years after that. Following a review it will fall to the Secretary of State to consider whether regulation 3(da), (db) and (e) should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke or to amend them.

Regulation 2(4)(b) inserts new Form 9A (in Part 1 of the Schedule to these Regulations) into the Schedule to the 2004 Regulations.

Regulation 2(4)(c) replaces Form 10 in the 2004 Regulations with a new version (contained in Part 2 of the Schedule to these Regulations).

Regulation 2(4)(d) replaces Form 11 in the 2004 Regulations with a new version (contained in Part 3 of the Schedule to these Regulations).

The amendments made by regulation 2(2) and (4) apply only in relation to a compulsory purchase order which is confirmed by a Minister or another authority, or made by a Minister, on or after 3rd February 2017.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1981 c. 67; section 15(5) and paragraph 6(5) of Schedule 1 were inserted by sections 100(1) and (7) and 101(1) and (5) of the Planning and Compulsory Purchase Act 2004 (c. 5). Section 15(4)(e) and (f) of, and paragraph 6(4)(e) and (f) of Schedule 1 to, the Acquisition of Land Act 1981 were inserted by paragraphs 1, 2(1) and (2), and 3(1) and (2) of Schedule 15 to the Housing and Planning Act 2016 (c. 22). Some, but not all, of the functions of the Secretary of State in authorising the compulsory purchase of land in Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). These functions were subsequently transferred from the National Assembly for Wales to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(2)

S.I. 2004/ 2595.

(3)

1981 c. 66.