PART 3POWERS OF ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Application of the 1981 Act31.

(1)

The 1981 Act applies as if this Order were a compulsory purchase order.

(2)

The 1981 Act, as applied, has effect with the following modifications.

(3)

In section 1 (application of Act) for subsection (2) substitute—

“(2)

This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.”.

(4)

In section 5 (earliest date for execution of declaration) in subsection (2), omit the words from “, and this subsection” to the end.

(5)

Omit section 5A M1 (time limit for general vesting declaration).

(6)

In section 5B M2 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “ section 118 M3 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008 ”, the five year period mentioned in article 25 of the Lake Lothing (Lowestoft) Third Crossing Order 2020”.

(7)

In section 6 M4 (notices after execution of declaration) in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “ section 134 M5 (notice of authorisation of compulsory acquisition) of the Planning Act 2008 ”.

(8)

In section 7 (constructive notice to treat) in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9)

In Schedule A1 M6 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—

“(2)

But see article 27(4) (acquisition of subsoil and airspace only) of the Lake Lothing (Lowestoft) Third Crossing Order 2020, which excludes the acquisition of subsoil or airspace only from this Schedule”

(10)

References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (as modified by article 32 (modification of the 1965 Act) to the compulsory acquisition of land under this Order.