C4C5C6C7C3 Part II Purchases By Local And Other Authorities

Annotations:
Modifications etc. (not altering text)
C4

Pts. 2, 3 applied (with modifications) (28.1.2005) by The East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), arts. 1, 11

C7

Pt. 2 restricted (coming into force in accordance with s. 208(4) of the amending Act) by National Health Service (Wales) Act 2006 (c. 42), s. 208(1), Sch. 2 para. 20(3) (with s. 19(3))

C3

Parts II-IV applied (31.10.1994) by Opencast Coal Act 1958 c. 69, s. 16(4A) as substituted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 14(5)(with s. 40(7)); S.I. 1994/2553, art. 2

Pt. II (ss. 10-15) restricted (E.) (4.1.2000) and (W.) (prosp.) by 1977 c. 49, Sch. 5A para. 19(3) (as inserted (E.) (4.1.2000) and (W.) (prosp.) by 1999 c. 8, ss. 2(2), 67(1), Sch. 1; S.I. 1999/2342, art. 2(3)(a), Sch. 2)

Notices prior to submission of order to confirming authority

11 Notices in newspapers.

1

The acquiring authority shall in two successive weeks publish a notice in the prescribed form in one or more local newspapers circulating in the locality in which the land comprised in the order is situated.

2

The notice shall—

a

state that the order has been made and is about to be submitted for confirmation,

b

describe the land and state the purpose for which the land is required,

c

name a place within the locality where a copy of the order and of the map referred to therein may be inspected, and

d

specify the time (not being less than twenty-one days from the first publication of the notice) within which, and the manner in which, objections to the order can be made.

F23

In addition, the acquiring authority shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the order.

4

The notice under subsection (3) must—

a

be addressed to persons occupying or having an interest in the land, and

b

set out each of the matters mentioned in subsection (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under subsection (3) is first affixed).

12C1 Notices to owners, lessees and occupiers.

1

The acquiring authority shall serve on every F3qualifying person a notice in the prescribed form—

a

stating the effect of the order,

b

stating that it is about to be submitted for confirmation, and

c

specifying the time (not being less than twenty-one days from service of the notice) within which, and the manner in which, objections to the order can be made.

2

F4A person is a qualifying person, in relation to land comprised in an order, if—

a

he is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land, or

b

he falls within subsection (2A).

2A

A person falls within this subsection if he is—

a

a person to whom the acquiring authority would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or

b

a person the acquiring authority thinks is likely to be entitled to make a relevant claim if the order is confirmed and the compulsory purchase takes place, so far as he is known to the acquiring authority after making diligent inquiry.

2B

A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).

C23

Where under this section any notice is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the F5Church CommissionersF5Diocesan Board of Finance for the diocese in which the land is situated .

In this subsection “ecclesiastical property” means land belonging to any ecclesiastical benefice F6of the Church of England , or being or forming part of a church subject to the jurisdiction of the bishop of any diocese F6of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F1F7or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976.