SCHEDULES
C1SCHEDULE 1 Purchases by Ministers
Making of order
4
F11
The Minister may make a compulsory purchase order with or without modifications if he is satisfied—
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every relevant objection made is either withdrawn or disregarded.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.
Sch. 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)))