Article 27 Modification of Part 1 of the Compulsory Purchase Act 1965

(1)

Part 1 (compulsory acquisition 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) (extension of time limit during challenge), for “section 23 of the Acquisition of Land Act 1981 (grounds for application to the high court), the 3 year period mentioned in section 4” substitute “section 118 of the 2008 Act (legal challenges relating to applications for orders granting development consent), the 5 year period mentioned in article 21 (time limit for exercise of authority to acquire land compulsorily) of the Helios Renewable Energy Project Order 2025”.

(3)

In section 11A (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) (interests omitted from purchase), for “section 4 of this Act” substitute “article 21 (time limit for exercise of authority to acquire land compulsorily) of the Helios Renewable Energy Project 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 25(3) (acquisition of subsoil only) of the Helios Renewable Energy Project Order 2025, which excludes the acquisition of subsoil only from this Schedule.

(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 18 (protective work to buildings), article 29 (temporary use of land for carrying out the authorised development) or article 30 (temporary use of land for maintaining the authorised development) of the Helios Renewable Energy Project Order 2025.”.