The Housing and Planning Act 2016 (Compulsory Purchase) (Corresponding Amendments) Regulations 2017

Harbours Act 1964

2.—(1) In Schedule 3 to the Harbours Act 1964(1) (procedure for making harbour revision and empowerment orders), in paragraph 24 (notice that harbour revision order has been made etc.), after sub-paragraph (2) insert—

“(2A) Sub-paragraphs (2B) to (2F) apply where a harbour revision order—

(a) authorises the compulsory acquisition of land in England or Wales, and

(b) applies Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 to the acquisition.

(2B) The applicant must serve the notice on any person who, if Part 2 of the Acquisition of Land Act 1981 applied to the acquisition, would be entitled to a notice under section 12 of that Act (notice to owners, lessees and occupiers).

(2C) The notice must—

(a) contain a statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981), and

(b) invite any person who would be entitled to claim compensation if a declaration were executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 to give the applicant information about the person’s name, address and interest in land, using a form set out in the notice.

(2D) The statement referred to in sub-paragraph (2C)(a) must be the same as the relevant statement prescribed under section 15(4)(e) of the Acquisition of Land Act 1981, subject to any necessary modifications.

(2E) The form mentioned in sub-paragraph (2C)(b) must be the same as the relevant form that is prescribed under section 15(4)(f) of the Acquisition of Land Act 1981, subject to any necessary modifications.

(2F) The applicant must send a copy of the notice to the Chief Land Registrar and it shall be a local land charge in respect of the land in England or Wales to which it relates.

(2G) For the purposes of sub-paragraphs (2D) and (2E), a statement or a form is “relevant”—

(a) where the harbour revision order is made by the Welsh Ministers, if it was prescribed by the Welsh Ministers, or

(b) where the harbour revision order is made by the Secretary of State, if it was prescribed by the Secretary of State.”

(2) The amendment made by this paragraph applies only in relation to a harbour revision order, a harbour empowerment order or a closure order made after this paragraph comes into force.

(1)

1964 c.40; Schedule 3 was substituted by S.I. 1999/3445. Paragraph 24 was amended by S.S.I. 2011/396 and by the Transport and Works (Scotland) Act 2007 (asp 8), section 25(1) and (5)(k) and (l).