SCHEDULES

Section 2(3).

SCHEDULE 1E+W Purchases by Ministers

Modifications etc. (not altering text)

C1Sch. 1 restricted by 1975 c. 70, Sch. 4 para. 1(2)(a) (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)))

1(1)This Schedule has effect where a Minister is the acquiring authority.E+W

(2)The compulsory purchase order shall be prepared in draft and shall describe by reference to a map the land to which it applies.

(3)Subject as aforesaid the form of the order shall be such as the Minister may determine.

(4)As soon as may be after the draft of the order has been prepared, and before making the order, the Minister shall comply with paragraphs 2 and 3 below.

(5)The provisions of the said paragraphs 2 and 3 as to the notice thereby required shall apply subject to such modifications of the form of the notice as appear to the Minister to be requisite.

Notices in newspapersE+W

2(1)The Minister 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 draft order is situated.E+W

(2)The notice shall—

(a)state that the order has been prepared in draft and is about to be made,

(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 draft 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 draft order can be made.

[F1(3)In addition, the Minister shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the draft order.

(4)The notice under sub-paragraph (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 sub-paragraph (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under sub-paragraph (3) is first affixed).]

Textual Amendments

F1Sch. 1 para. 2(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. 101(2) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

Notices to owners, lessees and occupiersE+W

3(1)The Minister shall serve on every [F2qualifying person] a notice in the prescribed form—E+W

(a)stating the effect of the draft order,

(b)stating that it is about to be made, 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 draft order can be made.

(2)[F3A person is a qualifying person, in relation to land comprised in a draft order, if—

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

(b)he falls within sub-paragraph (2A).

(2A)A person falls within this sub-paragraph if he is—

(a)a person to whom the Minister 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 Minister thinks is likely to be entitled to make a relevant claim if the order is made and the compulsory purchase takes place, so far as he is known to the Minister 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 paragraph 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 [F4Diocesan Board of Finance for the diocese in which the land is situated].

In this sub-paragraph “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....

Textual Amendments

F2Words in Sch. 1 para. 3(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. 101(3)(a) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

F3Sch. 1 para. 3(2)-(2B) substituted for Sch. 1 para. 3(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. 101(3)(b) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

F4Words in Sch. 1 para. 3(3) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(2)(a); 2006 No. 2, Instrument made by Archbishops

F5Words in Sch. 1 para. 3(3) inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 24(2)(b); 2006 No. 2, Instrument made by Archbishops

F6Words in Sch. 1 para. 3(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(2)(c); 2006 No. 2, Instrument made by Archbishops

Modifications etc. (not altering text)

C2Sch. 1 para. 3(1) modified by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 50(3)

Making of orderE+W

4[F7(1)The Minister may make a compulsory purchase order with or without modifications if he is satisfied—E+W

(a)that the notice requirements have been complied with, and

(b)that one of the conditions in sub-paragraph (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 appropriate authority may require every person who makes a relevant objection to state the grounds of the objection in writing.

(4)If the appropriate 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 paragraphs 2 and 3 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 paragraph 3(2), but if such a person qualifies only by virtue of paragraph 3(2A)(b) and the Minister 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 sub-paragraph (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.

(8)The appropriate authority is—

(a)in the case of an order proposed to be made in the exercise of highway land acquisition powers, the Minister and the planning Minister acting jointly,

(b)in any other case, the Minister.

(9)Highway land acquisition powers must be construed in accordance with the Highways Act 1980.

(10)The planning Minister is the Secretary of State for the time being having general responsibility in planning matters.

Textual Amendments

F7Sch. 1 paras. 4-4B substituted for Sch. 1 para. 4 (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. 101(4) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

4A(1)This paragraph applies to the making of a compulsory purchase order if a relevant objection is made which is neither—E+W

(a)withdrawn, nor

(b)disregarded,

(a remaining objection).

(2)The appropriate 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 sub-paragraph (2) does not apply or if the appropriate authority decides not to proceed under that sub-paragraph, 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 appropriate authority for the purpose.

(4)If a person who has made a remaining objection takes the opportunity to appear before a person appointed under sub-paragraph (3)(b) the appropriate authority must give any other person it thinks appropriate the opportunity to be heard at the same time.

(5)The Minister may make the order with or without modifications if—

(a)the appropriate authority has considered the objection, and

(b)one of the conditions in sub-paragraph (6) is satisfied.

(6)The conditions are—

(a)the appropriate authority has followed the written representations procedure;

(b)in a case which falls within sub-paragraph (3), if an inquiry was held or a person was appointed under sub-paragraph (3)(b), the appropriate authority has considered the report of the person who held the inquiry or who was so appointed.

(7)The written representations procedure is such procedure as is prescribed for the purposes of this paragraph including provision affording an opportunity to—

(a)every person who has made a remaining objection, and

(b)any other person the appropriate authority thinks appropriate,

to make written representations as to whether the order should be made.

(8)Regulations under sub-paragraph (7) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.

(9)Expressions used in this paragraph and in paragraph 4 must be construed in accordance with paragraph 4.

Textual Amendments

4B(1)The Minister may make an order (with or without modifications) so far as it relates to part of the land comprised in the draft order (the “relevant part”) if each of the conditions in sub-paragraph (2) is met.E+W

(2)The conditions are—

(a)the Minister or, if there is a remaining objection in respect of the order, the appropriate authority is satisfied that the order ought to be made so far as it relates to the relevant part but has not for the time being determined whether the order ought to be made so far as it relates to the remaining part;

(b)the Minister is satisfied that the notice requirements have been complied with.

(3)If there is a remaining objection in respect of the order, the Minister may only act under sub-paragraph (1) after the appropriate authority has complied with paragraph 4A(2) or (3) (as the case may be).

(4)But he may act under sub-paragraph (1) without the appropriate authority having complied with those provisions if he is satisfied that all remaining objections relate solely to the remaining part of the land.

(5)If the Minister acts under sub-paragraph (1)—

(a)he 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 paragraph 6 must include a statement as to the effect of the direction given under sub-paragraph (5)(a).

(7)Expressions used in this paragraph and in paragraph 4 or 4A must be construed in accordance with paragraph 4 or 4A (as the case may be).]

Textual Amendments

Land not included in draft orderE+W

5E+WThe order, as made by the Minister, shall not, unless all persons interested consent, authorise the Minister to purchase compulsorily any land which the draft order would not have authorised the Minister to purchase compulsorily if it had been made without modification.

Notices after making of orderE+W

[F86(1)After the order has been made, the Minister must—E+W

(a)serve a making notice, and a copy of the order as made, on each person on whom a notice was required to be served under paragraph 3, and

(b)affix a making notice to a conspicuous object or objects on or near the land comprised in the order.

(2)The notice under sub-paragraph (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 Minister must also publish a making notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated.

(4)A making notice is a notice—

(a)describing the land;

(b)stating that the order has been made;

(c)(except in the case of a notice under sub-paragraph (1)(a)) naming a place where a copy of the order as made 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.

[F9(e)containing a prescribed statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981;

(f)inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the acquiring authority information about the person's name, address and interest in land, using a prescribed form.]

(5)A making notice must be in the prescribed form.

[F10(6)The Minister must send the making notice to the Chief Land Registrar and it shall be a local land charge.]]

Textual Amendments

F8Sch. 1 para. 6 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. 101(5) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

F9Sch. 1 para. 6(4)(e)(f) inserted (1.10.2016 for specified purposes, 3.2.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 15 para. 3(2); S.I. 2016/956, reg. 2(b)(ii); S.I. 2017/75, reg. 3(i); S.I. 2017/281, reg. 4(j)

F10Sch. 1 para. 6(6) inserted (3.2.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 15 para. 3(3); S.I. 2017/75, reg. 3(i) (with reg. 5); S.I. 2017/281, reg. 4(j)