F1SCHEDULE 2ACounter-notice requiring purchase of land not in notice to treat
PART 2Counter-notice where authority has taken possession
Introduction
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(1)
This Part applies where an acquiring authority—
(a)
have entered on and taken possession of part only of a house, building or factory,
(b)
did not enter on and take possession of the land in accordance with section 11(1), whether because they had not served a notice to treat or otherwise, and
(c)
have not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of the land which they have entered on and taken possession of.
(2)
But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).
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This Part does not apply if the acquiring authority are deemed to have served a notice to treat in respect of the land proposed to be acquired under section 154(5) of the Town and Country Planning Act 1990 (deemed notice to treat in relation to blighted land).
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In this Part—
“additional land” means the part of the house, building, or factory that the authority have not entered on and taken possession of;
“house” includes any park or garden belonging to a house;
“land proposed to be acquired” means the part of the house, building or factory that the authority entered on and took possession of otherwise than in accordance with section 11(1);
“whole of the land” means the land proposed to be acquired and the additional land.