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The Neighbourhood Planning Act 2017 (Commencement No. 4 and Transitional Provisions) Regulations 2018

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force a compulsory purchase provision of the Neighbourhood Planning Act 2017 (c. 20) (“the Act”) on 6th April 2018.

Regulation 3(a) brings into force section 38 of the Act which amends section 52 and section 52ZC of the Land Compensation Act 1973 (c. 26) (the “1973 Act”) to ensure that, where an acquiring authority is required to make an advance payment to a claimant or a payment to a mortgagee, the payment does not have to be made before the acquiring authority has received any further information required under section 52(2A)(b) of the 1973 Act (to estimate the amount of compensation) or under section 52ZC(2)(b) of the 1973 Act (to establish the amount of the mortgage).

Regulation 4 makes transitional provision in relation to the coming into force of section 38 of the Act. The amendments made by section 38 of the Act only apply in relation to a compulsory purchase of land which is authorised on or after 6th April 2018.

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