Article 24 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) M1 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 of the 2008 Act (legal challenges relating to applications for orders granting development consent), the seven year period mentioned in article 19 (time limit for exercise of authority to acquire land compulsorily) of the Hornsea Three Offshore Wind Farm Order 2020 ”.

(3)

In section 11A (powers of entry: further notice of entry) M2—

(a)

in subsection (1)(a), after “land” insert “ under that provision ”;

(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 19 (time limit for exercise of authority to acquire land compulsorily) of the Hornsea Three Offshore Wind Farm Order 2020 ”.

(5)

In Schedule 2A (counter-notice requiring purchase of land not in notice to treat) M3—

(a)

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

“(2)
But see article 23(3) (acquisition of subsoil only) of the Hornsea Three Offshore Wind Farm Order 2020, 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 16 (protective work to buildings), article 26 (temporary use of land for carrying out the authorised F1project) or article 27 (temporary use of land for maintaining the authorised project) of the Hornsea Three F2Offshore Wind Farm Order 2020.”

Annotations

Textual amendments

F1: Word in art. 24(5)(b) substituted (21.5.2021) by The Hornsea Three Offshore Wind Farm (Correction) Order 2021 (S.I. 2021/599), art. 1(2), Sch.
F2: Word in art. 24(5)(b) inserted (21.5.2021) by The Hornsea Three Offshore Wind Farm (Correction) Order 2021 (S.I. 2021/599), art. 1(2), Sch.

Marginal citations

M1: Inserted by section 202(1) of the Housing and Planning Act 2016 (c.22).
M2: Inserted by section 186(3) of the Housing and Planning Act 2016 (c.22).
M3: Inserted by schedule 17(1) paragraph 3 to the Housing and Planning Act 2016 (c.22).

Commencement

I1: Art. 24 in force at 22.1.2021, see art. 1

Notes on the whole SI

Textual amendments

F1: Preamble: bracket omitted (21.5.2021) by virtue of The Hornsea Three Offshore Wind Farm (Correction) Order 2021 (S.I. 2021/599), art. 1(2), Sch.