PART 5POWERS OF ACQUISITION
Application of the 1981 Act31
1
The 1981 Act applies as if this Order was a compulsory purchase order.
2
The 1981 Act, as applied by paragraph (1), 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 body or person authorised to acquire land by means of a compulsory purchase order.
4
In section 5(2)49 (earliest date for execution of declaration) omit the words from “, and this subsection” to the end.
5
Omit section 5A50 (time limit for general vesting declaration).
6
In section 5B(1)51 (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 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), the five year period mentioned in article 29 (time limit for exercise of authority to acquire land and rights compulsorily) of the West Midlands Rail Freight Interchange Order 2020”.
7
In section 6(1)(b)52 (notices after execution of declaration) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.
8
In section 7(1)(a)53 (constructive notice to treat), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.
9
In Schedule A154 (counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2).
10
References to the 1965 Act in the 1981 Act are to be construed as references to that Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act as modified by article 30 (application of Part 1 of the 1965 Act) to the compulsory acquisition of land and rights under this Order.