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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Compulsory Purchase of Land Regulations 1994 No. 2145 URL: http://www.bailii.org/uk/legis/num_reg/1994/uksi_19942145_en.html |
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Statutory Instruments
ACQUISITION OF LAND
Made
11th August 1994
Coming into force
1st October 1994
The Secretary of State for the Environment, in relation to England, and the Secretary of State for Wales, in relation to Wales, in exercise of the powers conferred upon them by sections 7(2)(1), 10(2), 11(1), 12(1), 15 and 22 of, and paragraphs 2(1), 3(1) and 6 of Schedule 1 and paragraph 9 of Schedule 3 to, the Acquisition of Land Act 1981(2), and of all other powers enabling them in that behalf hereby make the following Regulations:-
1. These Regulations may be cited as the Compulsory Purchase of Land Regulations 1994, and shall come into force on 1st October 1994.
2. In these Regulations-
"the Act" means the Acquisition of Land Act 1981;
"clearance compulsory purchase order" means a compulsory purchase order made pursuant to section 290 of the Housing Act 1985(3);
"the Listed Buildings Act" means the Planning (Listed Buildings and Conservation Areas) Act 1990(4);
"the Planning Act" means the Town and Country Planning Act 1990(5);
and any reference to a numbered form is a reference to the form bearing that number in the Schedule hereto, or a form adapted therefrom as required to meet the circumstances of a particular case, or to a form substantially to the like effect as that form, whether adapted or not.
3. The prescribed forms in relation to the provisions of the Act mentioned below are as follows-
(a)for the purposes of section 10, the form of compulsory purchase order (other than a clearance compulsory purchase order) shall be-
(i)Form 1; or
(ii)if the order provides for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3 (commons, open spaces etc.), Form 2; or
(iii)if the order does not provide for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section or paragraph, Form 3;
(b)for the purposes of section 10, the form of a clearance compulsory purchase order shall be-
(i)Form 4; or
(ii)if the order provides for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3 (commons, open spaces etc.), Form 5; or
(iii)if the order does not provide for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section or paragraph, Form 6;
(c)for the purposes of section 11(1) and paragraph 2(1) of Schedule 1, the form of newspaper notice shall be Form 7;
(d)subject to regulation 4 below, for the purposes of section 12(1) and paragraph 3(1) of Schedule 1, the form of notice to owners, lessees and occupiers shall be Form 8, or if the order is made on behalf of a council, Form 9;
(e)for the purposes of section 15 and paragraph 6 of Schedule 1, the form of notice of making (in the case of an order made by a Minister) or notice of confirmation of a compulsory purchase order in the case of an order confirmed by a Minister shall be Form 10;
(f)for the purposes of section 22 and paragraph 9 of Schedule 3, the form of newspaper notice stating that a certificate has been given under section 16 or 19 of, or paragraph 3 or 6 of Schedule 3 to, the Act shall be Form 11.
4. Where a compulsory purchase order is made under section 47 of the Listed Buildings Act (compulsory acquisition of listed buildings in need of repair), there shall be included in Form 8, after the end of paragraph 2, the additional paragraphs set out after the notes to that Form, as follows-
(a)the additional paragraph numbered 3 shall be included in every case;
(b)the additional paragraph numbered 4 shall be included in any case where the notice is required by section 50(3) of the Listed Buildings Act (minimum compensation in the case of a building deliberately left derelict) to include a statement that the authority or Minister has included a direction for minimum compensation;
(c)the additional paragraph numbered 5 shall be included in every case;
and the remaining paragraphs shall be re-numbered as necessary.
5. The Compulsory Purchase of Land Regulations 1990(6) are hereby revoked.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
5th August 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
11th August 1994
Regulation 2
Form 1 Compulsory purchase order (other than a clearance compulsory purchase order).
Form 2 Compulsory purchase order (other than a clearance compulsory purchase order) providing for the vesting of exchange land.
Form 3 Compulsory purchase order (other than a clearance compulsory purchase order) not providing for the vesting of exchange land but providing for the discharge of rights, trusts and incidents.
Form 4 Clearance compulsory purchase order.
Form 5 Clearance compulsory purchase order providing for the vesting of exchange land.
Form 6 Clearance compulsory purchase order not providing for the vesting of exchange land but providing for the discharge of rights, trusts and incidents.
Form 7 Newspaper notice concerning a compulsory purchase order.
Form 8 Notice to owners, lessees and occupiers of land (or of land to be subject to new rights) comprised in a compulsory purchase order.
Form 9 Notice to owners, lessees and occupiers of land (or of land to be subject to new rights) comprised in a compulsory purchase order made on behalf of a council.
Form 10 Notice of making or confirmation of a compulsory purchase order.
Form 11 Newspaper notice of the giving of a certificate under section 16 or 19 of, or paragraph 3 or 6 of Schedule 3 to, the Acquisition of Land Act 1981.
Regulation 3(a)(i)
Regulation 3(a)(ii)
Regulation 3(a)(iii)
Regulation 3(b)(i)
Regulation 3(b)(ii)
Regulation 3(b)(iii)
Regulation 3(c)
Regulation 3(d)
Regulation 3(d)
Regulation 3(e)
Regulation 3(f)
(This note is not part of the Regulations)
These Regulations re-enact with amendments the Compulsory Purchase of Land Regulations 1990, and prescribe forms for use in connection with the compulsory purchase of land and new rights under the procedure for which provision is made in the Acquisition of Land Act 1981 to take account of legislative changes and to make minor changes in the drafting.
In addition references to section 27 of the Compulsory Purchase Act 1965 (now repealed) are deleted and forms are amended with regard to vesting land given in exchange for land subject to open space or other protected rights compulsorily purchased in order to vest exchange land already owned by the authority in the persons from whom the open space or other protected land is being purchased. Also provision is made for vesting in owners of such land, which is to be subject to new rights, land in exchange for the acquisition of the new rights.
See definition of "prescribed".
1985 c. 68; Part IX of the Act is amended by Part II of Schedule 9 to the Local Governent and Housing Act 1989 (c. 42).
S.I. 1990/613.
