The Compulsory Purchase of Land Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations re-enact with amendments the Compulsory Purchase of Land Regulations 1982, other than regulation 5, insofar as they prescribe forms for use in connection with the compulsory purchase of land under the procedure of the Acquisition of Land Act 1981.

The forms prescribed by these Regulations are—

(i) for the compulsory purchase order itself, Forms 1, 2 and 3 for an order (other than a clearance area order made pursuant to section 290 of the Housing Act 1985), and Forms 4, 5 and 6 in respect of a clearance area order;

(ii) the preliminary notices i.e. newspaper notice and the personal notice to owners, lessees and occupiers, describing the effect of the order and specifying how objections can be made (Forms 7, 8 and 9);

(iii) the notice of confirmation or making of the order (Form 10);

(iv) the notice that a certificate has been given under Part III of, or Schedule 3 to, the Acquisition of Land Act 1981 (Form 11).

In addition to minor and drafting amendments, the Regulations make the following changes of substance. Section 43 of the Housing and Planning Act 1986 (c. 63) substitutes, with effect from 31st March 1990, a new section 125 of the Local Government Act 1972, which relates to the compulsory purchase of land on behalf of parish or community councils. This has required changes in Forms 7 and 9 and the omission of a prescribed form relating to inquiries where a district council propose to purchase land on behalf of a parish or community council.

Regulations 3(a)(iii) and 3(b)(iii) prescribe new forms of compulsory purchase order, Forms 3 and 6, for use where the land to be purchased forms part of a common, open space or fuel or field garden allotment, where no land is being given in exchange but where the order will provide for the land purchased to be discharged from rights, trusts and incidents to which it was previously subject.