PART 3ACQUISITION AND POSSESSION OF LAND
Powers of Acquisition
Application of Part 1 of the 1965 Act19
1
Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order—
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 198131 applies; and
b
as if this Order were a compulsory purchase order under that Act.
2
Part 1 of the 1965 Act, as applied by paragraph (1) has effect subject to the following modifications.
3
Omit section 4 (which provides a time limit for compulsory purchase of land).
4
In section 4A(1)32 (extension of time limit during challenge), for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4”, 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 (Church Fenton Level Crossing Reduction) Order 2024.
5
In section 11(1B)33 (powers of entry), in a case where the notice to treat relates only to the acquisition of an easement or other right over land, for “3 months” substitute “1 month”
.
6
In section 11A34 (powers of entry: further notices of entry)—
a
in subsection (1)(a), after “land” insert “under that provision”
;
b
in subsection (2), after “land” insert “under that provision”
.
7
In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 27 (time limit for exercise of powers of acquisition) of the Network Rail (Church Fenton Level Crossing Reduction) Order 2024”
.
8
In Schedule 2A35 (counter-notice requiring purchase of land), after paragraph 29 insert—
PART 4INTERPRETATION
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