Article 28 Modification of Part 1 of the 1965 ActI1

England and Wales

(1)

Part 1 (compulsory purchase under Acquisition of Land Act of 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) (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 2008 Act, the seven year period mentioned in article 22 (time limit for exercise of authority to acquire land compulsorily) of the Five Estuaries Offshore Wind Farm Order 2025”.

(3)

In section 11A (powers of entry: further notice of entry)—

(a)

in sub-section (1)(a), after “land” insert “under that provision”; and

(b)

in sub-section (2), after “land” insert “under that provision”.

(4)

In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 22 (time limit for exercise of authority to acquire land compulsorily) of the Five Estuaries Offshore Wind Farm Order 2025”.

(5)

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

(a)

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

“But see article 27(3) (acquisition of subsoil only) of the Five Estuaries Offshore Wind Farm Order 2025 which excludes the acquisition of subsoil only from this Schedule.”; and

(b)

at the end insert—

“Part 4

INTERPRETATION

30.

In this Schedule, references to entering on and taking possession of land do not include doing so under article 19 (authority to survey and investigate the land), article 20 (protective work to buildings), article 30 (temporary use of land for carrying out the authorised development) or article 31 (temporary use of land for maintaining the authorised development) of the Five Estuaries Offshore Wind Farm Order 2025.”.

Annotations

Commencement

I1: Art. 28 in force at 8.1.2026, see art. 1