Notices to owners, lessees and occupiersE+W
3(1)The Minister shall serve on every [F1qualifying 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.
[F2(2)A 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 Church Commissioners.
In this sub-paragraph “ecclesiastical property” means land belonging to any ecclesiastical benefice, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction [F3or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976].
Textual Amendments
F1Words 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)
F2Sch. 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)
F3Words in Sch. 1, para. 3(3) added (24.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15, para.27; S.I. 1991/2067, art. 3.
Modifications etc. (not altering text)
C1Sch. 1 para. 3(1) modified by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 50(3)