Article 25 Modification of Part 1 of the Compulsory Purchase Act 1965I1
England and Wales
Part 1 of the 1965 Act (compulsory acquisition under Acquisition of Land Act 1946), as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.
In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the 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 five year period mentioned in article 19 (time limit for exercise of authority to acquire land compulsorily) of the Gate Burton Energy Park Order 2024”.
In section 11A (powers of entry: further notice of entry)—
in subsection (1)(a), after “land” insert “under that provision”; and
in subsection (2), after “land” insert “under that provision”.
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 19 (time limit for exercise of authority to acquire land compulsorily) of the Gate Burton Energy Park Order 2024”.
In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—
for paragraphs 1(2) and 14(2) substitute—
“(2)But see article 23(3) (acquisition of subsoil only) of the Gate Burton Energy Park Order 2024, which excludes the acquisition of subsoil only from this Schedule”; and
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 16 (protective works to buildings), article F127 (temporary use of land for constructing the authorised development) or article 28 (temporary use of land for maintaining the authorised development) of the Gate Burton Energy Park Order 2024.”.
Annotations
Textual amendments
- F1
Word in art. 25(5)(b) substituted (28.11.2024) by The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch.
Commencement
- I1
Art. 25 in force at 3.8.2024, see art. 1
Notes on the whole SI
Textual amendments
- F1
Words in Preamble omitted (28.11.2024) by virtue of The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch.