SCHEDULES

C2SCHEDULE 1 Purchases by Ministers

Annotations:
Modifications etc. (not altering text)

Notices to owners, lessees F8, occupiers and others

Annotations:
Amendments (Textual)
F8

Words in Sch. 1 para. 3 cross-heading substituted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 3(2) (with s. 144); S.I. 2022/48, reg. 5(d)

3

C11

The Minister shall serve on every F5qualifying person a notice in the prescribed form—

a

stating the effect of the draft order,

b

stating that it is about to be made, F10and

F9ba

(subject to paragraph 2(2A)) naming a place within the locality where a copy of the draft order and of the map referred to in it may be inspected,

bb

specifying a website on which those copies may be viewed, and

F11c

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.

F11c

specifying the final day for making objections to the draft order, and the manner in which objections can be made.

2

F7A 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, F3...

b

he falls within sub-paragraph (2A) F2, or

c

the person is entitled to the benefit of an obligation under a conservation covenant (within the meaning of Part 7 of the Environment Act 2021) relating to the land.

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 F1Diocesan 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 F6....