Part II E+W Purchases By Local And Other Authorities

Modifications etc. (not altering text)

C1 Parts II-IV applied (31.10.1994) by Opencast Coal Act 1958 c. 69, s. 16(4A) as substituted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 14(5)(with s. 40(7)); S.I. 1994/2553, art. 2

Pt. II (ss. 10-15) restricted (E.) (4.1.2000) and (W.) (prosp.) by 1977 c. 49, Sch. 5A para. 19(3) (as inserted (E.) (4.1.2000) and (W.) (prosp.) by 1999 c. 8, ss. 2(2), 67(1), Sch. 1; S.I. 1999/2342, art. 2(3)(a), Sch. 2)

Notices prior to submission of order to confirming authority E+W

12 Notices to owners, lessees and occupiers. E+W

(1) The acquiring authority shall serve on every owner, lessee and occupier (except tenants for a month or any period less than a month) of any land comprised in the order a notice in the prescribed form—

(a) stating the effect of the order,

(b) stating that it is about to be submitted for confirmation, 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 order can be made.

(2) For the purposes of this section an occupier being a statutory tenant within the meaning of the M1 Rent Act 1977 or the M2 Rent (Agriculture) Act 1976 [F1 or a licensee under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988] shall be deemed to be a tenant for a period less than a month.

(3) Where under this section 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 subsection “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 [F2 or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976].

Textual Amendments

F1 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 32(1)

F2 Words in s. 12(3) added (25.09.1991) 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)

C2 S. 12 modified by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 50(3)

C3 S. 12(2) and (3) applied (31.10.1994) by 1958 c. 69, s. 16(7A) as inserted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 14(9) (with s. 40(7)); S.I. 1994/2553, art. 2

Marginal Citations

M1 1977 c. 42.

M2 1976 c. 80.