Article 29 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^f1 (application of compulsory acquisition provisions) of the 2008 Act is modified as follows.

(2)

in section 4A(1)^f2 (extension of time limit during challenge)—

(a)

for “section 23 (application to the High Court in respect of compulsory purchase order) of the Acquisition of Land Act 1981” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008”; and

(b)

for “the applicable period” for the purposes of section 4 (time limit for giving notice to treat) substitute “the ten year period mentioned in article 26 (time limit for exercise of authority to acquire land compulsorily) of the London Luton Airport Expansion Development Consent Order 2025”.

(3)

In section 11A^f3 (powers of entry: further notices of entry)—

(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 26 (time limit for exercise of authority to acquire land compulsorily) of the London Luton Airport Expansion Development Consent Order 2025”.

(5)

In Schedule 2A^f4 (counter-notice requiring purchase of land not in notice to treat)—

(a)

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

“(2)

But see article 31(3) (acquisition of subsoil or airspace only) of the London Luton Airport Expansion Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule.”; and

(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 20 (protective work to buildings), article 21 (authority to survey and investigate the land), article 33 (temporary use of land for carrying out the authorised development) or 34 (temporary use of land for maintaining the authorised development) of the London Luton Airport Expansion Development Consent Order 2025.”.

Annotations

Commencement

I1: Art. 29 in force at 24.4.2025, see art. 1

Footnotes

f1: Section 125 was amended by paragraph 17 of Schedule 16 to the Housing and Planning Act 2016.
f2: Section 4A was inserted by section 202(1) of the Housing and Planning Act 2016;.and section 4A(1) was amended by section 185(2)(b) of the Levelling-up and Regeneration Act 2023 (c .55).
f3: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.
f4: Schedule 2A was inserted by paragraph 3 of Schedule 17 to the Housing and Planning Act 2016.