The Compulsory Purchase of Land (Prescribed Forms) (Ministers) (Amendment) Regulations 2024

Statutory Instruments

2024 No. 473

ACQUISITION OF LAND, ENGLAND AND WALES

The Compulsory Purchase of Land (Prescribed Forms) (Ministers) (Amendment) Regulations 2024

Made

5th April 2024

Coming into force

30th April 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 7(2), 10(2), 11(1)(a) and (b), 11(3), 12(1), 15(4)(e) and (f), 15(5) and 22 of, and paragraphs 2(1)(a) and (b), 2(3), 3(1), 6(4)(e) and (f), and 6(5) of Schedule 1 and paragraph 9 of Schedule 3 to, the Acquisition of Land Act 1981(1).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Compulsory Purchase of Land (Prescribed Forms) (Ministers) (Amendment) Regulations 2024 and come into force on 30th April 2024.

(2) These Regulations extend to England and Wales.

Amendments to the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004

2.—(1) The Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004(2) are amended as follows.

(2) In regulation 3 (prescribed forms in connection with compulsory purchase orders), in paragraph (c)—

(a) in sub-paragraph (i)—

(i) for “section 11(1) and paragraph 2(1)” substitute “section 11(1)(a) and paragraph 2(1)(a)”;

(ii) omit the “and” at the end;

(b) after sub-paragraph (i) insert—

“(ia) section 11(1)(b) and paragraph 2(1)(b) of Schedule 1, the form of an appropriate website(3) notice; and”.

(3) Omit regulation 3A (review).

(4) After regulation 4 (additional provisions with respect to listed buildings) insert—

Additional provisions with respect to directions where prospect of planning permission to be ignored

4A.— (1) Where, in accordance with section 15A of the Act(4), an acquiring authority makes a compulsory purchase order which includes a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961(5) (cases where prospect of planning permission to be ignored), the relevant form must include the additional text set out in that form under the heading “Additional paragraph for a compulsory purchase order which includes a direction that applies section 14A of the Land Compensation Act 1961”, along with the relevant accompanying notes.

(2) Where a compulsory purchase order is confirmed with such a direction, the relevant form must include the additional text set out in that form under the heading “Additional paragraphs for a compulsory purchase order which includes a direction that applies section 14A of the Land Compensation Act 1961”, along with the relevant accompanying notes.”.

(5) In the Schedule—

(a) in the contents list—

(i) in the entry for Form 7, for “and display” substitute “, online publication and affixing”;

(ii) in the entry for Form 12, for “Newspaper notice” substitute “Notice”;

(b) for each of Forms 1 to 6 substitute the corresponding new form in the Schedule to these Regulations;

(c) for each of Forms 7 to 9 substitute the corresponding new form in the Schedule to these Regulations;

(d) for Form 9A substitute the corresponding new form in the Schedule to these Regulations;

(e) for each of Forms 10 to 12 substitute the corresponding new form in the Schedule to these Regulations.

Transitional provisions

3.  The amendments made by regulations 2(2) and (5)(a), (c) and (e) do not apply in relation to a compulsory purchase order where the date on which either—

(a) notice of the making of the compulsory purchase order pursuant to section 11(1) of the Acquisition of Land Act 1981, or

(b) notice of the preparation in draft of the order pursuant to paragraph 2(1) of Schedule 1 to the Acquisition of Land Act 1981,

is first published is before 30th April 2024.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Jacob Young

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

5th April 2024

Regulation 2(5)

Schedule SUBSTITUTED FORMS

Part 1 Form 1: Compulsory purchase order (other than a clearance compulsory purchase order)

Part 2 Form 2: Compulsory purchase order (other than a clearance compulsory purchase order) providing for the vesting of exchange land

Part 3 Form 3: Compulsory purchase order (other than a clearance compulsory purchase order) not providing for the vesting of exchange land but providing for the discharge of rights, trusts and incidents

Part 4 Form 4: Clearance compulsory purchase order

Part 5 Form 5: Clearance compulsory purchase order providing for the vesting of exchange land

Part 6 Form 6: Clearance compulsory purchase order not providing for the vesting of exchange land but providing for the discharge of rights, trusts and incidents

Part 7 Form 7: Notice concerning a compulsory purchase order for newspaper publication, online publication and affixing on or near the land subject to the order

Part 8 Form 8: Notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order

Part 9 Form 9: Notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order made on behalf of a council

Part 10 Form 9A: Form of statement of effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 and for giving information to the authority

Part 11 Form 10: Notice of making or confirmation (other than by the acquiring authority) of a compulsory purchase order

Part 12 Form 11: Notice of confirmation by an acquiring authority of a compulsory purchase order

Part 13 Form 12: Newspaper notice of the giving of a certificate under section 16 or 19 of, or paragraph 3 or 6 of Schedule 3 to, the Acquisition of Land Act 1981

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004 (“the 2004 Regulations”) (S.I. 2004/2595).

Regulation 2(2) amends regulation 3(c) of the 2004 Regulations, which prescribes forms for notices given under the Acquisition of Land Act 1981 (c. 67). The amendment provides that Form 7 is the form of the newspaper notice and appropriate website notice for the purposes of section 11(1) of, and paragraph 2(1) of Schedule 1 to, that Act.

Regulation 2(3) omits regulation 3A of the 2004 Regulations, which required the Secretary of State to review the operation and effect of regulation 3(da), (db) and (e) (and the associated forms) in the 2004 Regulations and to publish a report setting out the conclusions of that review within five years of 3rd February 2017 and within every five years after that.

Regulation 2(4) inserts new regulation 4A into the 2004 Regulations. It requires the acquiring authority to include additional text in certain prescribed forms where a compulsory purchase order is made or confirmed with a direction made under section 15A of the Acquisition of Land Act 1981 (c. 67) that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (c. 33).

Regulation 2(5)(a) amends the titles of Form 7 and Form 12 in the contents of the Schedule in the 2004 Regulations.

Regulations 2(5)(b) to (e) replace Forms 1 to 9, 9A, and 10 to 12 in the 2004 Regulations with new versions of those forms contained in the Schedule to these Regulations.

The amendments made by regulation 2(2) and (5)(a), (c), and (e) do not apply to compulsory purchase orders where notice of the making or preparation in draft of the order pursuant to section 11(1) or paragraph 2(1) of Schedule 1 to the Act has been published before the day on which these Regulations come into force.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1981 c. 67. Section 11(1) was amended by section 181(3) of the Levelling-up and Regeneration Act 2023 (c. 55) (“the 2023 Act”). Section 11(3) was inserted by section 100(4) of the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”). Section 12(1) was amended by section 100(5) of the 2004 Act and by section 181(4) of the 2023 Act. Section 15 was substituted by section 100(7) of the 2004 Act and paragraphs (4)(e) and (f) were inserted by paragraph 2(2) of Schedule 15 to the Housing and Planning Act 2016 (c. 22) (“the 2016 Act”). Section 15(5) is prospectively amended by section 183(3) of the 2023 Act from a date and time to be appointed. Section 22 was amended by section 181(7) of the 2023 Act. Paragraph 2(1) of Schedule 1 was amended by paragraph 1(3) of Schedule 19 to the 2023 Act. Paragraph 2(3) of Schedule 1 was inserted by section 101(2) of the 2004 Act. Paragraph 3(1) of Schedule 1 was amended by section 101(3) of the 2004 Act and by paragraph 1(4) of Schedule 19 to the 2023 Act. Paragraph 6 of Schedule 1 was inserted by section 101(5) of the 2004 Act and sub-paragraphs (4)(e) and (f) were inserted by paragraph 3(2) of Schedule 15 to the 2016 Act. Paragraph 6(5) of Schedule 1 is prospectively amended by paragraph 3(3) of Schedule 19 to the 2023 Act from a date and time to be appointed. Paragraph 9 of Schedule 3 was amended by section 181(8) of the 2023 Act. Section 7(4) of the Acquisition of Land Act 1981 is prospectively amended by paragraph 3(2) of Schedule 18 to the 2023 Act from a date and time to be appointed to clarify the function of Welsh Ministers and the Senedd Cymru in relation to anything required or authorised to be prescribed.

(2)

S.I. 2004/2595. Relevant amending instruments are S.I. 2009/1307 and S.I. 2017/2.

(3)

See section 7(1) of the Acquisition of Land Act 1981 (c. 67) for the meaning of “appropriate website”.

(4)

Section 15A of the Act was inserted by section 190(1) of the Levelling-up and Regeneration Act 2023 (c. 55).

(5)

1961 c. 33. Section 14A of the Land Compensation Act 1961 was inserted by section 190(2) of the Levelling-up and Regeneration Act 2023 (c. 55).