PART 6Powers of acquisition
Application of Compulsory Purchase (Vesting Declarations) Act 1981I129
1
The Compulsory Purchase (Vesting Declarations) Act 198124 applies as if this Order were a compulsory purchase order.
2
The Compulsory Purchase (Vesting Declarations) Act 1981, as so applied, has effect with the following modifications.
3
In section 3 (preliminary notices), omit subsection (1) and substitute—
1
Before making a declaration under section 4 with respect to any land subject to a compulsory purchase order, the acquiring authority must include the particulars specified in subsection (3) in a notice which is—
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and
b
published in a local newspaper circulating in the area in which the land is situated.
4
In that section, in subsection (2)—
a
omit “(1)(b)” and substitute “(1)”; and
b
after “given” insert “and published”.
5
In that section, omit subsections (5) and (6) and substitute—
5
For the purposes of this section, a person has a relevant interest in land if—
a
the person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or
b
the person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds 1 month.
6
In section 5 (earliest date for execution of declaration)—
a
in subsection (1), after “publication” insert “in a local newspaper circulating in the area in which the land is situated”; and
b
omit subsection (2).
7
In section 7 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.
8
References to the 1965 Act in the Compulsory Purchase (Vesting Declarations) Act 1981 must be construed as references to that Act as applied by section 125 of the 2008 Act to the compulsory acquisition of land under this Order.