Article 23 Modification of Part 1 of the Compulsory Purchase Act 1965

(1)

Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2)

In section 4A(1) (extension of time limit during challenge)^f1—

(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 Planning Act 2008 (legal challenges relating to applications for orders granting development consent)”; and

(b)

for “the applicable period for the purposes of section 4” substitute “the five year period mentioned in article 19 (time limit for exercise of authority to acquire land compulsorily) of the Outer Dowsing Offshore Wind Farm Order 2026”.

(3)

In section 11A (powers of entry: further notice of entry)—

(a)

in subsection (1)(a), after “land” insert “under that provision”; and

(b)

in subsection (2), after “land” insert “under that provision”.

(4)

In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 19 (time limit for exercise of authority to acquire land compulsorily) of the Outer Dowsing Offshore Wind Farm Order 2026”.

(5)

In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)^f2—

(a)

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

“(2)

But see article 24(3) (acquisition of subsoil or airspace only) of the Outer Dowsing Offshore Wind Farm Order 2026, which excludes the acquisition of subsoil or airspace from this Schedule”; and

(b)

at the end insert—

“PART 4

INTERPRETATION

30.

In this Schedule, references to entering on and taking possession of land do not include doing so under article 26 (temporary use of land for carrying out the authorised project) or article 27 (temporary use of land for maintaining the authorised project) of the Outer Dowsing Offshore Wind Farm Order 2026.”.

Annotations

Footnotes

f1: Section 4A was inserted by section 202 of the Housing and Planning Act 2016 (c. 22) and was amended by section 185 of the Levelling-up and Regeneration Act 2023 (c. 55).
f2: Schedule 2A was inserted by paragraph 3 of Schedule 17 to the Housing and Planning Act 2016 (c. 22).