OpenLegislation

Article 30 Modification of Part 1 of the 1965 ActI1

England, Wales and Scotland

(1)

Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125f1 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2)

In section 4A(1)f2 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order)”, the three year period mentioned in section 4 substitute “section 118f3 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 23 (time limit for exercise of powers to acquire land compulsorily or to possess land temporarily) of the Associated British Ports (Immingham Green Energy Terminal) Development Consent Order 2025”.

(3)

In section 11Af4 (powers of entry: further notice of entry)—

(a)

in subsection (1)(a), after “land” insert “under that provision”; and

(b)

in subsection (2), after “land” insert “under that provision”.

(4)

In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 23 (time limit for exercise of powers to acquire land compulsorily or to possess land temporarily) of the Associated British Ports (Immingham Green Energy Terminal) Development Consent Order 2025”.

(5)

In Schedule 2Af5 (counter-notice requiring purchase of land not in notice to treat)—

(a)

for paragraphs 1(2) and 14(2) substitute—

“(2)

But see article 25 (acquisition of subsoil or airspace only) of the Associated British Ports (Immingham Green Energy Terminal) Development Consent Order 2025, which excludes the acquisition of subsoil 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 20 (protective works), F1article 31 (temporary use of land for constructing the authorised project) or article 32 (temporary use of land for maintaining the authorised project) of the Associated British Ports (Immingham Green Energy) Order 2025.”.

Annotations

Textual amendments

F1

Words in art. 30(5)(b) 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. 30 in force at 27.2.2025, see art. 1

Footnotes

f1

Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016.

f2

Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016.

f3

Section 118 was amended by paragraphs 1, 58 and 59 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20) and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).

f4

Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

f5

Schedule 2A was inserted by section 199(1) of, and paragraphs 1 and 3 of Schedule 17 to, the Housing and Planning Act 2016.