The Compulsory Purchase (Inquiries Procedure) (Miscellaneous Amendments and Electronic Communications) Rules 2018

PART 2 Miscellaneous Amendments

Amendments to the table of contents

4.  In the table of contents for the 2007 Rules—

(a) after the entry for rule 2, insert “2A. Application of the Rules where a person is appointed under section 14D of the Act”;

(b) after the entry for rule 19, insert “19A. Procedure following quashing of decision”;

(c) at the end, insert “SCHEDULE—Modifications where a person is appointed under section 14D of the Act”.

Insertion of new rule 2A

5.  After rule 2 (interpretation) of the 2007 Rules, insert—

“Application of the Rules where a person is appointed under section 14D of the Act

2A.— (1) Where a person is appointed under section 14D of the Act(1), these Rules have effect subject to the modifications in the Schedule.

(2) Where a person’s appointment under section 14D of the Act is revoked, these Rules have effect without the modifications in the Schedule and any step taken or thing done before the revocation, which could be taken or done under the Rules (without the modifications), is to have effect as if it had been taken or done under these Rules (without the modifications).”.

Amendment to rule 18

6.  In rule 18 (procedure after inquiry) of the 2007 Rules, before paragraph (1) insert—

“(A1) Within 10 business days beginning with the day after the day on which the inquiry closes, the authorising authority must inform the persons listed in rule 19(1) in writing of the expected date of its decision.”.

Insertion of new rule 19A

7.  After rule 19 (notice of decision) of the 2007 Rules, insert—

“Procedure following quashing of decision

19A.— (1) Where a decision notified under rule 19(1) is quashed, in full or in part, in proceedings before any court, the authorising authority—

(a) must send to any person who was entitled to appear at the inquiry a written statement of the matters with respect to which further representations are invited for the purposes of the further consideration of the order by the authorising authority;

(b) must afford to those persons the opportunity of making written representations to the authorising authority in respect of those matters or of asking for the re-opening of the inquiry; and

(c) may, as it thinks fit, cause the inquiry to be re-opened (whether by the same or a different inspector) and, if it does so, paragraphs (2) to (5) of rule 10 apply as if references to an inquiry were references to a re-opened inquiry.

(2) Those persons making representations or asking for the inquiry to be re-opened under paragraph (1)(b) must ensure that such representations or requests are received by the authorising authority within 3 weeks beginning with the date of the written statement sent under paragraph (1)(a).”.

Insertion of new Schedule

8.  At the end of the 2007 Rules insert the Schedule set out in the Schedule to these Rules.

(1)

Section 14D of the Acquisition of Land Act 1981 (c. 67) was inserted by section 181(2) of the Housing and Planning Act 2016 (c. 22).