The Compulsory Purchase of Land (Written Representations Procedure) (Ministers) Regulations 2004

Citation, commencement and application

1.—(1) These Regulations may be cited as the Compulsory Purchase of Land (Written Representations Procedure) (Ministers) Regulations 2004 and shall come into force on 31st October 2004.

(2) These Regulations apply where—

(a) a confirming authority(1), other than the National Assembly for Wales; or

(b) an appropriate authority(2), other than the National Assembly for Wales,

considers the use of or proceeds under the written representations procedure(3).

Interpretation

2.—(1) References in these Regulations to sections are to sections of the Acquisition of Land Act 1981 and references to Schedule 1 are to Schedule 1 to that Act.

(2) In these Regulations—

“authorising authority” means the confirming authority or an appropriate authority;

“the issue” means the submission seeking confirmation of a compulsory purchase order pursuant to section 2(2) or the issue whether or not to make a compulsory purchase order prepared in draft under Schedule 1 pursuant to section 2(3);

“remaining objector” means a person who has a remaining objection within the meaning of section 13A or, as the case may be, paragraph 4A of Schedule 1(4);

“representations” means written representations, statements and supporting documents;

“send” means send by pre-paid first class post addressed to the proper address(5), or such alternative address as the recipient may request;

“starting date” means the date of which notice is given in accordance with regulation 4(a);

“statement” includes a photograph, map or plan, but excludes any oral statement;

“working day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(6).

Consent to follow written representations procedure

3.—(1) Where—

(a) the requirements of section 13A(2)(a) and, if applicable, of section 13A(2)(b) are satisfied; or

(b) the requirements of paragraph 4A(2)(a) of Schedule 1 and, if applicable, of paragraph 4A(2)(b) of that Schedule are satisfied; and

(c) in either case the authorising authority wishes to follow the written representations procedure prescribed for the purposes of that section or paragraph (as the case may be),

it shall send to each remaining objector a consent form in the form set out in the Schedule or in a form to the same effect.

(2) For the purposes of section 13A and paragraph 4A of Schedule 1, a remaining objector who wishes to consent to the written representations procedure shall—

(a) complete the consent form sent to him in accordance with paragraph (1), and

(b) return it to the address specified in the consent form by such means as will ensure that it is received at that address not later than the date specified in the consent form.

Notification of decision to follow the written representations procedure

4.  Where the authorising authority decides to follow the written representations procedure, it shall inform each remaining objector and the acquiring authority, if not the authorising authority, in writing of—

(a) the starting date;

(b) the reference number allocated to the issue;

(c) the address to which written communications to the authorising authority are to be sent; and

(d) the title or description of every statement then in the possession of the authorising authority which it intends to consider in determining the issue.

Representations

5.—(1) Any statement provided by the acquiring authority, when it served notice under section 12(1) or paragraph 3(1) of Schedule 1, to a person who, for the purposes of the written representations procedure, is a remaining objector (“an initial statement”), shall be treated, for those purposes, as part of the acquiring authority’s representations.

(2) If an acquiring authority which is not the authorising authority has not previously supplied the authorising authority with a copy of the initial statement, it shall do so within five working days of the starting date, or such longer period as the authorising authority may in the particular case allow; and the authorising authority may disregard any initial statement (other than one previously supplied) that is not supplied within that period.

(3) The remaining objection of a remaining objector shall be treated for the purposes of the written representations procedure as part of his representations; and, if it has not previously supplied the acquiring authority with a copy of the objection, the authorising authority (if not the acquiring authority) shall send a copy of the objection to the acquiring authority not later than five working days after the starting date.

(4) Subject to paragraph (10) and regulation 6(4), if the acquiring authority wishes—

(a) to make further representations in support of the issue, it may do so provided that such representations are received by the authorising authority not later than 14 working days after the starting date, or such longer period as the authorising authority may in the particular case allow; or

(b) to treat its initial statement as its only representations in relation to the issue, it shall notify the authorising authority and each remaining objector accordingly.

(5) The authorising authority may disregard further representations made under paragraph (4) if they are received by the authorising authority after the relevant period.

(6) The authorising authority shall send as soon as practicable to each remaining objector a copy of further representations made by the acquiring authority or notification that no such representations are to be taken into account.

(7) A remaining objector may—

(a) make further representations, which must be received by the authorising authority not later than 15 working days after the authorising authority sends a copy of further representations or notification under paragraph (6), or such longer period as the authorising authority may in the particular case allow; or

(b) notify the authorising authority and the acquiring authority that he does not wish to make further representations.

(8) The authorising authority may disregard representations made under paragraph (7) received by the authorising authority after the relevant period.

(9) The authorising authority (if not the acquiring authority) shall send as soon as practicable to the acquiring authority a copy of further representations made by a remaining objector or notification that no such representations are to be taken into account.

(10) The acquiring authority may make representations to the authorising authority in relation to a remaining objector’s further representations which must be received by the authorising authority not later than ten working days after the authorising authority sends a copy of the representations, or such longer period as the authorising authority may in the particular case allow.

(11) The authorising authority may disregard representations made under paragraph (10) if they are received by the authorising authority after the relevant period.

(12) The authorising authority shall send as soon as practicable to each remaining objector any representations made by the acquiring authority under paragraph (10) or notification that no such representations are to be taken into account.

(13) The authorising authority may request the acquiring authority and each remaining objector to provide the authorising authority with additional copies of representations within such reasonable time scale as the authorising authority may specify.

Third party representations

6.—(1) The authorising authority may permit representations to be made by any person who is not an acquiring authority or remaining objector to be received by the authorising authority not later than 14 working days after the starting date, or such longer period as the authorising authority may in the particular case allow.

(2) The authorising authority may disregard representations made under paragraph (1) if they are received by the authorising authority after the relevant period.

(3) The authorising authority shall send as soon as practicable to each remaining objector and the acquiring authority, if not the authorising authority, a copy of any representations made under paragraph (1), or notification that no representations under paragraph (1) are to be taken into account.

(4) The acquiring authority may make representations to the authorising authority in relation to any representations made under paragraph (1) to be received not later than ten working days after the authorising authority sends a copy of the representations under paragraph (1) to the acquiring authority, or such longer period as the authorising authority may in the particular case allow.

(5) The authorising authority may disregard representations made under paragraph (4) if they are received by the authorising authority after the relevant period.

(6) The authorising authority may request any person making representations under paragraph (1) or the acquiring authority to provide the authorising authority with additional copies of representations within such reasonable time scale as the authorising authority may specify.

Appointment of an inspector

7.  The authorising authority may appoint an inspector—

(a) to consider the statements under regulation 4(d) and the representations provided in accordance with regulations 5 and 6;

(b) to undertake a site inspection, if appropriate; and

(c) to report in writing to the authorising authority with a recommendation in respect of the issue.

Site inspections

8.—(1) The inspector may, at any time, make—

(a) an unaccompanied inspection without giving prior notice to the acquiring authority or the remaining objectors; or

(b) an inspection in the company of a representative of the acquiring authority and each remaining objector,

of land which is the subject of the compulsory purchase order and of the surrounding area.

(2) In the case of an inspection under paragraph (1)(b), the authorising authority shall send notification of the date and time of the inspection to the acquiring authority if it is not the authorising authority and the remaining objectors not later than five working days before that date.

(3) The inspector shall not be bound to defer an inspection under paragraph (1)(b) at the time appointed.

(4) If a request for an inspection under paragraph (1)(b) is made by the acquiring authority or a remaining objector and is received by the authorising authority not later than ten working days after the starting date, the authorising authority must arrange for such an inspection to take place.

Decision

9.—(1) Subject to paragraph (2), where the authorising authority considers that it has sufficient material to make a decision on the issue, it may do so notwithstanding that—

(a) the acquiring authority or a remaining objector gave notice that it or he wished to make further representations; and

(b) no further representations have been provided within the period specified in regulation 5 or 6 or such longer period as has been allowed in the particular case.

(2) Where paragraph (1) applies, a decision shall not be made unless—

(a) the authorising authority has given to the acquiring authority and to each remaining objector notice of its intention to make a decision; and

(b) at least ten working days have elapsed since that notice was given.

Notification of decision

10.—(1) The authorising authority shall send written notice of its decision and of the reasons for it to—

(a) the acquiring authority;

(b) each remaining objector; and

(c) any other person permitted to make representations under regulation 6.

(2) Where an inspector was appointed under regulation 7, a person of a description specified in paragraph (1) above may, within 28 days of the date of the notice sent to it or him under that paragraph, apply to the authorising authority in writing for a copy of the inspector’s report.

(3) Where the authorising authority receives an application under paragraph (2) it shall send a copy of the report to the applicant not later than ten working days after receipt of the application.

(4) A person of a description specified in paragraph (1) may apply to the authorising authority in writing for the opportunity to inspect any document appended to the inspector’s report or otherwise taken into account by the authorising authority in reaching its decision.

(5) An application under paragraph (4) shall be made before the expiry of six weeks beginning with the date of first publication of the confirmation notice(7) (pursuant to section 15(3)) or, as the case may be, the making notice(8) (pursuant to paragraph 6(3) of Schedule 1).

(6) The authorising authority shall, as soon as reasonably practicable after receipt of an application under paragraph (4), make arrangements for enabling the inspection to take place; but it shall not be required to make available for inspection any document that has previously been supplied to the person by whom the application is made.

Signed by authority of the First Secretary of State

Keith Hill

Minister of State,

Office of the Deputy Prime Minister

4th October 2004