The Compulsory Purchase of Land (Vesting Declarations) (Wales) Regulations 2017

Welsh Statutory Instruments

2017 No. 362 (W. 88)

Acquisition of Land, Wales

The Compulsory Purchase of Land (Vesting Declarations) (Wales) Regulations 2017

Made

8 March 2017

Laid before the National Assembly for Wales

14 March 2017

Coming into force

6 April 2017

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 2(1), 4 and 6 of the Compulsory Purchase (Vesting Declarations) Act 1981(2) and now exercisable by them(3), make the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the Compulsory Purchase of Land (Vesting Declarations) (Wales) Regulations 2017 and they come into force on 6 April 2017.

(2) These Regulations apply in relation to the compulsory purchase of land in Wales.

Interpretation

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Compulsory Purchase (Vesting Declarations) Act 1981;

“relevant order” (“gorchymyn perthnasol“) means an order which provides that the Act is to apply to the compulsory purchase of land which it authorises as if the order were a compulsory purchase order; and

“special enactment” (“deddfiad arbennig”) means—

(a)

a local or private Act which authorises the compulsory purchase of land specifically identified in that Act, or

(b)

a provision which—

(i)

is contained in an Act other than a local or private Act, and

(ii)

authorises the compulsory purchase of land specifically identified in that Act.

(2) For the purposes of these Regulations, a compulsory purchase is authorised—

(a) by a compulsory purchase order, on the day on which the order is confirmed by a Minister or the Welsh Ministers or another authority, or made by a Minister or the Welsh Ministers;

(b) by an order under section 1 or 3 of the Transport and Works Act 1992(4), on the day on which the Secretary of State or the Welsh Ministers determine under section 13(1) of that Act to make the order;

(c) by a harbour revision order, a harbour empowerment order or a harbour closure order under the Harbours Act 1964(5), on the day on which the order is made by the appropriate Minster(6) or the Welsh Ministers or a person who is designated in an order made under section 42A(7) of that Act;

(d) by any other relevant order, on the day on which the order is made by a Minister or the Welsh Ministers; or

(e) by a special enactment(8), on the day on which the special enactment is enacted.

Prescribed forms in connection with general vesting declarations

3.—(1) In relation to a compulsory purchase of land which is authorised on or after 6 April 2017—

(a) for the purposes of section 4(1) of the Act, the prescribed form of general vesting declaration is Form 1;

(b) for the purposes of section 6(1) of the Act, the prescribed form of notice specifying the land and stating the effect of a general vesting declaration is Form 2.

(2) The references in this regulation to a numbered form are references to the form bearing that number in the Schedule or to a form substantially to the same effect as that form.

Revocation and saving

4.—(1) Subject to paragraph (2), the Compulsory Purchase of Land (Vesting Declarations) Regulations 1990(9) are revoked in relation to Wales.

(2) The Regulations mentioned in paragraph (1) continue to have effect in relation to a compulsory purchase of land which is authorised before 6 April 2017.

Lesley Griffiths

Cabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers

8 March 2017

SCHEDULE 1

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe forms for the purposes of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) (“the 1981 Act”) and come into force on 6 April 2017. They apply to the compulsory purchase of land in Wales.

The prescribed forms reflect the changes to the general vesting declaration procedure made by Part 7 of the Housing and Planning Act 2016 (c. 22).

Regulation 3(1)(a) provides that, for the purposes of section 4(1) of the 1981 Act, the form of a general vesting declaration is Form 1 in the Schedule to these Regulations (or a form substantially to the same effect).

Regulation 3(1)(b) provides that, for the purposes of section 6(1) of the 1981 Act, the form of notice specifying the land and stating the effect of a general vesting declaration is Form 2 in the Schedule to these Regulations (or a form substantially to the same effect).

Regulation 4 revokes with saving the Compulsory Purchase of Land (Vesting Declarations) Regulations 1990 (S.I. 1990/497) in Wales.

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

(1)

See the definition of “prescribed” in subsection (1).

(2)

1981 c. 66. Section 4(1) was amended by section 184 of the Housing and Planning Act 2016 (c. 22). Section 6(1) was amended by section 183 of, and paragraphs 4 and 7 of Schedule 15 to, that Act.

(3)

The functions of the Secretary of State so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), see the entry in Schedule 1 for the Compulsory Purchase (Vesting Declarations) Act 1981. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(4)

1992 c. 42. An order made under section 1 or 3 of the Transport and Works Act 1992 can authorise the compulsory acquisition of land, see section 5 of, and paragraph 3 of Schedule 1 to, that Act.. Order-making functions under sections 1 and 3 were transferred to the National Assembly for Wales except where any such order would have effect both in Wales and England, see article 2 of, and the entry for the Transport and Works Act 1992 in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.

(5)

1964 c. 40. An order under the Harbours Act 1964 can authorise the compulsory acquisition of land, see sections 14 and 16 of that Act.

(6)

For “the appropriate Minister” see sections 14(7) and 15(3) of the Harbours Act 1964. Functions under that Act are exercisable by the Welsh Ministers so far as they relate to fishery harbours, see the entry for that Act in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999. That entry was amended by article 4 of, and paragraph 1 of Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.

(7)

Section 42A was inserted by section 315 of, and paragraphs 1 and 3(1) of Schedule 21 to, the Marine and Coastal Access Act 2009 (c. 23).

(8)

A special enactment may provide that the Act applies as if the enactment were a compulsory purchase order.

(9)

S.I. 1990/497.