SCHEDULES

SCHEDULE 1E+W Purchases by Ministers

Modifications etc. (not altering text)

Notices to owners, lessees [F1, occupiers and others]E+W

Textual Amendments

F1Words 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(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, [F3and]

[F4(ba)(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]

[F5(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.]

[F5(c)specifying the final day for making objections to the draft order, and the manner in which objections can be made.]

(2)[F6A 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, F7...

(b)he falls within sub-paragraph (2A) [F8, 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 [F9Diocesan 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 [F10of the Church of England], or being or forming part of a church subject to the jurisdiction of the bishop of any diocese [F10of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F11....

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)

F6Sch. 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)

F9Words 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

F10Words 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

F11Words 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)