Section 339 Effect of blight notice where claim in respect of unaffected area withdrawn or rejectedI1

England and Wales Not yet in force

(1)

Subsection (3) applies where the appropriate authority has served a counter-notice objecting to a blight notice only on Ground 8, and the claimant—

(a)

does not refer the objection to the Upper Tribunal, but

(b)

before the end of the time for referring it, serves notice on the appropriate authority withdrawing the blight notice in relation to the unaffected area.

(2)

Subsection (3) also applies where the Upper Tribunal upholds a blight notice under section 337(1) in relation to the affected area but not in relation to the unaffected area.

(3)

The appropriate authority is to be treated—

(a)

as being authorised to acquire compulsorily under the appropriate enactment the claimant’s interest in the affected area (but not in the unaffected area), and

(b)

as having served a notice to treat in respect of it on the day mentioned in subsection (4).

(4)

The day is—

(a)

the day notice is served under subsection (1)(b), or

(b)

where subsection (2) applies, the day specified in directions given by the Upper Tribunal under section 337(6).

Annotations

Commencement

I1: S. 339 not in force at Royal Assent, see s. 409(2)