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Town and Country Planning Act 1971

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186Effect of Secretary of State's action in relation to purchase notice

(1)Where the Secretary of State confirms a purchase notice, the council on whom the purchase notice was served (or, if under section 183(4) of this Act the Secretary of State modified the purchase notice by substituting another local authority or statutory undertakers for that council, that other local authority or those statutory undertakers) shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the relevant provisions and to have served a notice to treat in respect thereof on such date as the Secretary of State may direct.

(2)If, before the end of the relevant period, the Secretary of State has neither confirmed the purchase notice nor taken any such action in respect thereof as is mentioned in section 183(2) or (3) of this Act, and has not notified the owner by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the end of that period, and the council on whom the notice was served shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the relevant provisions and to have served a notice to treat in respect thereof at the end of that period.

(3)For the purposes of subsection (2) of this section the relevant period is whichever of the following periods first expires, that is to say—

(a)the period of nine months beginning with the date of service of the purchase notice; and

(b)the period of six months beginning with the date on which a copy of the purchase notice was transmitted to the Secretary of State.

(4)Where the Secretary of State has notified the owner by whom a purchase notice has been served of a decision on his part to confirm, or not to confirm, the notice (including any decision not to confirm the notice in respect of part of the land to which it relates, and including any decision to grant any permission, or give any direction, in lieu of confirming the notice, either wholly or in part) .and that decision of the Secretary of State is quashed under the provisions of Part XII of this Act, the purchase notice shall be treated as cancelled, but the owner may serve a further purchase notice in its place.

(5)For the purposes of any regulations made under this Act as to the time within which a purchase notice may be served, the service of a purchase notice under subsection (4) of this section shall not be treated as out of time if the notice is served within the period which would be applicable in accordance with those regulations if the planning decision, in consequence of which the notice is served, had been made on the date on which the decision of the Secretary of State was quashed as mentioned in subsection (4) of this section.

(6)In this section " the relevant provisions " has the same meaning as in section 181 of this Act.

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