Regulation 51 Notice of authorisation of compulsory acquisition
England, Wales and Scotland
This regulation applies if an order under paragraph 3(1) of Schedule 6 to the Act (“the order”) includes provision authorising the compulsory acquisition of land.
In this regulation—
“the order land” means—
- (a)
in a case where the order authorises the compulsory acquisition of a right over land by the creation of a new right, the land over which the right is to be exercisable;
- (b)
in any other case where the order authorises the compulsory acquisition of land, the land authorised to be compulsorily acquired;
- (a)
“the prospective purchaser” means—
- (c)
in a case where the order authorises the compulsory acquisition of a right over land by the creation of a new right, the person for whose benefit the order authorises the creation of the right;
- (d)
in any other case where the order authorises the compulsory acquisition of land, the person authorised by the order to compulsorily acquire the land.
- (c)
After the order has been made, the prospective purchaser must—
affix a compulsory acquisition notice to a conspicuous object or objects on or near the order land F3, and
make a copy of the order available, at a place in the vicinity of the land, for inspection by the public at all reasonable hours.
This paragraph applies to any person who, if the order were a compulsory purchase order, would be a qualifying person for the purposes of section 12(1) of the Acquisition of Land Act 1981 M1 (notice to owners, lessees and occupiers).
A compulsory acquisition notice which is affixed under paragraph (3)(b) must—
be addressed to persons occupying or having an interest in the order land, and
so far as practicable, be kept in place by the prospective purchaser until the end of the period of 6 weeks beginning with the date on which the order is published.
The prospective purchaser must also publish a compulsory acquisition notice in one or more local newspapers circulating in the locality in which the order land is situated.
A compulsory acquisition notice is a notice, which contains the following information—
a description of the order land;
in a case where the order includes provision authorising the compulsory acquisition of a right over land by the creation of a new right, a description of the right;
a statement that the order includes provision authorising the compulsory acquisition of a right over the land by the creation of a right over it or (as the case may be) the compulsory acquisition of the land;
stating where and when a copy of the order is available for inspection in accordance with paragraph (3)(c); and
a statement that a person aggrieved by the order may challenge the order only in accordance with section 118 of the Act.
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Annotations
Textual amendments
- F1
Words in reg. 51(3)(a) omitted (1.4.2012) by virtue of The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(18)(b)
- F2
Word in reg. 51(3)(a) omitted (1.4.2012) by virtue of The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(18)(a)(i)
- F3
Word in reg. 51(3)(b) substituted for full stop (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(18)(a)(ii)
- F4
Reg. 51(3)(c) inserted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(18)(a)(iii)
- F5
Reg. 51(7)(ca) inserted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(18)(c)
- F6
Reg. 51(8) omitted (1.4.2012) by virtue of The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(18)(d)
Marginal citations
- M1