PART 5POWERS OF ACQUISITION AND POSSESSION OF LAND
Application of the 1981 Act34
1
The 1981 Act applies as if this Order were a compulsory purchase order.
2
The 1981 Act, as applied, 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 5 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.
5
Omit section 5A27 (time limit for general vesting declaration).
6
In section 5B28 (extension of time limit during challenge)—
a
for “section 23 of the Acquisition of Land Act 1981 (Application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)”
; and
b
for “the three year period mentioned in section 4” substitute “the five year period mentioned in article 31 (time limit for exercise of authority to acquire land compulsorily) of the Sizewell C (Nuclear Generating Station) Order 2022”
.
7
In section 629 (notices after execution of declaration) for subsection (1)(b) substitute—
b
on every other person who has given information to the acquiring authority with respect to any of that land further to the invitation published and served under section 134 of the Planning Act 2008.
8
In section 730 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.
9
In Schedule A131 (counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2).
10
References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 of the 2008 Act (application of compulsory acquisition provisions) as modified by article 37 to the compulsory acquisition of land under this Order.