Article 29 Application of Part 1 of the 1965 Act

(1)

Part 1 (compulsory purchase under the Acquisition of Land Act 1946) of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order—

(a)

as it applies to a compulsory purchase to which the Acquisition of Land Act 1981^f1 applies; and

(b)

as if this Order were a compulsory purchase order under that Act.

(2)

In its application by virtue of paragraph (1), Part 1 of the 1965 Act has effect subject to the following modifications.

(3)

Omit section 4 (time limit for giving notice to treat).

(4)

In section 4A(1)^f2 (extension of time limit during challenge) 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 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 40 (time limit for exercise of powers of acquisition) of the Midland Metro (Birmingham Eastside Extension) Order 2020^f3”.

(5)

In section 11(1B)^f4 (powers of entry) in a case where the notice to treat relates only to the acquisition of an easement or other right over land, for “3 months” substitute “1 month”.

(6)

In section 11A^f5 (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”.

(7)

In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 40 (time limit for the exercise of powers of acquisition) of the Midland Metro (Birmingham Eastside Extension) Order 2020^f6”.

(8)

In Schedule 2A^f7 (counter-notice requiring purchase of land not in notice to treat)—

(a)

omit paragraphs 1(2) and 14(2); 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 articles 22 (works to safeguard buildings and the operation of the authorised tramway), 34 (temporary use of land for construction of works) and 35 (temporary use of land for maintenance of works) of the Midland Metro (Birmingham Eastside Extension) Order 2020.”

Annotations

Footnotes

f1: 1981 c. 67.
f2: As inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).
f3: S.I. 2020/141.
f4: Subsection (1B) of section 11 was inserted by section 186(1) and (2)(b) of the Housing and Planning Act 2016.
f5: As inserted by section 186(3) of the Housing and Planning Act 2016.
f6: S.I. 2020/141.
f7: As inserted by paragraph 3 of Schedule 3 to the Housing and Planning Act 2016.