The Awel y Môr Offshore Wind Farm Order 2023

Modification of Part 1 of the 1965 Act E+W

25.—(1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as set out in paragraphs (2) to (5).

(2) In section 4A(1)(a) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to 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 2008 Act, the five year period mentioned in article 19 (time limit for exercise of authority to acquire land compulsorily) of the Awel y Môr Wind Farm Order 2023”.

(3) In section 11A (powers of entry: further notice of entry)—

(a) in sub-section (1)(a), after “land” insert “under that provision”; and

(b) in sub-section (2), after “land” insert “under that provision”.

(4) 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 “article 19 (time limit for exercise of authority to acquire land compulsorily) of the Awel y Môr Offshore Wind Farm Order 2023”.

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

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

“But see article 26(3) (acquisition of subsoil only) of the Awel y Môr Offshore Wind Farm Order 2023 which excludes the acquisition of subsoil only from this Schedule”; and

(b) at the end insert—

“Part 4 E+W INTERPRETATION

30.   In this Schedule, references to entering on and taking possession of land do not include doing so under article 16 (protective works to buildings), article 27 (temporary use of land for carrying out the authorised development) or article 28 (temporary use of land for maintaining the authorised development) of the Awel y Môr Offshore Wind Farm Order 2023”.

Commencement Information

I1 Art. 25 in force at 11.10.2023, see art. 1