The West Midlands Rail Freight Interchange Order 2020

Modification of Part 1 of the 1965 Act U.K.

30.—(1) Part 1 of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act is modified as follows.

(2) In section 4A(1) M1 (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 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 29 (time limit for exercise of authority to acquire land and rights compulsorily) of the West Midlands Rail Freight Interchange Order 2020 M2 ”.

(3) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “[F1 article 29 (time limit for exercise of authority to acquire land and rights compulsorily)] of the West Midlands Rail Freight Interchange Order 2020”.

(4) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat) at the end insert—

“PART 4 U.K. INTERPRETATION

30.   In this Schedule, references to entering on and taking possession of land do not include doing so under article 34 (temporary use of land for carrying out the authorised development) or 35 (temporary use of land for maintaining the authorised development) of West Midlands Rail Freight Interchange Order 2020.”

Textual Amendments

F1 Words in art. 30(3) substituted (21.10.2020) by The West Midlands Rail Freight Interchange (Correction) Order 2020 (S.I. 2020/1163), arts. 1, 2(7)

Marginal Citations

M1 Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

M2 S.I. 2020/511.