C4C5C6C7C3 Part II Purchases By Local And Other Authorities

Annotations:
Modifications etc. (not altering text)
C4

Pts. 2, 3 applied (with modifications) (28.1.2005) by The East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), arts. 1, 11

C7

Pt. 2 restricted (coming into force in accordance with s. 208(4) of the amending Act) by National Health Service (Wales) Act 2006 (c. 42), s. 208(1), Sch. 2 para. 20(3) (with s. 19(3))

C3

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

12C1 Notices to owners, lessees and occupiers.

1

The acquiring authority shall serve on every F2qualifying person 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

F3A person is a qualifying person, in relation to land comprised in an order, if—

a

he is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land, or

b

he falls within subsection (2A).

2A

A person falls within this subsection if he is—

a

a person to whom the acquiring authority 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 acquiring authority thinks is likely to be entitled to make a relevant claim if the order is confirmed and the compulsory purchase takes place, so far as he is known to the acquiring authority 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).

C23

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 F4Church CommissionersF4Diocesan Board of Finance for the diocese in which the land is situated .

In this subsection “ecclesiastical property” means land belonging to any ecclesiastical benefice F5of the Church of England , or being or forming part of a church subject to the jurisdiction of the bishop of any diocese F5of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F1F6or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976.