The Infrastructure Planning (Compulsory Acquisition) (Amendment) Regulations 2017

Statutory Instruments

2017 No. 105

Infrastructure Planning

The Infrastructure Planning (Compulsory Acquisition) (Amendment) Regulations 2017

Made

6th February 2017

Laid before Parliament

7th February 2017

Coming into force

23rd February 2017

The Secretary of State, in exercise of the powers conferred by sections 134(7), 232(3) and 235(1)(1) of the Planning Act 2008(2), makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Infrastructure Planning (Compulsory Acquisition) (Amendment) Regulations 2017 and come into force on 23rd February 2017.

(2) The amendments made by regulation 2(2) and (4) apply only in relation to an order granting development consent which is made on or after 23rd February 2017.

Amendments to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010

2.—(1) The Infrastructure Planning (Compulsory Acquisition) Regulations 2010(3) are amended as follows.

(2) For regulation 3 (prescribed forms in connection with authorisation of compulsory acquisition), substitute—

“Prescribed forms etc in connection with authorisation of compulsory acquisition

3.— (1) For the purposes of section 134(7), the prescribed form of a compulsory acquisition notice is Form A in Schedule 1 to these Regulations.

(2) For the purposes of section 134(7)(cza)(i), the prescribed statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981(4) is set out in Part 1 of Form B in Schedule 1 to these Regulations.

(3) For the purposes of section 134(7)(cza)(ii), the prescribed form for giving information to the prospective purchaser(5) is Part 2 of Form B in Schedule 1 to these Regulations.”.

(3) After regulation 3 (prescribed forms in connection with authorisation of compulsory acquisition) insert—

“Review

3A.— (1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in regulation 3 and the associated forms (Forms A and B), and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 23rd February 2022.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015(6) requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).”.

(4) For Schedule 1, substitute Schedule 1 set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Communities and Local Government

Gavin Barwell

Minister of State

Department for Communities and Local Government

6th February 2017

Regulation 2(4)

SCHEDULE

Regulation 3

“SCHEDULE 1

”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Infrastructure Planning (Compulsory Acquisition) Regulations 2010 (“the 2010 Regulations”) (S.I. 2010/104) and come into force on 23rd February 2017. The amendments made by regulation 2(2) and (4) apply only in relation to an order granting development consent which is made on or after that date.

Regulation 2(2) substitutes a new regulation 3 into the 2010 Regulations. New regulation 3 provides that:

• for the purposes of section 134(7) of the Planning Act 2008 (c. 29), the prescribed form of a compulsory acquisition notice is Form A in Schedule 1 to the 2010 Regulations (as inserted by regulation 2(4) of, and the Schedule to, these Regulations);

• for the purposes of section 134(7)(cza)(i) of the Planning Act 2008, the prescribed statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) is set out in Part 1 of Form B in Schedule 1 to the 2010 Regulations (as inserted by regulation 2(4) of, and the Schedule to, these Regulations); and

• for the purposes of section 134(7)(cza)(ii), the prescribed form for giving information to the prospective purchaser is Part 2 of Form B in Schedule 1 to the 2010 Regulations (as inserted by regulation 2(4) of, and the Schedule to, these Regulations).

Regulation 2(3) inserts a new regulation 3A into the 2010 Regulations. It requires the Secretary of State to review the operation and effect of regulation 3 (and the associated forms) in the 2010 Regulations and to publish a report before 23rd February 2022 and within every five years after that. Following a review it will fall to the Secretary of State to consider whether regulation 3 should remain as it is, or be revoked or be amended. A further instrument would be needed to revoke or to amend it.

Regulation 2(4) substitutes a new version of Schedule 1 into the 2010 Regulations. The new Schedule 1 is contained in the Schedule to these Regulations and contains Forms A and B.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

See the definition of “prescribed”.

(2)

2008 c. 29. Section 134(7)(ca) was inserted by the Localism Act 2011 (c. 20), section 142(1) and (3). Section 134(7)(cza) was inserted by S.I. 2017/16.

(3)

S.I. 2010/104, amended by S.I. 2012/635; there are other amending instruments but none are relevant.

(4)

1981 c. 66.

(5)

See the definition of “prospective purchaser” in section 134(2) of the Planning Act 2008 (c. 29).

(6)

2015 c. 26.