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Acquisition of Land Act 1981, Cross Heading: Confirmation of order is up to date with all changes known to be in force on or before 23 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1(1)If no objection is duly made by any such owner, lessee or occupier as is mentioned in section 12 above, or if all objections so made are withdrawn, the confirming authority, upon being satisfied that the proper notices have been published and served, may, if the confirming authority thinks fit, confirm the order with or without modifications.
(2)If any objection duly made as aforesaid is not withdrawn, the confirming authority shall, before confirming the order, either cause a public local inquiry to be held or afford to any person by whom any objection has been duly made as aforesaid and not withdrawn an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose, and, after considering the objection and the report of the person who held the inquiry or the person appointed as aforesaid, may confirm the order either with or without modifications.
(3)If any person by whom an objection has been made avails himself of the opportunity of being heard, the confirming authority shall afford to the acquiring authority, and to any other persons to whom it appears to the confirming authority expedient to afford it, an opportunity of being heard on the same occasion.
(4)Notwithstanding anything in subsection (2) or (3) above, the confirming authority may require any person who has made an objection to state in writing the grounds thereof, and may disregard the objection for the purposes of this section if the confirming authority is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed.
(5)This section has effect subject to section 31 below (joint confirmation by confirming authority and appropriate Minister).]
[F1(1)The confirming authority may confirm a compulsory purchase order with or without modifications if it is satisfied—
(a)that the notice requirements have been complied with, and
(b)that one of the conditions in subsection (2) is satisfied.
(2)The conditions are—
(a)no relevant objection is made;
(b)every relevant objection made is either withdrawn or disregarded.
(3)The confirming authority may require every person who makes a relevant objection to state the grounds of the objection in writing.
(4)If the confirming authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection.
(5)The notice requirements are the requirements under sections 11 and 12 to publish, affix and serve notices in connection with the compulsory purchase order.
(6)A relevant objection is an objection by a person who is a qualifying person for the purposes of section 12(2), but if such a person qualifies only by virtue of section 12(2A)(b) and the confirming authority thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection.
(7)Disregarded means disregarded under subsection (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.
Textual Amendments
F1Ss. 13-13C substituted for s. 13 (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(6) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
(1)This section applies to the confirmation of a compulsory purchase order if a relevant objection is made which is neither—
(a)withdrawn, nor
(b)disregarded,
(a remaining objection).
(2)The confirming authority may proceed under the written representations procedure—
(a)if the order is not subject to special parliamentary procedure,
(b)in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and
(c)if every person who has made a remaining objection consents in the prescribed manner.
(3)If subsection (2) does not apply or if the confirming authority decides not to proceed under that subsection, it must either—
(a)cause a public local inquiry to be held, or
(b)give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose.
(4)If a person who has made a remaining objection takes the opportunity to appear before a person appointed under subsection (3)(b) the confirming authority must give the acquiring authority and any other person it thinks appropriate the opportunity to be heard at the same time.
(5)The confirming authority may confirm the order with or without modifications if it has considered the objection and either —
(a)it has followed the written representations procedure, or
(b)in a case which falls within subsection (3), if an inquiry was held or a person was appointed under subsection (3)(b), it has considered the report of the person who held the inquiry or who was so appointed.
(6)The written representations procedure is such procedure as is prescribed for the purposes of this section including provision affording an opportunity to—
(a)every person who has made a remaining objection,
(b)the acquiring authority, and
(c)any other person the confirming authority thinks appropriate,
to make written representations as to whether the order should be confirmed.
(7)Relevant objection and disregarded must be construed in accordance with section 13.
Textual Amendments
F1Ss. 13-13C substituted for s. 13 (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(6) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
(1)This section applies where the confirming authority decides under section 13A to follow the written representations procedure.
(2)The confirming authority may make orders as to the costs of the parties to the written representations procedure, and as to which party must pay the costs.
(3)An order under subsection (2) may be made a rule of the High Court on the application of any party named in the order.
(4)The costs incurred by the confirming authority in connection with the written representations procedure must be paid by the acquiring authority, if the confirming authority so directs.
(5)The confirming authority may certify the amount of its costs, and any amount so certified and directed to be paid by the acquiring authority is recoverable summarily by the confirming authority as a civil debt.
(6)Section 42(2) of the Housing and Planning Act 1986 (recovery of Minister’s costs in connection with inquiries) applies to the written representations procedure as if the procedure is an inquiry specified in section 42(1) of that Act.
(7)Regulations under section 13A(6) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.
Textual Amendments
F1Ss. 13-13C substituted for s. 13 (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(6) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
(1)The confirming authority may confirm an order (with or without modifications) so far as it relates to part of the land comprised in the order (the “relevant part”) if each of the conditions in subsection (2) is met.
(2)The conditions are—
(a)the confirming authority is satisfied that the order ought to be confirmed so far as it relates to the relevant part but has not for the time being determined whether the order ought to be confirmed so far as it relates to the remaining part;
(b)the confirming authority is satisfied that the notice requirements have been complied with.
(3)If there is a remaining objection in respect of the order, the confirming authority may only act under subsection (1) after complying with section 13A(2) or (3) (as the case may be).
(4)But it may act under subsection (1) without complying with those provisions if it is satisfied that all remaining objections relate solely to the remaining part of the land.
(5)If the confirming authority acts under subsection (1)—
(a)it must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction;
(b)the order so far as it relates to each part of the land must be treated as a separate order.
(6)The notices to be published, affixed and served under section 15 must include a statement as to the effect of the direction given under subsection (5)(a).
(7)Notice requirements must be construed in accordance with section 13.
(8)Remaining objection must be construed in accordance with section 13A.]
Textual Amendments
F1Ss. 13-13C substituted for s. 13 (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(6) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
The order as confirmed by the confirming authority shall not, unless all persons interested consent, authorise the acquiring authority to purchase compulsorily any land which the order would not have authorised that authority to purchase compulsorily if it had been confirmed without modification.
[F2As soon as may be after the order has been confirmed the acquiring authority shall publish in one or more local newspapers circulating in the locality in which the land comprised in the order is situated a notice in the prescribed form—
(a)describing the land,
(b)stating that the order has been confirmed, and
(c)naming a place where a copy of the order as confirmed and of the map referred to therein may be inspected at all reasonable hours.
and shall serve a like notice, and a copy of the order as confirmed, on any person on whom notices with respect to the land were required to be served under section 12 above.]
[F2(1)After the order has been confirmed, the acquiring authority must—
(a)serve a confirmation notice and a copy of the order as confirmed on each person on whom a notice was required to be served under section 12, and
(b)affix a confirmation notice to a conspicuous object or objects on or near the land comprised in the order.
(2)The notice under subsection (1)(b) must—
(a)be addressed to persons occupying or having an interest in the land;
(b)so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative.
(3)The acquiring authority must also publish a confirmation notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated.
(4)A confirmation notice is a notice—
(a)describing the land;
(b)stating that the order has been confirmed;
(c)(except in the case of a notice under subsection (1)(a)) naming a place where a copy of the order as confirmed and of the map referred to there may be inspected at all reasonable hours;
(d)that a person aggrieved by the order may apply to the High Court as mentioned in section 23.
(5)A confirmation notice must be in the prescribed form.]
Textual Amendments
F2S. 15 substituted (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(7) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
Modifications etc. (not altering text)
C1S. 15 modified by Housing Act 1988 (c. 50, SIF 61), s. 78(1), Sch. 10 Pt. I para. 2(2)
C2S. 15 modified (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 para. 2(2); S.I. 1993/2762, art. 3.
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