SCHEDULES

C2SCHEDULE 1 Purchases by Ministers

Annotations:
Modifications etc. (not altering text)

Notices to owners, lessees and occupiers

3

C11

The Minister shall serve on every F1qualifying person a notice in the prescribed form—

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

F2A 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 F3Diocesan 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 F4of the Church of England, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese F4of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F5....