Legislation – Levelling-up and Regeneration Act 2023

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Schedules

Schedule 19Compulsory purchase: corresponding provision for purchases by Ministers

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1 (1)

Schedule 1 to the Acquisition of Land Act 1981 (compulsory purchase by Minister) is amended as follows.

(2)

For the italic heading before paragraph 2 substitute “Public notices”.

(3)

In paragraph 2 (requirement to publish notice of order in newspaper)—

(a)

in sub-paragraph (1)—

(i)

the words from “in two” to “situated” become paragraph (a);

(ii)

at the end of that paragraph insert “, and

(b)

for a period of at least 21 days ending with the day specified under sub-paragraph (2)(d), publish a notice in the prescribed form on an appropriate website.”;

(b)

in sub-paragraph (2)—

(i)

in the words before paragraph (a), for “notice” substitute “notices”;

(ii)

omit the “and” at the end of paragraph (c);

(iii)

after paragraph (c) insert—

“(ca)

specify a website on which those copies may be viewed, and”;

(iv)

for paragraph (d) substitute—

“(d)

specify the final day for making objections to the draft order, and the manner in which objections can be made.”;

(c)

after sub-paragraph (2) insert—

“(2A)

If the appropriate authority (see paragraph 4(8)) is satisfied that, because of special circumstances, it is impracticable for the Minister to make the copies referred to in sub-paragraph (2)(c) available for inspection at an appropriate place, the appropriate authority may direct that the requirement in sub-paragraph (2)(c) (together with that in paragraph 3(1)(ba)) is not to apply.”;

(d)

in sub-paragraph (4)(b), omit the words from “(but” to “affixed)”.

(4)

In paragraph 3(1) (requirement to serve notice on certain affected persons)—

(a)

omit the “and” at the end of paragraph (b);

(b)

after paragraph (b) insert—

“(ba)

(subject to paragraph 2(2A)) naming a place within the locality where a copy of the draft order and of the map referred to in it may be inspected,

(bb)

specifying a website on which those copies may be viewed, and”;

(c)

for paragraph (c) substitute—

“(c)

specifying the final day for making objections to the draft order, and the manner in which objections can be made.”

(5)

After paragraph 3 insert—

“Final day for making objections

3A

(1)

For the purposes of paragraphs 2 and 3, the day specified as the final day for making objections must be the last day, or a day after the last day, of the period of 21 days beginning with the first day at the beginning of which the Minister expects that all of the following conditions will be satisfied.

(2)

The conditions are that—

(a)

a notice has been published for the first time as required by paragraph 2(1)(a),

(b)

publication as required by paragraph 2(1)(b) has begun,

(c)

a notice has been affixed as required by paragraph 2(3), and

(d)

a notice has been served on every qualifying person as required by paragraph 3(1).”

(6)

In paragraph 6 (notices after making of order)—

(a)

in sub-paragraph (3)—

(i)

the words from “in one” to “situated” become paragraph (a);

(ii)

at the end of that paragraph insert “, and

(b)

on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the Minister takes the final step needed to comply with sub-paragraph (1)(a).”;

(b)

in sub-paragraph (4), after paragraph (c) insert—

“(ca)

specifying a website on which those copies may be viewed;”;

(c)

after sub-paragraph (4) insert—

“(4A)

If the appropriate authority is satisfied that, because of special circumstances, it is impracticable for the Minister to make the copies referred to in sub-paragraph (4)(c) available for inspection at an appropriate place, the appropriate authority may direct that the requirement in sub-paragraph (4)(c) is not to apply.”