Modification of Part 1 of the 1965 ActE+W
25.—(1) Part 1 (compulsory purchase 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 Planning Act 2008 (legal challenges relating to applications for orders granting development consent), the five year period mentioned in article 20 (time limit for exercise of authority to acquire land compulsorily) of the Immingham Open Cycle Gas Turbine 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) (interests omitted from purchase), for “section 4 of this Act” substitute “ article 20 (time limit for exercise of authority to acquire land compulsorily) of the Immingham Open Cycle Gas Turbine 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 24(3)(acquisition of subsoil only) of the Immingham Open Cycle Gas Turbine Order 2020, which excludes the acquisition of subsoil only from this Schedule”; and
(b)after paragraph 29, insert—
“PART 4 E+WINTERPRETATION
30. In this Schedule, references to entering on and taking possession of land do not include doing so under article 27 (temporary use of land for carrying out the authorised development) or article 28 (temporary use of land for maintaining the authorised development) of the Immingham Open Cycle Gas Turbine Order 2020.”.
Commencement Information
I1Art. 25 in force at 1.9.2020, see art. 1