OpenLegislation

Regulation 44 Compulsory purchase orders and other instruments

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Any order authorising the compulsory acquisition of land (hereinafter referred to as a “compulsory purchase order”), whether confirmed before the coming into operation of the order for the purposes mentioned in regulation 4(1) or submitted for confirmation before or after such coming into operation, may be amended by the Minister by whom it was confirmed, or by whom it falls to be confirmed, by the substitution, as the authority to be authorised to acquire the land comprised therein, or any part thereof, of such authority as seems to him to be appropriate, and thereafter the order shall have effect, or be considered and if confirmed have effect, accordingly.

(2)

Any compulsory purchase order which has not been submitted to a Minister for confirmation before the appointed day may be so submitted by any authority, and any action which requires to be taken prior to the sub-mission of the order which has not already been taken shall be taken by such authority.

(3)

Any instrument other than a compulsory purchase order which has been submitted to a Minister for confirmation before the appointed day may be amended by such Minister by the substitution of references to the whole or parts of one or more specified areas or of references to one or more specified authorities, and thereafter the instrument may be considered and if confirmed have effect accordingly.

(4)

Any instrument which has not been submitted to a Minister for confirmation before the appointed day may be so submitted by a specified authority, and—

(a)

any action which requires to be taken prior to the submission of the instrument which has not already been taken shall be taken by such authority; and

(b)

paragraph (3) shall apply to such instrument as it applies to the instruments therein described.

(5)

In paragraphs (3) and (4)—

  • “instrument” includes a draft scheme under section 30 of the Land Drainage Act 1961;

  • “specified area” means a county, district, London borough, water authority area or passenger transport area or Greater London, the City, the Inner Temple or the Middle Temple; and

  • “specified authority” means a county council, district council, London borough council, water authority or passenger transport executive, or the Greater London Council, the Common Council, the Sub-Treasurer or the Under Treasurer.