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

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Forestry Act 1967

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3.—(1) In Schedule 5 to the Forestry Act 1967(1) (compulsory purchase: procedure etc.), in paragraph 7 (notice after compulsory purchase order has been made), after sub-paragraph (2) insert—

(2A) Sub-paragraphs (2B) to (2H) apply where a compulsory purchase order authorises the compulsory purchase of land in England or Wales.

(2B) The appropriate national authority must serve the notice mentioned in sub-paragraph (1) on any person who, if Schedule 1 to the Acquisition of Land Act 1981 applied to the acquisition, would be entitled to a notice under paragraph 3 of that Schedule (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 appropriate national authority 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 paragraph 6(4)(e) of Schedule 1 to 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 prescribed under paragraph 6(4)(f) of Schedule 1 to the Acquisition of Land Act 1981, subject to any necessary modifications.

(2F) The appropriate national authority 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” if it was prescribed by the appropriate national authority which has to serve it.

(2H) In this paragraph, the “appropriate national authority” means—

(a)in relation to the compulsory purchase of land in England, the Secretary of State, and

(b)in relation to the compulsory purchase of land in Wales, the Welsh Ministers.

(2) The amendment made by this paragraph applies only in relation to a compulsory purchase order made after this paragraph comes into force.

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