OpenLegislation

Section 72 Notice of authorisation of compulsory acquisitionI1I2

England and Wales

(1)

Regulations must make provision imposing requirements on a prospective purchaser—

(a)

to give, publish or display a compulsory acquisition notice;

(b)

to provide the public with access to a copy of the infrastructure consent order to which the notice relates.

(2)

A compulsory acquisition notice is a notice in the form specified in regulations—

(a)

describing the order land,

(b)

in a case where the infrastructure consent order authorises the compulsory acquisition of a right over land by the creation of a new right, describing the right,

(c)

stating that the infrastructure consent 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,

(d)

in a case where the order applies Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)—

(i)

containing a statement specified in regulations about the effect of those Parts, and

(ii)

inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the prospective purchaser information about the person’s name, address and interest in land, using a form specified in regulations,

(e)

stating where and when a copy of the order is available for inspection in accordance with regulations under subsection (1)(b), and

(f)

stating that a person aggrieved by the order may challenge the order only in accordance with section 96.

(3)

In this section—

  • “the order land” (“tir y gorchymyn”) means—

    1. (a)

      in a case where the infrastructure consent 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 or (in the case of a restrictive covenant) to which it applies;

    2. (b)

      in any other case where the infrastructure consent order authorises the compulsory acquisition of land, the land authorised to be compulsorily acquired;

  • “the prospective purchaser” (“y darpar brynwr”) means—

    1. (a)

      in a case where the infrastructure consent 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;

    2. (b)

      in any other case where the infrastructure consent order authorises the compulsory acquisition of land, the person authorised by the order to compulsorily acquire the land.

(4)

The prospective purchaser must send a compulsory acquisition notice to the Chief Land Registrar and it is to be a local land charge in respect of the land to which it relates.

Annotations

Commencement

I1

S. 72 in force at 4.6.2024 for specified purposes, see s. 147(1)(b)

I2

S. 72 in force at 15.12.2025 in so far as not already in force by S.I. 2025/698, art. 3(d)