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Article 5 Application of the 1981 Act

Original text. Later amendments are not shown.

(1)

The 1981 Act applies as if this Order was a compulsory purchase order.

(2)

A period of 5 years is the applicable period specified for the purposes of section 5A(2)(b)f1 (time limit for general vesting declaration) of the 1981 Act.

(3)

The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(4)

In section 5(2) (earliest date for execution of declaration), omit the words from “, and this subsection” to the end.

(5)

In section 6(1)(b)f2 (notices after execution of declaration), for “section 15 of, or paragraph 6 of Schedule 1 to the Acquisition of Land Act 1981” substitute “section 14A of the Transport and Works Act 1992”.

(6)

In section 7f3 (constructive notice to treat), in subsection (1)(a) omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(7)

In Schedule A1f4 (counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2).

(8)

References to the 1965 Act are construed as references to that Act as applied to the acquisition of any interests in land under article 4 (application of Part 1 of the 1965 Act).

Annotations

Footnotes

f1

Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016 and amended by section 185(3)(a) of the Levelling-up and Regeneration Act 2023.

f2

Section 6 was amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016.

f3

Section 7(1) was substituted by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016 and amended by section 186(2) of the Levelling-up and Regeneration Act 2023.

f4

Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.