PART 3ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Application of the 1981 ActI119

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

4

Omit section 5A33 (time limit for general vesting declaration).

5

In section 5B34 (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 27 (time limit for exercise of powers of acquisition) of the Network Rail (Essex and Others Level Crossing Reduction) Order 2022”.

6

In section 635 (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 736 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

8

In Schedule A137 (counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2).

9

References to the 1965 Act are construed as references to that Act as applied to the acquisition of land under article 18 (application of Part 1 of the 1965 Act).