PART 5POWERS OF ACQUISITION
Modification of Part 1 of the 1965 Act30
1
Part 1 of the 1965 Act, as applied to this Order by section 12565 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.
2
In section 4A(1)66 (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 11867 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), the five year period mentioned in article 26 (time limit for exercise of authority to acquire land compulsorily) of the A417 Missing Link Development Consent Order 2022”
.
3
In section 11A68 (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) (interests omitted from purchase), for “section 4 of this Act” substitute “article 26 of the A417 Missing Link Development Consent Order 2022”
.
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 32(3) (acquisition of subsoil or airspace only) of the A417 Missing Link Development Consent Order 2022, which excludes the acquisition of subsoil or airspace only from this Schedule
b
after paragraph 29, end insert—
PART 4INTERPRETATION
30
In this Schedule, references to entering on and taking possession of land do not include doing so under article 22 (protective works to buildings), 34 (temporary use of land for carrying out the authorised development) or 35 (temporary use of land for maintaining the authorised development) of the A417 Missing Link Development Consent Order 2022.