New Towns Act 1981, Paragraph 4B is up to date with all changes known to be in force on or before 09 April 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F14B(1)Where the acquiring authority serves a notice under paragraph 4(1) on an occupier with an interest in land, the occupier may serve a counter-notice requiring the acquiring authority to take possession of the land by no later than a date specified in the counter-notice.E+W
(2)If the occupier gives up possession of the land on or before the specified date, the acquiring authority is to be treated as having taken possession on that date (unless the acquiring authority has in fact taken possession before that date).
(3)The date specified in the counter-notice—
(a)must not be before the end of the period specified in the notice under paragraph 4(1), and
(b)must be at least 28 days after the day on which the counter-notice is served.
(4)A counter-notice under sub-paragraph (1) has no effect if the notice to treat relating to the land is withdrawn or ceases to have effect before the date specified in the counter-notice.
(5)A counter-notice under sub-paragraph (1) has no effect if it would require an acquiring authority to take possession of land at a time when either paragraph 4A of this Schedule or paragraph 6 of Schedule 2A to the Compulsory Purchase Act 1965 prohibit the authority from entering on and taking possession of the land.
(6)If sub-paragraph (5) applies, the authority must notify the occupier who served the counter-notice—
(a)that the counter-notice has no effect, and
(b)if the authority serve a notice under paragraph 4(1) of this Schedule as mentioned in paragraph 4A(2)(b) of this Schedule, of the date after which the authority could enter on and take possession of the land.
(7)If a counter-notice served under sub-paragraph (1) has no effect because of sub-paragraph (5), the occupier who served it may serve a further counter-notice.
(8)Where a notice under paragraph 4(1) is served on more than one occupier with the same interest in the land, a reference in this section to the occupier with an interest in land is to all of them acting together.
(9)This paragraph applies instead of section 11B of the Compulsory Purchase Act 1965.]
Textual Amendments
F1Sch. 6 paras. 4A, 4B inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 189(3), 216(3); S.I. 2017/75, reg. 3(e) (with reg. 5)
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