# The A46 Newark Bypass Development Consent Order 2025, Article 35: Modification of Part 1 of the 1965 Act

Extent: E+W

(1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.
(2) In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (grounds for application to High Court), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008), the five year period mentioned in article 28 (time limit for exercise of authority to acquire land compulsorily) of the A46 Newark Bypass Development Consent Order 2025”.
(3) In section 11A (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”.
(4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 28 (time limit for exercise of authority to acquire land compulsorily) of the A46 Newark Bypass Development Consent Order 2025”.
(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—
(a) for paragraphs 1(2) and 14(2) substitute—
“(2) But see article 37 (acquisition of subsoil or airspace only) on the A46 Newark Bypass Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule;” and
(b) after paragraph 29, insert—
“PART 4
INTERPRETATION
30. In this Schedule, references to entering on and taking possession of land do not include doing so under article 24 (protective work to buildings), article 39 (temporary use of land for carrying out the authorised development) or article 40 (temporary use of land for maintaining the authorised development) of the A46 Newark Bypass Development Consent Order 2025.”.

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Source: https://www.legislation.gov.uk/uksi/2025/1090/article/35 (the official version)
Page: https://openlegislation.uk/a46-newark-bypass-development-consent-order-2025/article-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.