Article 26 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 (application of compulsory acquisition provisions) of the 2008 Act, is modified as set out in paragraphs (2) to (5).

(2)

In section 4A(1) (extension of time limit during challenge)(a) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the applicable period for the purposes of section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 20 (time limit for exercise of authority to acquire land compulsorily) of the Mona Wind Farm Order 2025”.

(3)

In section 11A (powers of entry: further notice of entry)—

(a)

in sub-section (1)(a), after “land” insert “under that provision”;

(b)

in sub-section (2), after “land” insert “under that provision”.

(4)

In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 20 (time limit for exercise of authority to acquire land compulsorily) of the Mona Offshore Wind Farm Order 2025”.

(5)

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

(a)

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

“But see article 25(3) (acquisition of subsoil only) of the Mona Offshore Wind Farm Order 2025 which excludes the acquisition of subsoil only from this Schedule”; and

(b)

at the end insert—

“Part 4

INTERPRETATION

30.

In this Schedule, references to entering on and taking possession of land do not include doing so under article 18 (protective work to buildings), article 28 (temporary use of land for carrying out the authorised project) or article 29 (temporary use of land for maintaining the authorised project) of the Mona Offshore Wind Farm Order 2025”.

Annotations

Commencement

I1: Art. 26 in force at 28.7.2025, see art. 1