Modification of Part 1 of the Compulsory Purchase Act 1965E+W
26.—(1) Part 1 of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.
(2) In section 4A(1) (extension of time limit during challenge) for “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 4” substitute “ section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), the five year period mentioned in article 21 (time limit for exercise of authority to acquire land compulsorily) of the Drax Power (Generating Stations) Order 2019 ”.
(3) In section 11A (powers of entry: further notices of entry)—
(a)in subsection (1)(a) after “land” insert “ under that provision ”; and
(b)in subsection (2) after “land” insert “ under that provision ”.
(4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “ article 21 (time limit for exercise of authority to acquire land compulsorily) of the Drax Power (Generating Stations) Order 2019 ”.
(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—
(a)for paragraphs 1(2) and 14(2) substitute—
“(2) But see article 25(3) (acquisition of subsoil only) of the Drax Power (Generating Stations) Order 2019, which excludes the acquisition of subsoil only from this Schedule.”;
(b)after paragraph 29 insert—
“PART 4 E+WINTERPRETATION
30. In this Schedule, references to entering on and taking possession of land do not include doing so under article 28 (temporary use of land for carrying out the authorised development) or article 29 (temporary use of land for maintaining the authorised development) or article 35 (protective works to buildings) of the Drax Power (Generating Stations) Order 2019.”.
Commencement Information
I1Art. 26 in force at 25.10.2019, see art. 1