PART 5POWERS OF ACQUISITION
Modification of Part 1 of the Compulsory Purchase Act 1965I122
1
Part 1 (compulsory acquisition under Acquisition of Land Act 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.
2
In section 4A(1) (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 4”
substitute “
section 118 of the 2008 Act (legal challenges
relating to applications for orders granting development
consent), the five year period mentioned in article 17 (time
limit for exercise of authority to acquire land
compulsorily) of the Cleve Hill Solar Park Order
2020
”
.
3
In section 11A (powers of entry: further notice of entry)—
a
in subsection (1)(a), after “land” insert “
under
that provision
”
; and
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 17 (time limit for exercise of
authority to acquire land compulsorily) of the Cleve Hill
Solar Park 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 21(3) (acquisition of subsoil only) of the Cleve Hill Solar Park Order 2020, which excludes the acquisition of subsoil 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 article 14 (protective works to buildings), article 24 (temporary use of land for carrying out the authorised development) or article 25 (temporary use of land for maintaining the authorised development) of the Cleve Hill Solar Park Order 2020.