Modifications etc. (not altering text)
C1Pts. 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
C2Pt. 2 applied by 1975 c. 70, Sch. 4 para. 1(2)(b) (as substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 1 para. 33(1) (with art. 3(1)))
C3Pt. 2 restricted (1.3.2007) by National Health Service Act 2006 (c. 41), s. 277(1), Sch. 3 para. 22(3)
C4Pt. 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))
C5Parts 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)
(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.
[F1(3)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).]
Textual Amendments
F1S. 11(3)(4) added (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(4) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
(1)The acquiring authority shall serve on every [F2qualifying 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)[F3A 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).]
(3)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 [F4Church Commissioners] [F4Diocesan Board of Finance for the diocese in which the land is situated] .
In this subsection “ecclesiastical property” means land belonging to any ecclesiastical benefice [F5of the Church of England] , or being or forming part of a church subject to the jurisdiction of the bishop of any diocese [F5of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction [F6[F7or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976]].
Textual Amendments
F2Words in s. 12(1) 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(5)(a) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
F3S. 12(2)-(2B) substituted for s. 12(2) (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(5)(b) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
F4Words in s. 12(3) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(1)(a); 2006 No. 2, Instrument made by Archbishops
F5Words in s. 12(3) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(1)(b); 2006 No. 2, Instrument made by Archbishops
F6Words in s. 12(3) added (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 27; S.I. 1991/2067, art. 3.
F7Words in s. 12(3) omitted (E.) (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(1)(c); 2006 No. 2, Instrument made by Archbishops
Modifications etc. (not altering text)
C6S. 12 modified by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 50(3)
C7S. 12(2) and (3) applied (31.10.1994) by 1958 c. 69, s. 16(7A) as inserted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 14(9) (with s. 40(7)); S.I. 1994/2553, art. 2