Article 31 Modification of the 1965 Act

(1)

Part 1 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—

(a)

In section 4A(1) (Extension of time limit during challenge)^f1 for “section 23 of the Acquisition of Land Act 1981 (Application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (Legal challenges relating to applications for orders granting development consent)”

(2)

In section 11A (Powers of entry: further notice of entry)^f2—

(a)

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

(b)

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

(3)

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 29(3) (acquisition of subsoil only) of the Beacon Fen Energy Park Order 2026, 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 articles 22 (authority to survey and investigate the land), 32 (temporary use of land for carrying out the authorised development), or 34 (temporary use of land for maintaining or decommissioning the authorised development) of the Beacon Fen Energy Park Order 2026.”.

Annotations

Footnotes

f1: 1965 c. 56. Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).
f2: 1965 c. 56. Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).