The Network Rail (London to Corby) (Land Acquisition) Order 2020

Application of Part 1 of the 1965 Act

5.—(1) Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order—

(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and

(b) as if this Order were a compulsory purchase order under that Act.

(2) In its application by virtue of paragraph (1), the 1965 Act has effect subject to the following modifications.

(3) Omit section 4(1) (time limit for giving notice to treat).

(4) In section 4A(1)(2) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4”, substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 16 (time limit for exercise of powers of acquisition) of the Network Rail (London to Corby)(Land Acquisition) Order 2020(3)”.

(5) In section 11(1B)(4) (powers of entry) in a case where the notice to treat relates only to the acquisition of an easement or other right over land, for “3 months” substitute “1 month”.

(6) In section 11A(5) (powers of entry: further notices of entry) –

(a) in subsection (1)(a), after “land” insert “under that provision”;

(b) in subsection (2), after “land” insert “under that provision”.

(7) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 16 of the Network Rail (London to Corby)(Land Acquisition) Order 2020”.

(8) In Schedule 2A(6) (counter-notice requiring purchase of land not in notice to treat)—

(a) for paragraphs 1(2) and 14(2) substitute—

“(2) But see article 8 (power to acquire subsoil or airspace only) of the Network Rail (London to Corby)(Land Acquisition) Order 2020, which excludes the acquisition of subsoil or airspace only from this Schedule.”; and

(b) after paragraph 29 insert—

“PART 4 INTERPRETATION

30.   In this Schedule, references to entering on and taking possession of land do not include doing so under articles 10 (temporary use of land for construction of works) and 12 (temporary use of land for maintenance of works) of the Network Rail (London to Corby)(Land Acquisition) Order 2020.”

(1)

Section 4 was substituted by section 182(1) of the Housing and Planning Act 2016 (c. 22).

(2)

Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016.

(3)

S.I. 2020/XXX.

(4)

Subsection (1B) of section 11 was inserted by section 186(1) and (2)(b) of the Housing and Planning Act 2016.

(5)

Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

(6)

Schedule 2A was inserted by paragraph 3 of Schedule 17 to the Housing and Planning Act 2016.