Section 24 Powers of the court.

England and Wales

(1)

On an application under section 23 above the court may by interim order suspend the operation of the compulsory purchase order or any provision contained therein, or of the certificate, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings.

(2)

If on the application the court is satisfied that—

(a)

the authorisation granted by the compulsory purchase order is not empowered to be granted under this Act or any such enactment as is mentioned in section 1(1) of this Act, or

(b)

the interests of the applicant have been substantially prejudiced by any relevant requirement (as defined in section 23(3) above) not having been complied with,

the court may quash the compulsory purchase order or any provision contained therein, or the certificate, either generally or in so far as it affects any property of the applicant.

F1(3)

If the court has power under subsection (2) to quash a compulsory purchase order it may instead quash the decision to confirm the order either generally or in so far as it affects any property of the applicant.

Annotations

Textual amendments

F1: S. 24(3) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 201, 216(3); S.I. 2016/733, reg. 3(k) (with reg. 8)

Notes on Part IV

Modifications

C1: 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