The Bridgwater Tidal Barrier Order 2022

Application of the Compulsory Purchase (Vesting Declarations) Act 1981

34.—(1) The Compulsory Purchase (Vesting Declarations) Act 1981 applies to the Agency as if this Order were a compulsory purchase order, and has effect with the following modifications.

(2) Omit section 5(1) (earliest date for execution of declaration) and section 5A(2) (time limit for general vesting declaration).

(3) In section 5B(1)(3) (extension of time limit during challenge)—

(a) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3)”; and

(b) for “the three year period mentioned in section 5A” substitute “the five year period mentioned in article 42 (time limit for exercise of powers of acquisition) of the Bridgwater Tidal Barrier Order 2022”.

(4) In section 6(1)(b)(4) (notices after execution of declaration) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 14A of the Transport and Works Act 1992 (compulsory acquisition: notice requirements)”.

(5) In section 7(1)(a)(5) (constructive notice to treat), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(6) In Schedule A1(6) (counter-notice requiring purchase of land not in general vesting declaration) omit paragraph 1(2).

(7) References to the 1965 Act are to be construed as references to that Act as applied to the compulsory acquisition of land under article 33 (application of Part 1 of the 1965 Act).

(1)

Section 5 was amended by Schedule 15 to the Housing and Planning Act 2016.

(2)

Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

(3)

Section 5B(1) was inserted by section 202(2) of the Housing and Planning Act 2016.

(4)

Section 6(1) was amended by paragraphs 4 and 7 of Schedule 15 to the Housing and Planning Act 2016.

(5)

Section 7(1) was substituted by paragraphs 1 and 3 of Schedule 18 of the Housing and Planning Act 2016.

(6)

Schedule A1 was inserted by paragraphs 1 and 6 of Part 1 of Schedule 18 to the Housing and Planning Act 2016.