PART 5Powers of Acquisition

Modification of Part 1 of the 1965 Act32.

(1)

Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2)

In section 4A(1) (extension of time limit during challenge) for “section 23 (application to High Court in respect of compulsory purchase order) of the Acquisition of Land Act 1981, the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the 2008 Act, the 5 year period mentioned in article 25 (time limit for exercise of authority to acquire land compulsorily) of the HyNet Carbon Dioxide Pipeline Order 2024”.

(3)

In section 11A (powers of entry: further notice of entry)—

(a)

in subsection (1)(a), after “land” insert “under that provision”; and

(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 25 (time limit for exercise of authority to acquire land compulsorily) of the HyNet Carbon Dioxide Pipeline Order 2024”.

(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 31(3) (acquisition of subsoil or airspace only) of the HyNet Carbon Dioxide Pipeline Order 2024 which excludes the acquisition of subsoil or airspace only from this Schedule”; and

(b)

at the end insert—

“Part 4INTERPRETATION

30.

In this Schedule, references to entering on and taking possession of land do not include doing so under article 23 (protective work to buildings), article 34 (temporary use of land for carrying out the authorised development) or article 35 (temporary use of land for maintaining the authorised development) of the HyNet Carbon Dioxide Pipeline Order 2024”.