Explanatory Note
(This note is not part of the Regulations)
These Regulations, which apply in relation to England only, amend the Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017 (“the 2017 Regulations”) (S.I. 2017/3) and the Land Compensation Development (England) Order 2012 (“the 2012 Order”) (S.I. 2012/634). The amendments to the 2017 Regulations come into force on 30th April 2024 and the amendments to the 2012 Order come into force on 31st January 2025.
Regulation 2(2) omits regulation 4 of the 2017 Regulations, which required the Secretary of State to review the operation and effect of regulations 1 to 3 of the 2017 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(3)(a) replaces Form 1 in the 2017 Regulations with a new version (contained in Part 1 of the Schedule to these Regulations).
Regulation 2(3)(b) replaces Form 2 in the 2017 Regulations with a new version (contained in Part 2 of the Schedule to these Regulations).
Regulation 3(2) replaces article 3(3) of the 2012 Order, to reflect that local planning authorities are required to provide a statement of reasons where they—
issue a certificate of appropriate alternative development under section 17 of the Land Compensation Act 1961 (c.33) (certificates of appropriate alternative development) for development less extensive than as described in the relevant application or contrary to any representations in writing, or
reject an application for such a certificate.
The amendments made by regulation 2(3) do not apply to compulsory purchase orders where notice of the making or preparation of the order pursuant to section 11(1) of or paragraph 2(1) of Schedule 1 to the Acquisition of Land Act 1981 (c. 67) has been published before 30th April 2023.
The amendments made by regulation 3 do not apply to compulsory acquisitions that have been made public in accordance with the relevant acquisition process before these Regulations come into force to avoid changing the law applicable to those acquisitions mid-process.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.