The Hornsea Two Offshore Wind Farm Order 2016

Application of Compulsory Purchase (Vesting Declarations) Act 1981 E+W+S

22.—(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 3 (preliminary notices), for subsection (1), substitute—

“(1) Before making a declaration under section 4 with respect to any land that is subject to a compulsory purchase order, the acquiring authority must include the particulars specified in subsection (3) in a notice that is—

(a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and

(b) published in a local newspaper circulating in the area where the land is situated.”.

(4) In that section, in subsection (2)—

(a) for “(1)(b)”, substitute “(1)”; and

(b) after “given”, insert “and published”.

(5) In that section, for subsections (5) and (6), substitute—

“(5) For the purposes of this section, a person has a relevant interest in land if—

(a) the person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or

(b) the person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds 1 month.”.

(6) In section 5 (earliest date for execution of declaration)—

(a) in subsection (1), after “publication”, insert “in a local newspaper circulating in the area in which the land is situated”; and

(b) omit subsection (2).

(7) In section 7 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(8) References to the 1965 Act in the 1981 Act must be construed as references to that Act as applied by section 125 of the 2008 Act(1) (application of compulsory acquisition provisions) to the compulsory acquisition of land under this Order.

Commencement Information

I1 Art. 22 in force at 7.9.2016, see art. 1(2)

(1)

Section 125 was amended by paragraph 17 of Schedule 16 to the Housing and Planning Act 2016.