Article 22 Application of the 1981ActI1

England, Wales and Scotland

(1)

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

(2)

The 1981 Act, as so applied, has effect with the following modifications.

(3)

Section 5 (earliest date for execution of declaration) is omitted.

(4)

Section 5A (time limit for general vesting declaration) is omitted^f1.

(5)

In section 5B (extension of time limit during challenge)^f2—

(a)

for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the 2008 Act (legal challenges relating to applications for orders granting development consent)”; and

(b)

for “the three year period mentioned in section 4” substitute “the five year period mentioned in article 19 (time limit for exercise of authority to acquire land compulsorily) of the Norfolk Vanguard Offshore Wind Farm Order 2020”.

(6)

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

(7)

In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration)^f3, omit paragraph 1(2).

(8)

References to the 1965 Act in the 1981 Act must be construed as references to that Act as applied by section 125 of the 2008 Act (as modified by article 23 (application of Part 1 of the Act 1965 Act) to the compulsory acquisition of land under this Order.

Annotations

Commencement

I1: Art. 22 in force at 22.7.2020, see art. 1

Footnotes

f1: Section 5A to the 1981 Act was inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22)
f2: Inserted by section 202(2) of the Housing and Planning Act 2016 (c. 22).
f3: Inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).