Article 35 Modification of Part 1 of the 1965 ActI1

England and Wales

(1)

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2)

In section 4A(1)^f1 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the seven year period mentioned in article 29 (time limit for exercise of authority to acquire land compulsorily) of the Cory Decarbonisation Project Order 2025”.

(3)

In section 11A^f2 (powers of entry: further notices of entry)—

(a)

in subsection (1)(a) after “land” insert “under that provision”; and

(b)

in subsection (2) after “land” insert “under that provision”.

(4)

In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 29 (time limit for exercise of authority to acquire land compulsorily) of the Cory Decarbonisation Project Order 2025”.

(5)

In Schedule 2A^f3 (counter-notice requiring purchase of land not in notice to treat)—

(a)

for paragraphs 1(2) and 14(2) substitute—

“(2)

But see article 31(3) (acquisition of subsoil or airspace only) of the Cory Decarbonisation Project Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule.”; and

(b)

after paragraph 29 insert—

“PART 4

INTERPRETATION

30.

In this Schedule, references to entering on and taking possession of land do not include doing so under article 23 (protective works to buildings) or article 37 (temporary use of land for carrying out the authorised development) or article 38 (temporary use of land for maintaining the authorised development) of the Cory Decarbonisation Project Order 2025.”

Annotations

Commencement

I1: Art. 35 in force at 27.11.2025, see art. 1

Footnotes

f1: Inserted by section 202(1) of the Housing and Planning Act 2016.
f2: Inserted by section 186(3) of the Housing and Planning Act 2016.
f3: Inserted by schedule 17(1) paragraph 3 of the Housing and Planning Act 2016.