Explanatory note

These Regulations set out the procedures that apply where an acquiring authority or Minister is seeking to make operative a compulsory purchase order (“CPO”) confirmed conditionally. A CPO can be confirmed conditionally under section 13BA(1) of, or made conditionally under paragraph 4AA (1) of Schedule 1 to, the Acquisition of Land Act 1981 (c. 67) (“the Act”). Where a CPO has been confirmed conditionally or made conditionally it does not become operative until the confirming authority or Minister has decided that the conditions imposed on the CPO have been met.

Part 2 sets out the procedure for CPOs confirmed conditionally under section 13BA (1) of the Act (“non-Ministerial orders”), where the acquiring authority is not a Minister.

Regulation 3 provides the required contents of applications for a decision that the conditions imposed on a non-Ministerial order have been met.

Regulation 4 provides the notification requirements that the confirming authority must comply with when it has accepted or rejected an application.

Regulation 5 provides for relevant objectors and the acquiring authority to make representations and sets the period of time in which they can do so.

Regulation 6 allows the confirming authority to request further information from the parties.

Regulation 7 sets out the factors the confirming authority must consider when deciding on the application and prevents the confirming authority from making the decision until the relevant periods in which representations can be made or further information can be provided have expired.

Regulation 8 provides who the confirming authority must notify about its decision and what the notification must contain.

Part 3 sets out the procedure for CPOs confirmed conditionally under paragraph 4AA (1) of Schedule 1 to the Act (“Ministerial orders”) where the acquiring authority is a Minister.

Regulation 9(1) sets out what must happen before the Minister makes their decision on whether the conditions imposed on a Ministerial order have been met. Regulation 9(2) sets out the factors the Minister must consider when making their decision.

Regulation 10 requires the Minister to comply with certain notification requirements prior to making their decision.

Regulation 11 provides for relevant objectors to make representations and sets the period of time in which they can do so.

Regulation 12 allows the appropriate authority to request further information from relevant objectors.

Regulation 13 sets out how the appropriate authority must conduct its consideration of whether the conditions have been met.

Regulation 14 provides who the Minister must notify about their decision and what the notification must contain.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.