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Acquisition of Land Act 1981
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Changes over time for: Paragraph 3
Changes to legislation:
Acquisition of Land Act 1981, Paragraph 3 is up to date with all changes known to be in force on or before 01 November 2024. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by 2023 asc 3 s. 43(2)
- Act applied by 2023 asc 3 s. 50(13)
- Act applied by 2023 asc 3 s. 137(6)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 7(4) inserted by 2023 c. 55 Sch. 18 para. 3(2)(b)
- s. 26(1A)-(3) substituted for s. 26(1)(2) by 2023 c. 55 Sch. 18 para. 3(3)
3(1)The Minister shall serve on every [F1qualifying person] a notice in the prescribed form—E+W
(a)stating the effect of the draft order,
(b)stating that it is about to be made, [F2and]
[F3(ba)(subject to paragraph 2(2A)) naming a place within the locality where a copy of the draft order and of the map referred to in it may be inspected,
(bb)specifying a website on which those copies may be viewed, and]
[F4(c)specifying the time (not being less than twenty-one days from service of the notice) within which, and the manner in which, objections to the draft order can be made.]
[F4(c)specifying the final day for making objections to the draft order, and the manner in which objections can be made.]
(2)[F5A person is a qualifying person, in relation to land comprised in a draft order, if—
(a)he is an owner, lessee, tenant (whatever the tenancy period) or occupier of any such land, F6...
(b)he falls within sub-paragraph (2A) [F7, or
(c)the person is entitled to the benefit of an obligation under a conservation covenant (within the meaning of Part 7 of the Environment Act 2021) relating to the land.]
(2A)A person falls within this sub-paragraph if he is—
(a)a person to whom the Minister would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or
(b)a person the Minister thinks is likely to be entitled to make a relevant claim if the order is made and the compulsory purchase takes place, so far as he is known to the Minister after making diligent inquiry.
(2B)A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).]
(3)Where under this paragraph any notice is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the [F8Diocesan Board of Finance for the diocese in which the land is situated].
In this sub-paragraph “ecclesiastical property” means land belonging to any ecclesiastical benefice [F9of the Church of England], or being or forming part of a church subject to the jurisdiction of the bishop of any diocese [F9of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F10....
Textual Amendments
F1Words in Sch. 1 para. 3(1) substituted (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 101(3)(a) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
F2Word in Sch. 1 para. 3(1)(b) omitted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(7), Sch. 19 para. 1(4)(a) (with s. 247); S.I. 2024/92, reg. 2(r); S.I. 2024/389, reg. 3(c) (with reg. 4)
F3Sch. 1 para. 3(1)(ba)(bb) inserted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(7), Sch. 19 para. 1(4)(b) (with s. 247); S.I. 2024/92, reg. 2(r); S.I. 2024/389, reg. 3(c) (with reg. 4)
F4Sch. 1 para. 3(1)(c) substituted (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(7), Sch. 19 para. 1(4)(c) (with s. 247); S.I. 2024/92, reg. 2(r); S.I. 2024/389, reg. 3(c) (with reg. 4)
F5Sch. 1 para. 3(2)-(2B) substituted for Sch. 1 para. 3(2) (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 101(3)(b) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
F6Word in Sch. 1 para. 3(2)(a) omitted (30.9.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 3(3)(a) (with s. 144); S.I. 2022/48, reg. 5(d)
F7Sch. 1 para. 3(2)(c) and word inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 3(3)(b) (with s. 144); S.I. 2022/48, reg. 5(d)
F8Words in Sch. 1 para. 3(3) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(2)(a); 2006 No. 2, Instrument made by Archbishops
F9Words in Sch. 1 para. 3(3) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(2)(b); 2006 No. 2, Instrument made by Archbishops
F10Words in Sch. 1 para. 3(3) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(2)(c); 2006 No. 2, Instrument made by Archbishops
Modifications etc. (not altering text)
C1Sch. 1 para. 3(1) modified by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 50(3)
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