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SCHEDULES

[F1SCHEDULE A1E+WCounter-notice requiring purchase of land not in general vesting declaration

Textual Amendments

Modifications etc. (not altering text)

C1Sch. A1 excluded by 2017 c. 7, s. 7(2) (as amended) (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 2; S.I. 2017/209, reg. 2

C2Sch. A1 excluded by 2017 c. 7, s. 8(2) (as amended) (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 3; S.I. 2017/209, reg. 2

C17Sch. A1 excluded (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 25(3)(b) (with arts. 7, 25(4))

PART 2E+WConsequences of counter-notice

Acquiring authority must respond to counter-notice within three monthsE+W

6(1)On receiving a counter-notice the acquiring authority must decide whether to—E+W

(a)withdraw the notice to treat in relation to the land proposed to be acquired,

(b)accept the counter-notice, or

(c)refer the counter-notice to the Upper Tribunal.

(2)But the acquiring authority may not decide to withdraw the notice to treat if the counter-notice was served on or after the original vesting date.

7E+WThe authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

8E+WIf the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

9(1)This paragraph applies if the acquiring authority do not serve notice of a decision within the decision period.E+W

(2)If the counter-notice was served before the original vesting date, the authority are to be treated as if they had served notice of a decision to withdraw the notice to treat in relation to the land proposed to be acquired.

(3)If the counter-notice was served on or after the original vesting date, they are to be treated as if they had served notice of a decision to accept it.

No vesting if notice to treat withdrawnE+W

10E+WIf the acquiring authority serve notice of a decision to withdraw the notice to treat in relation to the land proposed to be acquired the general vesting declaration is to have effect as if it did not include that land.

Effects of accepting counter-noticeE+W

11(1)This paragraph applies where the acquiring authority serve notice of a decision to accept the counter-notice.E+W

(2)The general vesting declaration and the notice to treat (and, where applicable, the compulsory purchase order) are to have effect as if they included the owner's interest in the additional land as well as in the land proposed to be acquired.

(3)The authority must serve on the owner a notice specifying the vesting date or dates for—

(a)the land proposed to be acquired (if the counter-notice was served before the original vesting date), and

(b)the additional land.

(4)The new vesting date for the land proposed to be acquired must not be before the original vesting date.

(5)The vesting date for the additional land must be after the period of 3 months beginning with the day on which the notice under sub-paragraph (3) is served.

Effects of referring counter-notice to the Upper TribunalE+W

12(1)This paragraph applies where—E+W

(a)the acquiring authority refer the counter-notice to the Upper Tribunal, and

(b)the counter-notice was served before the original vesting date.

(2)At any time before the Upper Tribunal make a determination under paragraph 14, the acquiring authority may serve notice on the owner specifying a new vesting date for the land proposed to be acquired.

(3)The new vesting date for the land proposed to be acquired must not be before the original vesting date.]