C5C6C8C7C3C4C1 Part II Purchases By Local And Other Authorities
Pt. 2 applied by 1975 c. 70, Sch. 4 para. 1(2)(b) (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)))
Pt. 2 restricted (1.3.2007) by National Health Service Act 2006 (c. 41), s. 277(1), Sch. 3 para. 22(3)
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))
Pt. 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)
Pts. 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)
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)
Confirmation of order
C215F1Notices after confirmation of order
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;
3
F6Unless the order was confirmed conditionally, The acquiring authority must also publish a confirmation notice—
F17a
in one or more local newspapers circulating in the locality in which the land comprised in the order is situated F18, 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).
F23A
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 F14(3)F14(3)(a) in accordance with subsection (3A), F15or 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;
F7ba
if the order was confirmed conditionally, stating the conditions and time specified under section 13BA(3);
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;
F12ca
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.
F4e
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.
F164A
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.
F84B
If the order was confirmed conditionally and the confirming authority decides under section 13BA that the conditions have been met, the acquiring authority must serve—
a
a copy of the order, and
b
a fulfilment notice,
on each person on whom a notice was required to be served under section 12.
4C
Where subsection (4B) applies, the acquiring authority must also—
a
affix a fulfilment notice to a conspicuous object or objects on or near the land comprised in the order, and
b
publish a fulfilment notice—
i
in one or more local newspapers circulating in the locality in which the land comprised in the order is situated, and
ii
on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the acquiring authority takes the final step needed to comply with subsection (4B).
4D
The acquiring authority must comply with subsections (4B) and (4C)(a) and (b)(i) before the end of—
a
the period of 6 weeks beginning with the day on which the decision under section 13BA is made, or
b
such longer period beginning with that day as may be agreed in writing between the acquiring authority and the confirming authority.
4E
If the acquiring authority fails to comply with those provisions before the end of that period, or fails to comply with subsection (4C)(b)(ii), the confirming authority may—
a
take any steps that the acquiring authority was required but has failed to take to comply, and
b
recover the reasonable costs of doing so from the acquiring authority
4F
A fulfilment notice is a notice—
a
stating that the conditions subject to which the order was confirmed have been met and that the order will therefore become operative, and
b
annexing the information that was contained in the confirmation notice.
5
A confirmation notice F9or fulfilment notice must be in the prescribed form.
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