High Speed Rail (West Midlands - Crewe) Act 2021

Meaning of “the appropriate time”

7 (1) References in this Schedule to “the appropriate time” are to be read as follows.

(2) In the case of—

(a) land held immediately before the day on which this Act is passed, or

(b) land which, immediately before that day, was land in relation to which a right had been acquired or a restrictive covenant had been imposed,

the appropriate time is the end of the period of 14 days beginning with that day.

(3) In the case of—

(a) land acquired on or after the day on which this Act is passed, or

(b) land in relation to which a right has been acquired or a restrictive covenant has been imposed on or after that day,

the appropriate time is the time of acquisition or (in the case of a restrictive covenant) imposition.

(4) Sub-paragraph (3) is subject to sub-paragraphs (5) and (6) (which apply to land or a right acquired compulsorily or to a restrictive covenant imposed compulsorily).

(5) Where the power under section 11(1) of the Compulsory Purchase Act 1965 has been exercised in relation to the land, the appropriate time is—

(a) the time of entry under that provision, or

(b) in the case of the acquisition of a right or the imposition of a restrictive covenant, the time when the power to enter the land for the purpose of exercising the right or enforcing the covenant becomes exercisable under that provision (as modified in accordance with paragraph 2(5) of Schedule 9 to this Act).

(6) Where a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 has been made in relation to the land, the appropriate time is the vesting date (within the meaning of that Act).