Modifications etc. (not altering text)
C1Part VI (ss. 137-171): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art. 3
Pt. VI (ss. 137-171) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
(1)In relation to a blight notice served by virtue of section 158—
(a)subsection (2) of section 154 shall have effect as if for the words “or in the case of an agricultural unit the interest of the claimant in so far as it subsists in the affected area” there were substituted the words “ or agricultural unit ”; and
(b)subsections (4) and (5) of that section shall not apply to any such blight notice.
(2)Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 159(1), then if either—
(a)the claimant, without referring that objection to the [F1Upper Tribunal] and before the time for so referring it has expired, gives notice to the appropriate authority that he withdraws his claim as to the unaffected area; or
(b)on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 159(5),
the appropriate authority shall be deemed—
(i)to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the affected area (but not in so far as it subsists in the unaffected area), and
(ii)to have served a notice to treat in respect of it on the date mentioned in subsection (3).
(3)The date referred to in subsection (2)—
(a)in a case falling within paragraph (a) of subsection (2), is the date on which notice is given in accordance with that paragraph; and
(b)in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 159(7).
(4)Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 159(1) and also on the grounds mentioned in section 151(4)(c), then if either—
(a)the claimant, without referring that objection to the [F1Upper Tribunal] and before the time for so referring it has expired—
(i)gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the affected area specified in the counter-notice, and
(ii)withdraws his claim as to the remainder of that area and as to the unaffected area; or
(b)on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 159(6) in respect of that part of the affected area,
the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the affected area specified in the counter-notice (but not in so far as it subsists in any other part of that area or in the unaffected area) and to have served a notice to treat in respect of it on the date mentioned in subsection (5).
(5)The date referred to in subsection (4)—
(a)in a case falling within paragraph (a) of that subsection, is the date on which notice is given in accordance with that paragraph; and
(b)in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 159(7).
(6)In relation to a blight notice served by virtue of section 158 references to “the appropriate authority” and “the appropriate enactment” shall be construed as if the unaffected area of an agricultural unit were part of the affected area.
Textual Amendments
F1Words in s. 160(2)(a)(4)(a) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(1)(2), Sch. 1 para. 203