OpenLegislation

Article 23 Time limit for exercise of powers to acquire land compulsorily or to possess land temporarilyI1

England, Wales and Scotland

(1)

After the end of the period of five years beginning with the day on which this Order comes into force—

(a)

no notice to treat may be served under Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act as modified by article 30 (modification of Part 1 of the 1965 Act); and

(b)

no declaration may be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 29 (application of the 1981 Act),

in relation to any part of the Order land shown shaded pink, blue or shown shaded and hatched blue on the land plans and described in the book of reference.

(2)

The authority conferred by F1article 31 (temporary use of land for constructing the authorised project) ceases after the end of the period of five years beginning with the day on which this Order comes into force except that—

(a)

in relation to plots 7/1, 7/2, 7/3, 7/4, 7/5, 7/6, 7/7, 7/8, 7/9, 7/10 and 7/11 shown on sheet 7 of the land plans such authority ceases at the end of the period of ten years beginning with the day on which this Order comes into force; and

(b)

nothing in this paragraph prevents the undertaker remaining in possession of land after the end of such applicable period if the land was entered and possession was taken before the end of that period.

Annotations

Textual amendments

F1

Words in art. 23(2) substituted (2.7.2025) by The Associated British Ports (Immingham Green Energy Terminal) (Corrections) Order 2025 (S.I. 2025/781), art. 1, Sch. Table

Commencement

I1

Art. 23 in force at 27.2.2025, see art. 1