PART 5POWERS OF ACQUISITION AND POSSESSION OF LAND
Modification of Part 1 of the 1965 ActI129
1
Part 1 of the 1965 Act, as applied to this Order by section 12552 (application of compulsory acquisition provisions) of the 2008 Act is modified as follows.
2
In section 4A(1)53 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 11854 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 26 (time limit for exercise of authority to acquire land compulsorily) of the M42 Junction 6 Development Consent Order 2020”.
3
In section 11A55 (powers of entry: further notice of entry)—
a
in subsection (1)(a), after “land” insert “under that provision”;
b
in subsection (2), after “land” insert “under that provision”.
4
In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 26 (time limit for exercise of authority to acquire land compulsorily) of the M42 Junction 6 Development Consent Order 2020”.
5
In Schedule 2A (counter- notice requiring purchase of land not in notice to treat)—
a
for paragraphs 1(2) and 14(2) substitute—
2
But see article 31(3) (acquisition of subsoil or airspace only) of the M42 Junction 6 Development Consent Order 2020, which excludes the acquisition of subsoil or airspace only from this Schedule.
b
after paragraph 29, insert—
PART 4INTERPRETATION
30
In this Schedule, references to entering on and taking possession of land do not include doing so under articles 22 (protective work to buildings), 33 (temporary use of land for carrying out the authorised development) or 34 (temporary use of land for maintaining the authorised development) of the M42 Junction 6 Development Consent Order 2020.