Statutory Instrument 1990 No. 613

      The Compulsory Purchase of Land Regulations 1990

      © Crown Copyright 1990

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STATUTORY INSTRUMENTS

1990 No. 613

ACQUISITION OF LAND, ENGLAND AND WALES

The Compulsory Purchase of Land Regulations 1990

Made 14th March 1990
Coming into force 31st March 1990


    The Secretary of State for the Environment, in relation to England, and the Secretary of State for Wales, in relation to Wales, in exercise of the powers conferred upon them by sections 7(2)[1], 10(2), 11(1), 12(1), 15 and 22 of, and paragraphs 2(1), 3(1) and 6 of Schedule 1 and paragraph 9 of Schedule 3 to, the Acquisition of Land Act 1981[2], and of all other powers enabling them in that behalf, hereby make the following Regulations:-

    Citation and commencement
        1.    These Regulations may be cited as the Compulsory Purchase of Land Regulations 1990, and shall come into force on 31st March 1990.
    Interpretation
        2.    In these Regulations-
      "the Act" means the Acquisition of Land Act 1981;

      "clearance area order" means a compulsory purchase order made pursuant to section 290 of the Housing Act 1985[3];

      "the Planning Act" means the Town and Country Planning Act 1971[4];

    and any reference to a numbered form is a reference to the form bearing that number in the Schedule hereto.
    Prescribed forms in connection with compulsory purchase orders
        3.    The prescribed forms in relation to the provisions of the Act mentioned below are as follows-

      (a)  for the purposes of section 10, the form of compulsory purchase order (other than a clearance area order) shall be-

        (i)  Form 1; or

        (ii)  if the order provides for the vesting of land given in exchange pursuant to section 19 (commons, open spaces etc.), Form 2; or

        (iii)  if the order does not provide for the vesting of land given in exchange pursuant to section 19, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section, Form 3;

      (b)  for the purposes of section 10, the form of a clearance area order shall be-

        (i)  Form 4; or

        (ii)  if the order provides for the vesting of land given in exchange pursuant to section 19 (commons, open spaces etc.), Form 5; or

        (iii)  if the order does not provide for the vesting of land given in exchange pursuant to section 19, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section, Form 6;

      (c)  for the purposes of section 11(1) and paragraph 2(1) of Schedule 1, the form of newspaper notice shall be Form 7;

      (d)  subject to regulation 4 below, for the purposes of section 12(1) and paragraph 3(1) of Schedule 1, the form of notice to owners, lessees and occupiers shall be Form 8, or if the order is made on behalf of a parish (or, in Wales, community) council, Form 9;

      (e)  for the purposes of section 15 and paragraph 6 of Schedule 1, the form of notice of confirmation of a compulsory purchase order shall be Form 10; but in relation to an order made by a Minister, that form shall have effect with the substitution for references to the confirmation of an order submitted of references to the making of the order;

      (f)  for the purposes of section 22 and paragraph 9 of Schedule 3, the form of newspaper notice stating that a certificate has been given under section 16 or 19 of, or paragraph 3 or 6 of Schedule 3 to, the Act shall be Form 11.
    Additional provisions with respect to listed buildings
        4.    Where a compulsory purchase order is made under section 114 of the Planning Act (compulsory acquisition of listed buildings in need of repair), there shall be included in Form 8, after the end of paragraph 2, the additional paragraphs set out after the notes to that Form, as follows-

      (a)  the additional paragraph numbered 3 shall be included in every case;

      (b)  the additional paragraph numbered 4 shall be included in any case where the notice is required by section 117(3) of the Planning Act (minimum compensa tion in the case of a building deliberately left derelict) to include a statement that the authority or Minister has included a direction for minimum compensation;

      (c)  the additional paragraph numbered 5 shall be included in every case;
    and the remaining paragraphs shall be re-numbered as necessary.
    Revocation
        5.    The Compulsory Purchase of Land Regulations 1982[5] are, with the exception of regulation 5, hereby revoked.



Chris Patten

Secretary of the State for the Environment

14th March 1990

Peter Walker

Secretary of State for Wales

14th March 1990




Notes:

[1] See definition of "prescribed". back

[2] 1981 c. 67. back

[3] 1985 c. 68; Part IX of the Act is amended by Part II of Schedule 9 to the Local Government and Housing Act 1989 (c. 42). back

[4] 1971 c. 78. back

[5] S.I. 1982/6. back

 

Explanatory Note


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