Article 23 Application of Part 1 of the 1965 Act

(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 land under this Order—

(a)

as it applies to a compulsory purchase to which the 1981 Act applies; and

(b)

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

(2)

Part 1 of the 1965 Act, as applied by paragraph (1), has effect with the following modifications.

(3)

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

(4)

In section 4A(1)^f1 (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 applicable period for the purposes of 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 33 (time limit for exercise of powers of acquisition) of the Network Rail (Leeds to Micklefield Enhancements) Order 2024”.

(5)

In section 11(1B)^f2 (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^f3 (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) (interests omitted from purchase), for “section 4 of this Act” substitute “article 33 (time limit for exercise of powers of acquisition) of the Network Rail (Leeds to Micklefield Enhancements) Order 2024”.

(8)

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

(a)

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

“(2)

But see articles 26(4) (power to acquire subsoil or airspace only) of the Network Rail (Leeds to Micklefield Enhancements) Order 2024, 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 works to buildings, roads and apparatus of a statutory undertaker), article 28 (temporary use of land for construction of works) or article 29 (temporary use of land for maintenance of works) or article 30 (temporary use of land for access) of the Network Rail (Leeds to Micklefield Enhancements) Order 2024.”.

Annotations

Footnotes

f1: Section 4A was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22) and amended by section 185(2)(b) of the Levelling-up and Regeneration Act 2023.
f2: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.
f3: Schedule 2A was inserted by paragraph 3 of Schedule 3 to the Housing and Planning Act 2016.