The New Towns (Compulsory Purchase of Land) (Amendment) Regulations 2024
S.I. 2024/913 · Made 6 September 2024
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NEW TOWNS, ENGLAND AND WALES
Made 6th September 2024
Laid before Parliament 9th September 2024
Coming into force 1st October 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 13(3) and (4), 77(1), and 80(1) of, paragraphs 1(1)(b), 2(1)(a), 5 and 13(4) of Schedule 4 to, and paragraphs 1, 2, and 5 of Schedule 5 to, the New Towns Act 1981f1 and section 214(6)(a) of, and paragraph 8(1) of Schedule 15 to, the Housing and Planning Act 2016f2.
Annotations to the whole text
Footnotes
f1
1981 c. 64. Paragraph 5 of Schedule 4 was amended by S.I. 2017/16. Paragraph 13 of Schedule 4 was amended by S.I. 1985/442. Paragraph 5 of Schedule 5 was substituted by S.I. 2017/16. See section 80(1)(a) of the Act for the meaning of “prescribed”. Article 2 of, and Schedule 1 to, S.I. 1999/672 transferred the functions of a Minister of the Crown under the Act, so far as exercisable in relation to Wales, to the National Assembly for Wales. Paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32) subsequently transferred these functions from the National Assembly to the Welsh Ministers.
The New Towns (Compulsory Purchase of Land) Regulations 1977f1 are amended as follows.
(2)
In regulation 2(2), for “Schedule hereto” substitute “relevant Schedule”;
(3)
After regulation 2(2), insert—
“(2A)
In paragraph (2), “relevant Schedule” means—
(a)
where the form reference is in regulation 3, Schedule 1;
(b)
where the form reference is in regulation 3A, Schedule 2.”.
(4)
In regulation 3—
(a)
for the heading, substitute—
“Prescribed Forms: Wales”.
(b)
in the opening words, for “shall be” substitute “that apply in respect of the compulsory acquisition of land in Wales are”.
(5)
After regulation 3, insert—
“Prescribed forms: England
3A
The prescribed forms that apply in respect of the compulsory acquisition of land in England are—
(a)
for the purposes of section 13(4), the form of representation by statutory undertakers with respect to land within an area to be designated by order under section 1 of the Actf2, is form 1;
(b)
for the purposes of paragraph 1(1)(b) of Schedule 4, the form of compulsory purchase order is form 2 or, if the order provides for the vesting of land given in exchange pursuant to paragraph 13 of Schedule 4, form 3;
(c)
for the purposes of paragraph 2(1)(a) of Schedule 4, the form of notice to be published or, where applicable, personal notice to be served, concerning a compulsory purchase order, is form 4;
(d)
for the purposes of paragraph 5 of Schedule 4, the form of notice of confirmation of a compulsory purchase order is form 5; but in relation to an order made by the Secretary of State, that form has effect with the substitution for references to the confirmation of an order submitted, of references to the making of an order;
(e)
for the purposes of section 13(3), the form of representation by statutory undertakers that land is operational land and request for that land to be excluded from a compulsory purchase order, is form 6;
(f)
for the purposes of section 13(1) and paragraph 1 of Schedule 5, the form of application by a development corporation or local highway authority for a compulsory purchase order relating to operational land of statutory undertakers, is form 7;
(g)
for the purposes of section 13(1) and paragraph 2 of Schedule 5, the form of notice to owners, lessees and occupiers of an application for a compulsory purchase order in respect of operational land of statutory undertakers, is form 8;
(h)
for the purposes of section 13(1) and paragraph 5 of Schedule 5, the form of notice to owners, lessees and occupiers of the making of a compulsory purchase order in respect of operational land of statutory undertakers, is form 9;
(i)
for the purposes of paragraph 13(4) of Schedule 4, the form of newspaper notice stating that a certificate has been given under Part 4 of Schedule 4, is form 10;
(j)
for the purposes of paragraph 5(d) of Schedule 4 and paragraph 5(c) of Schedule 5, the form of the statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981f3 is Part 1 of Form 11;
(k)
for the purposes of paragraph 5(e) of Schedule 4 and paragraph 5(d) of Schedule 5, the form for giving information to the authority is Part 2 of Form 11.”.
(6)
Omit regulation 4.
(7)
The existing Schedule becomes Schedule 1.
(8)
In that Schedule 1, at the beginning insert—
“Prescribed Forms: Wales”.
(9)
After that Schedule 1, insert the new Schedule 2 as set out in the Schedule to these Regulations.
FORM 1: REPRESENTATION BY STATUTORY UNDERTAKERS WITH REFERENCE TO A DESIGNATION ORDER
Part 2
FORM 2: COMPULSORY PURCHASE ORDER
Part 3
FORM 3: COMPULSORY PURCHASE ORDER (PROVIDING FOR THE VESTING OF EXCHANGE LAND)
Part 4
FORM 4: PUBLISHED NOTICE OR PERSONAL NOTICE THAT A COMPULSORY PURCHASE ORDER HAS BEEN SUBMITTED FOR CONFIRMATION
Part 5
FORM 5: PUBLISHED NOTICE OR PERSONAL NOTICE OF CONFIRMATION OF A COMPULSORY PURCHASE ORDER
Part 6
FORM 6: REPRESENTATION BY STATUTORY UNDERTAKERS WITH RESPECT TO A COMPULSORY PURCHASE ORDER
Part 7
FORM 7: APPLICATION FOR A COMPULSORY PURCHASE ORDER RELATING TO OPERATIONAL LAND OF STATUTORY UNDERTAKERS
Part 8
FORM 8: PERSONAL NOTICE OF APPLICATION FOR A COMPULSORY PURCHASE ORDER OF OPERATIONAL LAND OF STATUTORY UNDERTAKERS
Part 9
FORM 9: PERSONAL NOTICE OF THE MAKING OF A COMPULSORY PURCHASE ORDER FOR OPERATIONAL LAND OF STATUTORY UNDERTAKERS
Part 10
FORM 10: NOTICE OF GIVING OF CERTIFICATE UNDER PARAGRAPH 13 OF SCHEDULE 4 TO THE NEW TOWNS ACT 1981
Part 11
FORM 11: FORM OF STATEMENT OF EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981 AND FOR GIVING INFORMATION TO THE AUTHORITY”.
These Regulations amend the New Towns (Compulsory Purchase of Land) Regulations 1977 (“the 1977 Regulations”) (S.I. 1977/549).
Regulations 2(2) and (3) amend regulation 2 of the 1977 Regulations to provide that Schedules 1 and 2 to the 1977 Regulations (as amended and inserted by these Regulations) apply in different circumstances.
Regulation 2(4), (7) and (8) amend regulation 3 of, and the Schedule (which becomes Schedule 1) to, the 1977 Regulations to specify that the forms prescribed by regulation 3 continue to apply to compulsory purchase orders made under the New Towns Act 1981 (“the Act”) for the compulsory acquisition of land in Wales.
Regulation 2(5) and (9) insert new regulation 3A and new Schedule 2 into the 1977 Regulations. They prescribe new Forms 1 to 11 that apply to compulsory purchase orders made under the Act for the compulsory acquisition of land in England.
Regulation 2(6) omits regulation 4 from the 1977 Regulations.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
