Article 18 Application of Part 1 of the 1965 ActI1

England, Wales and Scotland

(1)

Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of any interests in 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)

Part 1 of the 1965 Act as so applied has effect with the following modifications.

(3)

Omit section 4 (which provides a time limit for compulsory purchase of land).

(4)

In section 4A(1)^f2 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the 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 27 (time limit for exercise of powers of acquisition) of the Network Rail (Essex and Others Level Crossing Reduction) Order 2022.”.

(5)

In section 11(1B)^f3 (power 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^f4 (powers of entry: further notices of entry)—

(a)

in subsection (1)(a), after “land” insert “under that provision”; and

(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 27 (time limit for exercise of powers of acquisition) of the Network Rail (Essex and Others Level Crossing Reduction) Order 2022.”.

(8)

In Schedule 2A^f5 (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 21 (temporary use of land for construction works) and 22 (temporary use of land for maintenance of works) of the Network Rail (Essex and Others Level Crossing Reduction) Order 2022.”.

Annotations

Commencement

I1: Art. 18 in force at 30.6.2022, see art. 1

Footnotes

f1: 1981 c. 67.
f2: Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).
f3: Subsection (1B) of section 11 was inserted by section 186(1) and (2)(b) of the Housing and Planning Act 2016.
f4: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.
f5: Schedule 2A was inserted by paragraph 3 of Schedule 3 to the Housing and Planning Act 2016.