PART 2ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Application of the 1981 Act5.

(1)

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

(2)

The 1981 Act, as applied by paragraph (1), has effect subject to the following modifications.

(3)

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

(4)

Omit section 5A18 (time limit for general vesting declaration).

(5)

In section 5B(1)19 (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 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 12 (time limit for exercise of powers of acquisition) of the Network Rail (Chart Leacon) Order 2021”.

(6)

In section 620 (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 14A of the Transport and Works Act 1992”.

(7)

In section 721 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(8)

In Schedule A122 (counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2).

(9)

References to the 1965 Act are to be construed as references to that Act as applied to the acquisition of land by article 4 (application of Part 1 of the 1965 Act).