Article 29 Modification of Part 1 of the 1965 ActI1
England, Wales and Scotland
Part 1 of the 1965 Act (compulsory purchase under acquisition of land act of 1946), as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows—
in section 4 (time limit for giving notice to treat)f1 for “after the end of the applicable period beginning with the day on which the compulsory purchase order becomes operative” substitute “after the end of the period stated in article 24 (time limit for exercise of authority to acquire land compulsorily) of the Stonestreet Green Solar Order 2025”.
in section 4A(1) (extension of time limit during challenge)f2 for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the applicable period for the purposes of section 4” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), the five year period mentioned in article 24 (time limit for exercise of authority to acquire land compulsorily) of the Stonestreet Green Solar Order 2025”
In section 11A (powers of entry: further notice of entry)f3—
in subsection (1)(a), after “land” insert” “under that provision”; and
in subsection (2), after “land” insert” “under that provision”.
In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 24 (time limit for exercise of authority to acquire land compulsorily) of the Stonestreet Green Solar Order 2025”.
In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—
for paragraphs 1(2) and 14(2) substitute—
“(2)But see article 28(3) (acquisition of subsoil and airspace only) of the Stonestreet Green Solar Order 2025, which excludes the acquisition of subsoil and airspace only from this Schedule”; and
after paragraph 29, insert—
“PART 4
Interpretation
30.In this Schedule, references to entering on and taking possession of land do not include doing so under articles 20 (authority to survey and investigate the land), 30 (temporary use of land for carrying out the authorised development), 32 (temporary use of land for maintaining the authorised development), or 38 (use of subsoil and airspace within the Order limits) of the Stonestreet Green Solar Order 2025.”
Annotations
Commencement
- I1
Art. 29 in force at 13.11.2025, see art. 1
Footnotes
- f1
-
1965 c. 56. Section 4 was amended by section 185(2)(a) of the Levelling-up and Regeneration Act 2023 (c. 55).
- f2
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1965 c. 56. Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22) and amended by section 185(2)(b) of the Levelling-up and Regeneration Act 2023 (c. 55).
- f3
-
1965 c. 56. Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).
Notes on the whole SI
Textual amendments
- F1
Words in Preamble substituted (6.2.2026) by The Stonestreet Green Solar (Correction) Order 2026 (S.I. 2026/131), art. 1, Sch.