Article 4 Application of Part 1 of the 1965 Act

(1)

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, insofar 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 applies;

(b)

as if this Order was a compulsory purchase order under that Act; and

(c)

with a period of 5 years being the applicable period specified for the purposes of section 4(2)(b)^f1 (time limit for giving notice to treat) of the 1965 Act.

(2)

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

(3)

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”.

(4)

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”.

(5)

In Schedule 2A^f4 (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 article 7 (temporary use of land in connection with the development) of the Network Rail (Old Oak Common Great Western Mainline Track Access) Order 2026.”.

Annotations

Footnotes

f1: 1965 c. 56. Section 4 was substituted by section 182(1) of the Housing and Planning Act 2016 (c. 22) and amended by section 185(2)(a) of the Levelling-up and Regeneration Act 2023 (c. 55).
f2: Section 11(1B) was inserted by section 186(1) and (2)(b) of the Housing and Planning Act 2016.
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.