Article 28 Time limit for exercise of authority to acquire land compulsorilyI1
England, Wales and Scotland
After the end of the period of 5 years beginning on the start date—
no notice to treat is to be served under Part 1 of the 1965 Act as modified by this Order; and
no declaration is to be executed under section 4 (execution of declaration) of the 1981 Actf1 as applied by article 35 (application of the 1981 Act).
The authority conferred by article 38 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.
In this article “start date” means—
where no challenge to this Order has been made under section 118 of the 2008 Act, the day after the period for legal challenge in respect of this Order under section 118 of the 2008 Act expires; or
where a legal challenge to this Order has been made under that section, the earlier of—
the day after the final determination of any legal challenge under that section; or
the day after the one-year anniversary of the date of the expiry of the period for legal challenge under section 118 of the 2008 Act, whether or not such proceedings have been finally determined by that date.
Annotations
Commencement
- I1
Art. 28 in force at 25.2.2026, see art. 1
Footnotes
- f1
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Section 4 was amended by section 184 and 185 of, and paragraph 2 of Part 1 of Schedule 18 to, the Housing and Planning Act 2016.