The National Grid (Bramford to Twinstead Reinforcement) Order 2024

Application of the 1981 Act

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

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

(3) In section 1 (application of Act) for subsection (2) there is substituted—

“(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.”.

(4) In section 5(2)(1) (earliest date for execution of declaration), omit the words from “, and this subsection” to the end.

(5) Section 5A(2) (time limit for general vesting declaration) is omitted.

(6) In section 5B(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 118(4) of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)”; and

(b) for “the three year period mentioned in section 5A” substitute “the five year period mentioned in article 32 of the National Grid (Bramford to Twinstead Reinforcement) Order 2024”.

(7) For section 6(1)(b)(5) (notices after execution of declaration) substitute—

“(b) on every other person who has given information to the acquiring authority with respect to any of that land further to the invitation published and served under section 134(6) (notice of authorisation of compulsory acquisition) of the Planning Act 2008.”.

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

(9) In Schedule A1(8) (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—

“(2) But see article 24(3) (acquisition of subsoil or airspace only) of the National Grid (Bramford to Twinstead Reinforcement) Order 2024, which excludes the acquisition of subsoil or airspace only from this Schedule.”.

(10) References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125 of the 2008 Act (application of compulsory acquisition provisions) and as modified by article 36 to the compulsory acquisition of land under this Order.

(1)

Section 5 was amended by section 183 of, and paragraphs 4 and 6 of 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 was inserted by section 202(2) of the Housing and Planning Act 2016.

(4)

Section 118 was amended by sections 128 (2) and 237 of and, paragraphs 1 and 59 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20) and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).

(5)

Section 6 was amended by section 4 of, and paragraph 52(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and section 183 of, and paragraphs 4 and 7 of Schedule 15 to the Housing and Planning Act 2016.

(6)

Section 134 was amended by sections 142 and 237 of, and Part 21 of Schedule 25 to, the Localism Act 2011 (c. 20) and S.I. 2017/16.

(7)

Section 7 was substituted by section 199(2) and paragraphs 1 and 3 of Part 1 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).

(8)

Schedule A1 was inserted by section 199 (2) and paragraphs 1 and 6 of Part 1 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).