The Compulsory Purchase (Inquiries Procedure) (Miscellaneous Amendments and Electronic Communications) Rules 2018

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Compulsory Purchase (Inquiries Procedure) Rules 2007 (SI 2007/3617) (“the 2007 Rules”). They come into force on 6th April 2018.

Part 1 contains preliminary matters.

Part 2 sets out miscellaneous amendments to the 2007 Rules.

Rule 4 amends the table of contents for the 2007 Rules.

Rule 5 inserts a new rule 2A into the 2007 Rules. New rule 2A provides that where a person is appointed under section 14D of the Acquisition of Land Act 1981 (“the 1981 Act”) the 2007 Rules shall have effect subject to certain modifications. Section 14D of the 1981 Act provides that a confirming authority may appoint a person to act instead of it in relation to the confirmation of a compulsory purchase order to which section 13A of that Act applies. The modifications are set out in a new Schedule to the 2007 Rules (which is inserted by rule 8 of these Rules).

Rule 6 inserts a new paragraph (A1) into rule 18 of the 2007 Rules to impose a new requirement on the authorising authority to inform the persons listed in rule 19(1) of the 2007 Rules of the expected date of its decision as to whether to confirm the compulsory purchase order.

Rule 7 inserts a new rule 19A into the 2007 Rules which sets out the procedure to be followed where a decision notified under rule 19(1) is quashed in proceedings before any court.

Rule 8 inserts a new Schedule into the 2007 Rules.

Part 3 concerns electronic communications.

Rule 9 amends rule 2 of the 2007 Rules in order to facilitate the use of electronic communications for the service of notices and other documents which are required or authorised to be sent under the 2007 Rules.

Rule 10 substitutes a new version of rule 21 into the 2007 Rules which makes clear that notices or documents required or authorised to be sent under the 2007 Rules may be sent by post or by using electronic communications.

Rule 11 inserts a new rule 21A into the 2007 Rules which provides for how a person may withdraw their consent to use of electronic communications.

A final impact assessment was produced for Part 7 of the Housing and Planning Act 2016 (c. 22) on compulsory purchase, which, among other things, introduced section 14D (power to appoint an inspector) into the 1981 Act and inserted subsection (3) into section 24 of that Act (powers of the court). A copy of that impact assessment is available online at: https://www.parliament.uk/documents/impact-assessments/IA16-002I.pdf. No additional impact assessment has been produced in respect of this instrument as no additional impact on the private or voluntary sectors is foreseen.