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Part IIE+W Purchases By Local And Other Authorities

Modifications etc. (not altering text)

C1Pts. 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

C4Pt. 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))

C5Pt. 2 incorporated (with modifications) (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 24 (with arts. 51, 57)

C6Pts. 2, 3 incorporated (with modifications) (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 22 (with art. 32, Sch. 9 para. 36)

C7Parts 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)

Confirmation of orderE+W

[F115 Notices after confirmation of orderE+W

(1)After the order has been confirmed, the acquiring authority must—

(a)serve a confirmation notice and a copy of the order as confirmed on each person on whom a notice was required to be served under section 12, and

(b)affix a confirmation notice to a conspicuous object or objects on or near the land comprised in the order.

(2)The notice under subsection (1)(b) must—

(a)be addressed to persons occupying or having an interest in the land;

(b)so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative.

(3)The acquiring authority must also publish a confirmation notice—

[F2(a)]in one or more local newspapers circulating in the locality in which the land comprised in the order is situated [F3, and

(b)on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the authority takes the final step needed to comply with subsection (1)(a).]

[F4(3A)The acquiring authority must comply with subsections (1) and [F5(3)] [F5(3)(a)] before the end of—

(a)the period of 6 weeks beginning with the day on which the order is confirmed, or

(b)such longer period beginning with that day as may be agreed in writing between the acquiring authority and the confirming authority.

(3B)If the acquiring authority fails to comply with subsections (1) and [F6(3)] [F6(3)(a)] in accordance with subsection (3A), [F7or with subsection (3)(b),] the confirming authority may—

(a)take any steps that the acquiring authority was required but has failed to take to comply with those subsections, and

(b)recover the reasonable costs of doing so from the acquiring authority.]

(4)A confirmation notice is a notice—

(a)describing the land;

(b)stating that the order has been confirmed;

(c)(except in the case of a notice under subsection (1)(a)) naming a place where a copy of the order as confirmed and of the map referred to there may be inspected at all reasonable hours;

[F8(ca)specifying a website on which those copies may be viewed;]

(d)that a person aggrieved by the order may apply to the High Court as mentioned in section 23.

[F9(e)containing a prescribed statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981;

(f)inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the acquiring authority information about the person's name, address and interest in land, using a prescribed form.]

[F10(4A)If the confirming authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority to make the copies referred to in subsection (4)(c) available for inspection at an appropriate place, the confirming authority may direct that the requirement in subsection (4)(c) is not to apply.]

(5)A confirmation notice must be in the prescribed form.

[F11(6)The acquiring authority must send the confirmation notice to the Chief Land Registrar and it shall be a local land charge.]]

Textual Amendments

F1S. 15 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. 100(7) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

F2Words in s. 15(3) renumbered as s. 15(3)(a) (31.1.2024 for specified purposes, 30.4.2024 for E. in so far as not already in force) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 181(6)(a)(i), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j); S.I. 2024/389, reg. 3(a) (with reg. 4)

F3S. 15(3)(b) and word inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(6)(a)(ii), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j)

F5Word in s. 15(3A) substituted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(6)(b), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j)

F6Word in s. 15(3B) substituted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(6)(c)(i), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j)

F7Words in s. 15(3B) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 181(6)(c)(ii), 255(7) (with s. 247); S.I. 2024/92, reg. 2(j)

F9S. 15(4)(e)(f) inserted (1.10.2016 for specified purposes, 3.2.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 15 para. 2(2); S.I. 2016/956, reg. 2(b)(i); S.I. 2017/75, reg. 3(i); S.I. 2017/281, reg. 4(j)

F11S. 15(6) inserted (3.2.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 15 para. 2(3); S.I. 2017/75, reg. 3(i) (with reg. 5); S.I. 2017/281, reg. 4(j)

Modifications etc. (not altering text)

C8S. 15 modified (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 para. 2(2); S.I. 1993/2762, art. 3.