OpenLegislation

Article 18 Time limit for exercise of authority to acquire land compulsorilyI1

England, Wales and Scotland

(1)

After the end of the period of five years beginning on the start date—

(a)

no notice to treat is to be served under Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act; and

(b)

no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 21 (application of the 1981 Act).

(2)

The authority conferred by article 26 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

(3)

In this article “start date” means the later of—

(a)

the day after the period for legal challenge in section 118 of the 2008 Act expires; or

(b)

the final determination of any legal challenge under that section,

whichever is later.

Annotations

Commencement

I1

Art. 18 in force at 17.2.2025, see art. 1