PART 5POWERS OF ACQUISITION AND POSSESSION OF LAND

Application of the 1981 Act31.

(1)

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

(2)

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

(3)

In section 1 (application of Act), for subsection 2 substitute—

“(2)

This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.”.

(4)

In section 571 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.

(5)

Omit section 5A72 (time limit for general vesting declaration).

(6)

In section 5B(1)73 (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 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 27 (time limit for exercise of authority to acquire land compulsorily) of the M25 Junction 28 Development Consent Order 2022”.

(7)

In section 674 (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 13475 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

(8)

In section 776 (constructive notice to treat) in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9)

In section 11 (recovery of compensation overpaid), for subsection (1) substitute—

“(1)

This section applies where after the execution of a general vesting declaration a person (“the claimant”) claims compensation in respect of the acquisition of an interest in land by virtue of the declaration, and the acquiring authority pay compensation in respect of that interest.”.

(10)

In Schedule A177 (counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2).

(11)

References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 30 (modification of Part 1 of the 1965 Act)) to the compulsory acquisition of land under this Order.