Housing and Planning Act 2016

Confirmation and time limits E+W

Valid from 06/04/2018

180 Timetable for confirmation of compulsory purchase order E+W

After section 14A of the Acquisition of Land Act 1981 (confirmation by acquiring authorities) insert—

“14B Timetables for confirmation of CPOs except by Welsh Ministers

(1) The Secretary of State must publish one or more timetables in relation to steps to be taken by confirming authorities, other than the Welsh Ministers, in confirming a compulsory purchase order.

(2) Different timetables may be published in relation to—

(a) different confirming authorities, or

(b) different types of compulsory purchase order.

(3) The Secretary of State may at any time revise a timetable published under this section.

(4) The validity of an order is not affected by any failure to comply with a timetable published under this section.

(5) The Secretary of State must lay before Parliament an annual report showing the extent to which confirming authorities have complied with any applicable timetable published under this section.

(6) A report laid by the Secretary of State under this section need not include information about a confirming authority if the number of compulsory purchase orders submitted to it is lower than a minimum specified by the Secretary of State in the report.

14C Timetables for confirmation of CPOs by Welsh Ministers

(1) The Welsh Ministers may publish one or more timetables in relation to steps to be taken by them in confirming a compulsory purchase order.

(2) Different timetables may be published in relation to different types of compulsory purchase order.

(3) The Welsh Ministers may at any time revise a timetable published under this section.

(4) The validity of an order is not affected by any failure to comply with a timetable published under this section.

(5) The Welsh Ministers must lay before the National Assembly for Wales an annual report showing the extent to which they have complied with any applicable timetable published under this section.”

Valid from 06/04/2018

181 Confirmation by inspector E+W

(1) The Acquisition of Land Act 1981 is amended as follows.

(2) After section 14C (inserted by section 180 of this Act), insert—

“14D Power to appoint inspector

(1) A confirming authority may appoint a person (“an inspector”) to act instead of it in relation to the confirmation of a compulsory purchase order to which section 13A applies.

(2) An inspector may be appointed to act in relation to—

(a) a specific compulsory purchase order, or

(b) a description of compulsory purchase orders.

(3) An inspector—

(a) has the same functions as a confirming authority under this Part (excluding this section),

(b) retains those functions even if all remaining objections are withdrawn after the inspector has begun to act in relation to a compulsory purchase order, and

(c) may hold a public local inquiry under section 13A(3)(a) or act as the person appointed to hear remaining objections under section 13A(3)(b).

(4) Where an inspector is to act in relation to a compulsory purchase order, the confirming authority must inform—

(a) every person who has made a remaining objection, and

(b) the acquiring authority.

(5) Where an inspector decides whether or not to confirm the whole or part of a compulsory purchase order, the inspector's decision is to be treated as that of the confirming authority.

(6) The confirming authority may at any time—

(a) revoke its appointment of an inspector, and

(b) appoint another inspector.

(7) If the confirming authority revokes its appointment of an inspector while the inspector is acting in relation to a compulsory purchase order and does not replace the inspector, the authority must give its reasons—

(a) to the inspector whose appointment has been revoked, and

(b) to all those informed under subsection (4).

(8) Where in any enactment there is a provision that applies in relation to a confirming authority acting under this Part, that provision is to be read as applying equally in relation to an inspector so far as the context permits.

(9) In this section “remaining objection” is to be construed in accordance with section 13A.”

(3) In section 2 (procedure for authorisation), for subsection (2) substitute—

“(2) A compulsory purchase order authorising a compulsory purchase by an authority other than a Minister is to be—

(a) made by that authority,

(b) submitted to the confirming authority, and

(c) confirmed in accordance with Part 2 of this Act.”

182 Time limits for notice to treat or general vesting declaration E+W

(1) For section 4 of the Compulsory Purchase Act 1965 substitute—

“4 Time limit for giving notice to treat

A notice to treat may not be served by the acquiring authority after the end of the period of 3 years beginning with the day on which the compulsory purchase order becomes operative.”

(2) After section 5 of the Compulsory Purchase (Vesting Declarations) Act 1981 insert—

“5A Time limit for general vesting declaration

A general vesting declaration may not be executed after the end of the period of 3 years beginning with the day on which the compulsory purchase order becomes operative.”

Commencement Information

I1 S. 182 in force at 13.7.2016 by S.I. 2016/733, reg. 3(i) (with reg. 7)