OpenLegislation

Section 13BA Conditional confirmationF1F2

(1)

The confirming authority may confirm a compulsory purchase order conditionally.

(2)

The effect of conditional confirmation is that the order—

(a)

does not become operative until the confirming authority has decided, on an application by the acquiring authority, that certain conditions have been met, and

(b)

expires if the confirming authority—

(i)

has not received an application for the purposes of subsection (2)(a) by a certain time, or

(ii)

having received such an application by that time, decides that the conditions have not been met.

(3)

The conditions and the time are to be specified by the confirming authority when it confirms the order.

(4)

The procedure to be followed in relation to an application under this section is to be prescribed.

(5)

The regulations prescribing the procedure must include provision for each relevant objector—

(a)

to be given notice of the application (or for steps to be taken with a view to notifying them), and

(b)

to have the opportunity to make written representations in response to the application.

(6)

In subsection (5), “relevant objector” means a person who made an objection to the order that—

(a)

was a remaining objection for the purposes of section 13A, and

(b)

had not been withdrawn by the time the order was confirmed.

(7)

The regulations may include provision as to the giving of reasons for the decision on the application.

(8)

Subsections (2) to (6) of section 13B apply to proceedings on an application under this section as they apply to the representations procedure.

Annotations

Textual amendments

F1

Ss. 13-13C substituted for s. 13 (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 100(6) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)

F2

S. 13BA inserted (31.3.2024 for specified purposes, 18.2.2026 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 183(2), 255(7) (with s. 247); S.I. 2024/389, reg. 2(j); S.I. 2025/1370, reg. 2(1)(a)(2)

Notes on Part II

Modifications

C1

Pts. 2, 3 applied (with modifications) (28.1.2005) by The East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), arts. 1, 11

C2

Pt. 2 applied by 1975 c. 70, Sch. 4 para. 1(2)(b) (as substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 1 para. 33(1) (with art. 3(1)))

C3

Pt. 2 restricted (1.3.2007) by National Health Service Act 2006 (c. 41), s. 277(1), Sch. 3 para. 22(3)

C4

Pt. 2 restricted (coming into force in accordance with s. 208(4) of the amending Act) by National Health Service (Wales) Act 2006 (c. 42), s. 208(1), Sch. 2 para. 20(3) (with s. 19(3))

C5

Pt. 2 incorporated (with modifications) (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 24 (with arts. 51, 57)

C6

Pts. 2, 3 incorporated (with modifications) (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 22 (with art. 32, Sch. 9 para. 36)

C7

Parts II-IV applied (31.10.1994) by Opencast Coal Act 1958 c. 69, s. 16(4A) as substituted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 14(5)(with s. 40(7)); S.I. 1994/2553, art. 2

Pt. II (ss. 10-15) restricted (E.) (4.1.2000) and (W.) (prosp.) by 1977 c. 49, Sch. 5A para. 19(3) (as inserted (E.) (4.1.2000) and (W.) (prosp.) by 1999 c. 8, ss. 2(2), 67(1), Sch. 1; S.I. 1999/2342, art. 2(3)(a), Sch. 2)