Article 22 Application of the 1981 Act
The 1981 Act applies as if this Order were a compulsory purchase order.
The 1981 Act, as applied by paragraph (1), has effect with the following modifications.
In section 1 (application of the Act), for subsection (2) substitute—
“(2)This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.”.
In section 5(2) (earliest date for execution of declaration) omit the words from “and this subsection” to the end.
In section 5B(1) (extension of time limit during challenge)f1 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)”.
In section 6 (notices after execution of declaration)f2, in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 of the Planning Act 2008 (notice of authorisation of compulsory acquisition)”.
In section 7 (constructive notice to treat), in subsection (1)(a), omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”.
In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—
“(2)But see article 23(3) (acquisition of subsoil only) of the Steeple Renewables Project Order 2026, which excludes the acquisition of subsoil only from this Schedule.”.
References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125 of the 2008 Act (application of compulsory acquisition provisions), and as modified by article 25 (modification of Part 1 of the Compulsory Purchase Act 1965) to the compulsory acquisition of land under this Order.
Annotations
Footnotes
- f1
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Section 5B was inserted by section 202(2) of Schedule 3 to the Housing and Planning Act 2016 and amended by section 185(3)(b) of the Levelling-up and Regeneration Act 2023.
- f2
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Section 6 was amended by section 4 of, and paragraph 52(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016.