[F1Acquiring authority must respond to counter-notice within three monthsE+W
Textual Amendments
F1Sch. A1 inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 18 para. 6; S.I. 2017/75, reg. 3(k) (with reg. 5)
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.]