The Compulsory Purchase of Land (Vesting Declarations) (Wales) Regulations 2017

Interpretation

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Compulsory Purchase (Vesting Declarations) Act 1981;

“relevant order” (“gorchymyn perthnasol“) means an order which provides that the Act is to apply to the compulsory purchase of land which it authorises as if the order were a compulsory purchase order; and

“special enactment” (“deddfiad arbennig”) means—

(a)

a local or private Act which authorises the compulsory purchase of land specifically identified in that Act, or

(b)

a provision which—

(i)

is contained in an Act other than a local or private Act, and

(ii)

authorises the compulsory purchase of land specifically identified in that Act.

(2) For the purposes of these Regulations, a compulsory purchase is authorised—

(a) by a compulsory purchase order, on the day on which the order is confirmed by a Minister or the Welsh Ministers or another authority, or made by a Minister or the Welsh Ministers;

(b) by an order under section 1 or 3 of the Transport and Works Act 1992(1), on the day on which the Secretary of State or the Welsh Ministers determine under section 13(1) of that Act to make the order;

(c) by a harbour revision order, a harbour empowerment order or a harbour closure order under the Harbours Act 1964(2), on the day on which the order is made by the appropriate Minster(3) or the Welsh Ministers or a person who is designated in an order made under section 42A(4) of that Act;

(d) by any other relevant order, on the day on which the order is made by a Minister or the Welsh Ministers; or

(e) by a special enactment(5), on the day on which the special enactment is enacted.

(1)

1992 c. 42. An order made under section 1 or 3 of the Transport and Works Act 1992 can authorise the compulsory acquisition of land, see section 5 of, and paragraph 3 of Schedule 1 to, that Act.. Order-making functions under sections 1 and 3 were transferred to the National Assembly for Wales except where any such order would have effect both in Wales and England, see article 2 of, and the entry for the Transport and Works Act 1992 in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.

(2)

1964 c. 40. An order under the Harbours Act 1964 can authorise the compulsory acquisition of land, see sections 14 and 16 of that Act.

(3)

For “the appropriate Minister” see sections 14(7) and 15(3) of the Harbours Act 1964. Functions under that Act are exercisable by the Welsh Ministers so far as they relate to fishery harbours, see the entry for that Act in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999. That entry was amended by article 4 of, and paragraph 1 of Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.

(4)

Section 42A was inserted by section 315 of, and paragraphs 1 and 3(1) of Schedule 21 to, the Marine and Coastal Access Act 2009 (c. 23).

(5)

A special enactment may provide that the Act applies as if the enactment were a compulsory purchase order.