Regulation 4 Transitional provisions

(1)

The amendments made by regulation 2 (3) do not apply in relation to an acquisition where the date on which either—

(a)

notice of the making of the compulsory purchase order pursuant to section 11(1) of the Acquisition of Land Act 1981^f1, or

(b)

notice of the preparation in draft of the order pursuant to paragraph 2(1) of Schedule 1^f2 to the Acquisition of Land Act 1981,

is first published is before 30th April 2024.

(2)

The amendments made by regulation 3 do not apply to an acquisition where the first relevant notification date is before 31st January 2025.

(3)

In paragraph (2) “relevant notification date” means the date on which—

(a)

in the case of an acquisition authorised by a compulsory purchase order—

(i)

notice of the making of the order, or

(ii)

where the order was made by a Minister, notice of the preparation in draft of the order,

is first published or served,

(b)

in the case of an acquisition authorised by a special enactment, the special enactment was introduced to Parliament,

(c)

an offer in writing has been made by or on behalf of a relevant authority to negotiate for the purchase of an interest,

(d)

in the case of a notice served under any enactment requiring the purchase of an interest (other than as set out in sub-paragraphs (e) to (g) below), the relevant authority is deemed to have served a notice to treat in respect of that interest,

(e)

in the case of an acquisition authorised by an order made under the Transport and Works Act 1992^f3, notice of the application for such order was published under article 14 (publicity for application) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006^f4,

(f)

in the case of an acquisition authorised by an order made under the Planning Act 2008^f5, the applicant first gave notice of its application under section 56 (notifying persons of accepted application) of that Act, or

(g)

in the case of an acquisition authorised by an order made under the Harbours Act 1964^f6, notice of the application for such order was served under paragraph 11 of Schedule 3 (procedure for making harbour revision and empowerment orders) to that Act.

(4)

In paragraph (3)(b) “special enactment” means—

(a)

a local or private Act which authorises the compulsory purchase of land specifically identified in that Act, or

(b)

a provision which—

(i)

is contained in an Act other than a local or private Act, and

(ii)

authorises the compulsory purchase of land specifically identified in that Act.

Annotations

Footnotes

f1: 1981 c. 67. Section 11(1) was amended by section 181(3) of the Levelling-up and Regeneration Act 2023 (c. 55).
f2: Paragraph 2(1) of Schedule 1 was amended by paragraph 1(3) of Schedule 19 to the Levelling-up and Regeneration Act 2023 (c. 55).
f3: 1992 c. 42.
f4: S.I. 2006/1466.
f5: 2008 c. 29.
f6: 1964 c. 40.