Legislation – The Five Estuaries Offshore Wind Farm Order 2025
PART 5Powers of acquisition
Application of the 1981 Act26.
(1)
The 1981 Act applies as if this Order were a compulsory purchase order.
(2)
The 1981 Act, as applied, has effect with the following modifications.
(3)
“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.”.
(4)
Omit section 5 (earliest date for execution of declaration).
(5)
Omit section 5A (time limit for general vesting declaration).
(6)
In section 5B(1) (extension of time limit during challenge)—
(a)
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)”
; and
(b)
for “the three year period mentioned in section 5A” substitute “the seven year period mentioned in article 22 (time limit for exercise of authority to acquire land compulsorily) of the Five Estuaries Offshore Wind Farm Order 2025”
.
(7)
“on every other person who has given information to the acquiring authority with respect to any of that land further to the invitation published and served under section 134 of the Planning Act 2008,”.
(8)
In section 7 (constructive notice to treat) in sub-section (1)(a) omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.
(9)
“But see article 27 (acquisition of subsoil only) of the Five Estuaries Offshore Wind Farm Order 2025 which excludes the acquisition of subsoil from this Schedule.”.
(10)
References to the 1965 Act in the 1981 Act are to be constructed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act and as modified by article 28 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of the land under this Order.