OpenLegislation

Article 26 Time limit for exercise of authority to acquire land compulsorily or take land temporarilyI1

England and Wales

(1)

After the end of the period of 5 years beginning on the day on which this Order is made—

(a)

no notice to treat may be served under Part 1 of the 1965 Act; and

(b)

no declaration may be executed under section 4 (execution of declaration) of the 1981 Actf1 as applied by article 30 (application of the 1981 Act).

(2)

The authority conferred by article 33 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Annotations

Commencement

I1

Art. 26 in force at 5.12.2022, see art. 1

Footnotes

f1

Section 4 was amended by sections 184, 185 and 199(2) of, and paragraphs 1 and 2 of Part 1 of Schedule 13 to, the Housing and Planning Act 2016.