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The Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004

S.I. 2004/2595 · Made 4 October 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ACQUISITION OF LAND, ENGLAND AND WALES

Made 4th October 2004

Coming into force 31st October 2004

The First Secretary of State, in exercise of the powers conferred upon him by sections 7(2), 10(2), 11(1) and (3), 12(1), 15(5) and 22 of, and paragraphs 2(1) and (3), 3(1) and 6(5) of Schedule 1 and paragraph 9 of Schedule 3 to, the Acquisition of Land Act 1981f1, and all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1981 c. 67; sections 11(3) and 15(5) and paragraphs 2(3) and 6(5) of Schedule 1 were inserted by the Planning and Compulsory Purchase Act 2004 (c. 5). 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 the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

Contents

  1. 1Citation, commencement and application
  2. 2Interpretation
  3. 3Prescribed forms in connection with compulsory purchase orders
  4. 4Additional provisions with respect to listed buildings
  5. 5Revocation and transitional provision
  6. Signature
  7. Schedule CONTENTS
  8. FORM 1FORM OF COMPULSORY PURCHASE ORDER
  9. FORM 2FORM OF COMPULSORY PURCHASE ORDER PROVIDING FOR THE VESTING OF EXCHANGE LAND
  10. FORM 3FORM OF COMPULSORY PURCHASE ORDER PROVIDING FOR THE DISCHARGE OF RIGHTS, TRUSTS AND INCIDENTS
  11. FORM 4FORM OF CLEARANCE COMPULSORY PURCHASE ORDER
  12. FORM 5FORM OF CLEARANCE COMPULSORY PURCHASE ORDER PROVIDING FOR THE VESTING OF EXCHANGE LAND
  13. FORM 6FORM OF CLEARANCE COMPULSORY PURCHASE ORDER PROVIDING FOR THE DISCHARGE OF RIGHTS, TRUSTS AND INCIDENTS
  14. FORM 7FORM OF NOTICE CONCERNING A COMPULSORY PURCHASE ORDER FOR NEWSPAPER PUBLICATION AND AFFIXING ON OR NEAR THE LAND COMPRISED IN THE ORDER
  15. FORM 8FORM OF NOTICE TO A QUALIFYING PERSON IN RESPECT OF LAND (OR OF LAND TO BE SUBJECT TO NEW RIGHTS) COMPRISED IN A COMPULSORY PURCHASE ORDER
  16. FORM 9FORM OF NOTICE TO A QUALIFYING PERSON IN RESPECT OF LAND (OR OF LAND TO BE SUBJECT TO NEW RIGHTS) COMPRISED IN A COMPULSORY PURCHASE ORDER MADE ON BEHALF OF A COUNCIL(a)
  17. FORM 10FORM OF NOTICE OF MAKING OR CONFIRMATION (OTHER THAN BY AN ACQUIRING AUTHORITY) OF A COMPULSORY PURCHASE ORDER
  18. FORM 11FORM OF NOTICE OF CONFIRMATION BY AN ACQUIRING AUTHORITY OF A COMPULSORY PURCHASE ORDER
  19. FORM 12FORM OF NEWSPAPER NOTICE OF THE GIVING OF A CERTIFICATE UNDER SECTION 16 OR 19 OF, OR PARAGRAPH 3 OR 6 OF SCHEDULE 3 TO, THE ACQUISITION OF LAND ACT 1981
  20. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004 and shall come into force on 31st October 2004.

(2)

Subject to regulation 5, these Regulations apply to a compulsory purchase order—

(a)

subject to confirmation under Part 2 of the Acquisition of Land Act 1981 by a confirming authority other than the National Assembly for Wales; or

(b)

prepared in draft under paragraph 1 of Schedule 1 to that Act by an acquiring authority other than the National Assembly for Wales.

2Interpretation

(1)

In these Regulations—

  • “the Act” means the Acquisition of Land Act 1981;

  • “clearance compulsory purchase order” means a compulsory purchase order made pursuant to section 290 of the Housing Act 1985f1; and

  • “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990f2.

(2)

Any reference in these Regulations—

(a)

to a numbered section is to that section of the Act and to a numbered Schedule is to that Schedule to the Act; and

(b)

to a numbered form is to the form bearing that number in the Schedule, or to a form adapted from that numbered form as required to meet the circumstances of a particular case, or to a form substantially to the same effect as that form, whether adapted or not.

3Prescribed forms in connection with compulsory purchase orders

Subject to regulation 4, the prescribed forms in relation to the provisions of the Act mentioned below are as follows—

(a)

for the purposes of section 10(2), the form of a compulsory purchase order (other than a clearance compulsory purchase order) shall be—

(i)

Form 1; or

(ii)

if the order provides for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3 (commons, open spaces etc.), Form 2; or

(iii)

if the order does not provide for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section or paragraph, Form 3;

(b)

for the purposes of section 10(2), the form of a clearance compulsory purchase order shall be—

(i)

Form 4; or

(ii)

if the order provides for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3 (commons, open spaces etc.), Form 5; or

(iii)

if the order does not provide for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section or paragraph, Form 6;

(c)

for the purposes of—

(i)

section 11(1) and paragraph 2(1) of Schedule 1, the form of a newspaper notice; and

(ii)

section 11(3) and paragraph 2(3) of Schedule 1, the form of a notice to be affixed on or near the land comprised in the order,

shall be Form 7;

(d)

for the purposes of section 12(1) and paragraph 3(1) of Schedule 1, the form of a notice to a qualifying personf1 shall be Form 8, or if the order is made under sections 121 or 125 of the Local Government Act 1972f2 on behalf of a principal councilf3 or parish council, or pursuant to an agreement under section 8 of the Highways Act 1980f4 on behalf of a highway authorityf5, Form 9;

(e)

for the purposes of section 15(5) and paragraph 6(5) of Schedule 1, the form of a confirmation noticef6 or making noticef7 shall be Form 10, except that where confirmation is by the acquiring authority pursuant to section 14A, it shall be Form 11;

(f)

for the purposes of section 22 and paragraph 9 of Schedule 3, the form of a newspaper notice stating that a certificate has been given under section 16 or 19 of, or paragraph 3 or 6 of Schedule 3 to, the Act shall be Form 12.

4Additional provisions with respect to listed buildings

Where a compulsory purchase order is made under section 47 of the Listed Buildings Act (compulsory acquisition of listed buildings in need of repair), there shall be included—

(a)

in Form 1, where appropriate, the additional paragraph numbered 4 set out after the notes to that Form;

(b)

in Form 8, after the end of paragraph 2, the additional paragraphs set out after the notes to that Form, as follows—

(i)

the additional paragraph numbered 3 shall be included in every case;

(ii)

the additional paragraph numbered 4 shall be included in any case where the notice is required by section 50(3) of the Listed Buildings Act (minimum compensation in the case of a building deliberately left derelict) to include a statement that the authority or Minister has included a direction for minimum compensation;

(iii)

the additional paragraph numbered 5 shall be included in every case;

and the remaining paragraphs shall be re-numbered accordingly.

5Revocation and transitional provision

(1)

Subject to paragraph (2), the Compulsory Purchase of Land Regulations 1994f1 (“the 1994 Regulations”) are revoked.

(2)

Where before the coming into force of these Regulations—

(a)

notice of the making of a compulsory purchase order pursuant to section 11(1) has been published; or

(b)

notice of the preparation in draft of the compulsory purchase order pursuant to paragraph 2(1) of Schedule 1 has been published,

the 1994 Regulations shall continue to apply in relation to that order as if these Regulations had not been made.

Signature

Signed by authority of the First Secretary of State

Keith Hill

Minister of State

Office of the Deputy Prime Minister

4th October 2004

CONTENTS

Form 1Compulsory purchase order (other than a clearance compulsory purchase order).
Form 2Compulsory purchase order (other than a clearance compulsory purchase order) providing for the vesting of exchange land.
Form 3Compulsory purchase order (other than a clearance compulsory purchase order) not providing for the vesting of exchange land but providing for the discharge of rights, trusts and incidents.
Form 4Clearance compulsory purchase order.
Form 5Clearance compulsory purchase order providing for the vesting of exchange land.
Form 6Clearance compulsory purchase order not providing for the vesting of exchange land but providing for the discharge of rights, trusts and incidents.
Form 7Notice concerning a compulsory purchase order for newspaper publication and display on or near the land subject to the order.
Form 8Notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order.
Form 9Notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order made on behalf of a council.
Form 10Notice of making or confirmation (other than by the acquiring authority) of a compulsory purchase order.
Form 11Notice of confirmation by an acquiring authority of a compulsory purchase order
Form 12Newspaper notice of the giving of a certificate under section 16 or 19 of, or paragraph 3 or 6 of Schedule 3 to, the Acquisition of Land Act 1981.

FORM 1FORM OF COMPULSORY PURCHASE ORDER

FORM 2FORM OF COMPULSORY PURCHASE ORDER PROVIDING FOR THE VESTING OF EXCHANGE LAND

FORM 3FORM OF COMPULSORY PURCHASE ORDER PROVIDING FOR THE DISCHARGE OF RIGHTS, TRUSTS AND INCIDENTS

FORM 4FORM OF CLEARANCE COMPULSORY PURCHASE ORDER

FORM 5FORM OF CLEARANCE COMPULSORY PURCHASE ORDER PROVIDING FOR THE VESTING OF EXCHANGE LAND

FORM 6FORM OF CLEARANCE COMPULSORY PURCHASE ORDER PROVIDING FOR THE DISCHARGE OF RIGHTS, TRUSTS AND INCIDENTS

FORM 7FORM OF NOTICE CONCERNING A COMPULSORY PURCHASE ORDER FOR NEWSPAPER PUBLICATION AND AFFIXING ON OR NEAR THE LAND COMPRISED IN THE ORDER

FORM 8FORM OF NOTICE TO A QUALIFYING PERSON IN RESPECT OF LAND (OR OF LAND TO BE SUBJECT TO NEW RIGHTS) COMPRISED IN A COMPULSORY PURCHASE ORDER

FORM 9FORM OF NOTICE TO A QUALIFYING PERSON IN RESPECT OF LAND (OR OF LAND TO BE SUBJECT TO NEW RIGHTS) COMPRISED IN A COMPULSORY PURCHASE ORDER MADE ON BEHALF OF A COUNCIL(a)

FORM 10FORM OF NOTICE OF MAKING OR CONFIRMATION (OTHER THAN BY AN ACQUIRING AUTHORITY) OF A COMPULSORY PURCHASE ORDER

FORM 11FORM OF NOTICE OF CONFIRMATION BY AN ACQUIRING AUTHORITY OF A COMPULSORY PURCHASE ORDER

FORM 12FORM OF NEWSPAPER NOTICE OF THE GIVING OF A CERTIFICATE UNDER SECTION 16 OR 19 OF, OR PARAGRAPH 3 OR 6 OF SCHEDULE 3 TO, THE ACQUISITION OF LAND ACT 1981

Explanatory note

(This note is not part of the Regulations)

These Regulations re-enact with amendments the Compulsory Purchase of Land Regulations 1994. They prescribe forms for use in connection with the compulsory purchase of land and new rights over land in England and Wales which are subject to the procedures contained in the Acquisition of Land Act 1981 except when the acquiring or confirming authority is the National Assembly for Wales. The amendments take account of the legislative changes in the Planning and Compulsory Purchase Act 2004 as well as minor changes in drafting.

The main features of those amendments are—

(a)

prescribed forms for compulsory purchase orders incorporating in the Schedules an extended category of person referred as a “qualifying person” who is to be served with notice of the making of a compulsory purchase order (section 12(1) of the 1981 Act) (Forms 1 to 6);

(b)

a prescribed form for a notice of the making or preparation in draft of a compulsory purchase order to be affixed to a conspicuous object or objects on or near the land comprised in the order (section 11(3) of and paragraph 2(3) of Schedule 1 to the 1981 Act) (Form 7). This is the same prescribed form as for the newspaper notice advertising the order;

(c)

a prescribed form for a notice of the confirmation or making by a Minister of a compulsory purchase order to be affixed to a conspicuous object or objects on or near the land comprised in the order (section 15(1)(b) of and paragraph 6(1)(b) of Schedule 1 to the 1981 Act) (Form 10). This is the same prescribed form as for the newspaper notice advertising the confirmation or making; and

(d)

a prescribed form for a notice of confirmation when the acquiring authority confirms an unopposed compulsory purchase order following notification by the Minister who is the confirming authority in accordance with section 14A of the 1981 Act (Form 11).

A Regulatory Impact Assessment has been prepared in relation to these Regulations. It has been placed in the Library of each House of Parliament and copies may be obtained from the Compulsory Purchase and Compensation Branch, Planning Directorate, Office of the Deputy Prime Minister, Eland House, Bressenden Place, London SW1E 5DU (telephone 0207 944 3928) or email [email protected]