Article 1 Citation, commencement and application

(1)

These Rules may be cited as the Compulsory Purchase (Inquiries Procedure) Rules 2007 and shall come into force on 29^th January 2008.

(2)

Subject to rule 22(3) these Rules apply where—

(a)

a confirming authority^f1 causes a public local inquiry to be held pursuant to subsection (3)(a) of section 13A of the Acquisition of Land Act 1981^f2 (compulsory purchase by local or other authority - remaining objections); or

(b)

an appropriate authority^f3 causes a public local inquiry to be held pursuant to sub-paragraph (3)(a) of paragraph 4A of Schedule 1 to that Act (compulsory purchase by Minister - remaining objections) ^f4.

Annotations

Footnotes

f1: For the definition of “confirming authority” see section 7(1) of the Acquisition of Land Act 1981 (c.67).
f2: 1981 c.67. Section 13A was substituted, with section 13, by section 100(1) and (6) of the Planning and Compulsory Purchase Act 2004 (c.5). A Minister is a confirming authority for the purposes of section 13A. Some, but not all, of the functions of the Secretary of State in authorising compulsory purchase of land in Wales were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and to the Welsh Ministers by paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32).
f3: The Minister is the “appropriate authority” for the purposes of paragraph 4A of Schedule 1 to the Acquisition of Land Act 1981 see paragraph 4(8) of Schedule 1 to the Acquisition of Land Act 1981 as inserted by section 101(4) of the Planning and Compulsory Purchase Act 2004. Powers exercisable under section 4A of the Acquisition of Land 1981 in so far as they are exercisable in relation to Wales are now vested in the Welsh Ministers. They were previously transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and to the Welsh Ministers by paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006.
f4: Paragraph 4A of Schedule 1 to the Act was inserted by section 101(1) and (4) of the Planning and Compulsory Purchase Act 2004 (c.5).