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Article 33 Application of the 1981 ActI1

England and Wales

(1)

The 1981 Act applies as if this Order were a compulsory purchase order.

(2)

The 1981 Act, as so applied by paragraph (1), has effect with the following modifications.

(3)

In section 1 (application of Act) for subsection (2) substitute—

“(2)

This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.”.

(4)

In section 5f1 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.

(5)

Omit section 5Af2 (time limit for general vesting declaration).

(6)

In section 5B(1)f3 (extension of time limit during challenge)—

(a)

F1for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order) substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008”; and

(b)

for “the applicable period for the purposes of section 5A” substitute “the period of seven years as set out in article 30 (time limit for exercise of authority to acquire land compulsorily) of the Gatwick Airport (Northern Runway Project) Development Consent Order 2025 ”.

(7)

In section 6f4 (notices after execution of declaration) for subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134f5 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

(8)

In section 7f6 (constructive notice to treat) in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9)

In Schedule A1f7 (counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2).

(10)

References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act and as modified by article 32 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of land under this Order.

Annotations

Textual amendments

F1

Words in art. 33(6)(a) substituted (21.1.2026) by The Gatwick Airport (Northern Runway Project) Development Consent (Correction) Order 2026 (S.I. 2026/43), art. 1, Sch. (which affecting local non-print S.I. is replaced by printed local S.I. 2026/1055)

Commencement

I1

Art. 33 in force at 12.10.2025, see art. 1

Footnotes

f1

Section 5 was amended by paragraph 6 of Schedule 15 to the Housing and Planning Act 2016.

f2

Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016 and amended by section 185(3)(a) by the Levelling-up and Regeneration Act 2023 (c. 55).

f3

Section 5B(1) was inserted by section 202(2) of the Housing and Planning Act 2016 and amended by section 185(3)(b) of the Levelling-up and Regeneration Act 2023.

f4

Section 6 was amended by paragraph 7 of Schedule 15 to the Housing and Planning Act 2016 and section 4 of, and paragraph 52(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11).

f5

Section 134 was amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 and S.I. 2017/16.

f6

Section 7(1) was substituted by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016 and amended by section 186(2) of the Levelling-up and Regeneration Act 2023.

f7

Schedule A1 was inserted by paragraph 6 of Part 1 of Schedule 18 to the Housing and Planning Act 2016.