Article 33 Application of the Compulsory Purchase (Vesting Declarations) Act 1981I1

England and Wales

(1)

The Compulsory Purchase (Vesting Declarations) Act 1981^f1 applies as if this Order were a compulsory purchase order.

(2)

The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), has effect with the following modifications.

(3)

Omit section 5 (earliest date for execution of declaration)^f2 and 5A (time limit for general vesting declaration)^f3.

(4)

In section 5B(1) (extension of time limit during challenge)^f4—

(a)

for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3)”; and

(b)

for “the three year period mentioned in section 5A” substitute “the five year period mentioned in article 43 (time limit for exercise of powers of acquisition) of the Boston Barrier Order 2017”.

(5)

In section 7 (constructive notice to treat), in subsection (1)(a)^f5, omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(6)

References to the 1965 Act are to be construed as references to that Act as applied to the acquisition of land under article 32 (application of Part 1 of the 1965 Act).

Annotations

Commencement

I1: Art. 33 in force at 2.1.2018, see art. 1

Footnotes

f1: 1981 c. 66.
f2: Section 5 was amended by Schedule 15 to the Housing and Planning Act 2016 (c. 22).
f3: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22).
f4: Section 5B(1) was inserted by section 202(2) of the Housing and Planning Act 2016 (c. 22).
f5: Section 7(1) was substituted by Schedule 18 of the Housing and Plananing Act 2016 (c. 22).