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(1)This section applies where—
(a)an acquiring authority have given a notice of entry under section 11(1) but have not yet entered on and taken possession of the land, and
(b)the authority become aware of an owner, lessee or occupier (“the newly identified person”) to whom they ought to have given a notice to treat under section 5(1) but have not.
(2)Any notice of entry already served under section 11(1) remains valid, but the authority may not enter on and take possession of the land unless they serve on the newly identified person—
(a)a notice to treat under section 5(1), and
(b)a notice of entry under section 11(1).
(3)Subsection (4) applies for the purpose of determining the period to be specified in the notice of entry under section 11(1) served on the newly identified person if—
(a)the person is an occupier of the land and the authority were not aware of the person because they were given misleading information when carrying out inquiries under section 5(1), or
(b)the person is not an occupier of the land.
(4)The period specified in the notice must be a period that ends—
(a)no earlier than the end of the period of 14 days beginning with the day on which the notice of entry is served, and
(b)no earlier than the end of the period specified in any previous notice of entry given by the acquiring authority in respect of the land.]
Textual Amendments
F1S. 11A inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 186(3), 216(3); S.I. 2017/75, reg. 3(e) (with reg. 5)
Modifications etc. (not altering text)
C1Pt. 1 modified (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), arts. 1, 23(2)(3)
C2Pt. 1 applied (with modifications) (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), art. 1, Sch. 10 paras. 3(2), 4-9 (with art. 22)
C3S. 11A excluded by New Towns Act 1981 (c. 64), Sch. 6 para. 4A(5) (as inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 189(3), 216(3); S.I. 2017/75, reg. 3(e) (with reg. 5))
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