Part II Execution of Declaration
C23 Preliminary notices.
F5—(1)Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in—
a
the statutory notice of confirmation of the order, or
b
in a notice which is given subsequently and to which the requirements of the relevant enactments with respect to the publication and service of the statutory notice of confirmation of the order shall apply.
2
A notice under subsection (1)(b) above shall be given before the service of any notice to treat in respect of the land with respect to which the declaration is to be made.
3
The particulars to be included in the notice are—
a
such a statement of the effect of this Part, and Part III below, as may be prescribed, and
b
a notification to the effect that every person who, if a general vesting declaration were executed in respect of all the land comprised in the order (other than land in respect of which notice to treat has been served), would be entitled to claim compensation in respect of any such land is invited to give information to the authority making the declaration in the prescribed form with respect to his name and address and the land in question.
4
A notice complying with the preceding provisions of this section shall be F2sent to the Chief Land Registrar, and the notice shall be a local land charge .
5
In this section “statutory notice of confirmation”, in relation to a compulsory purchase order, means the notice of the confirmation of the order which is required to be published or served by section 15 of the Acquisition of Land Act 1981, or by any other provision of the relevant enactments corresponding to that section.
6
Where the acquiring authority is a Minister for references in subsections (1) to (4) above to the statutory notice of confirmation of the order there shall be substituted references to the notice of the making of the order which is required to be published or served by paragraph 6 of Schedule 1 to the M1Acquisition of Land Act 1981, or any other provision of the relevant enactments corresponding to that paragraph.
C3C4C5C6C7C8C10C9C11C124 Execution of declaration.
1
The acquiring authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form vesting the land in themselves from the end of such period as may be specified in the declaration (not being less than F83 months from the date on which the service of notices required by section 6 below is completed).
F61A
But an acquiring authority may not execute a declaration in respect of land if they have served a notice to treat in respect of that land and have not withdrawn it.
1B
In subsection (1A) the reference to an authority having “served” a notice does not include cases in which the authority is deemed to have served a notice.
2
For the purposes of this Act a certificate by the acquiring authority that the service of notices required by section 6 below was completed on a date specified in the certificate shall be conclusive evidence of the fact so stated.
F73
For the purposes of this Act the “vesting date” in relation to any land that is actually specified in a general vesting declaration is—
a
the first day after the end of the period specified in the declaration in accordance with subsection (1) above, or
b
if a counter-notice is served under paragraph 2 of Schedule A1 within that period in relation to land, the day determined as the vesting date for the land in accordance with that Schedule.
4
For the purposes of this Act, the “vesting date” for any land that is deemed to have been specified in a general vesting declaration by Schedule A1 is the day determined as the vesting date for the land in accordance with that Schedule.
C15 Earliest date for execution of declaration.
1
F9A declaration under section 4 above shall not be executed before the end of the period of two months beginning with the date of the first publication of the notice complying with section 3 above, or such longer period, if any, as may be specified in the notice:
Provided that, with the consent in writing of every occupier of the land specified in the declaration, the acquiring authority may execute the declaration, before the end of that period of two months, or of the longer period so specified, as the case may be.
2
A declaration under section 4 above shall not be executed before the compulsory purchase order has come into operation, and this subsection applies in particular where the compulsory purchase order is subject to special parliamentary procedure and therefore does not come into operation in accordance with section 26(1) of the M2Acquisition of Land Act 1981 or any corresponding provision of the relevant enactments.
5AF3Time limit for general vesting declaration
A general vesting declaration may not be executed after the end of the period of 3 years beginning with the day on which the compulsory purchase order becomes operative.
5BF4Extension of time limit during challenge
1
If an application is made under 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 5A is to be extended by—
a
a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or
b
if shorter, one year.
2
An application is not finally determined for the purposes of subsection (1)(a) if an appeal in respect of the application—
a
could be brought (ignoring any possibility of an appeal out of time with permission), or
b
has been made and not withdrawn or finally determined.
6 Notices after execution of declaration.
1
As soon as may be after executing a general vesting declaration the acquiring authority shall serve—
a
on every occupier of any of the land specified in the declaration (other than land in which there subsists a minor tenancy or a long tenancy which is about to expire), and
b
a notice in the prescribed form specifying the land and stating the effect of the declaration.