The Compulsory Purchase of Land (Written Representations Procedure) (Ministers) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the written representations procedure that may be used for deciding whether to authorise the compulsory purchase of land in England and Wales. They apply only when the acquiring or confirming authority is a Minister of the Crown. The procedure may only be used for compulsory purchase orders that are subject to the Acquisition of Land Act 1981 and not subject to special parliamentary procedure.

When there are objections to authorising compulsory purchase, the written representations procedure may be used as an alternative to holding an inquiry or hearing. It is necessary for all objectors whose objections have not been disregarded or withdrawn to consent in the prescribed manner. If land acquired by a statutory undertaker for the purposes of their undertaking is to be compulsorily acquired, the procedure is not to be used where representations are made as to the continuing need for the use of the land and no certificate has been issued by the appropriate Minister under section 16(2) of the Act.

The main steps in the procedure are –

(a) If the confirming authority or the Minister acquiring land determines that the use of a written representations procedure is appropriate, a consent form in the form set out in the Schedule to these Regulations will be sent to all those with remaining objections, seeking their written consent to the use of the procedure (regulation 3).

(b) Only if all such objectors so consent, may the confirming authority or Minister determine that the procedure should apply, and set a starting date for the procedure to commence (regulation 4).

(c) Any documents served by the acquiring authority on the remaining objectors at the time of the making or preparation in draft of the compulsory purchase order, and any letters and other documents provided to the confirming authority or Minister as objections to, or in support of, confirmation or making, are to form part of the representations to be considered (regulation 5(1) and (3)).

(d) Unless the acquiring authority elects not to do so, it may make representations in support of its application which may be disregarded if received later than 14 working days after the starting date. Such representations will be copied to each remaining objector (regulation 5(4) and (5)).

(e) Any remaining objector may make representations on authorising the proposed compulsory purchase, which may be disregarded if received later than 15 working days after the confirming authority or Minister sends a copy of the acquiring authority’s representations or notification that no further representations have been made (regulation 5(7) and (8)).

(f) In response to a remaining objector’s representations, the acquiring authority may make representations, which may be disregarded if received later than 10 working days after the confirming authority or Minister sends a copy of the remaining objectors' representations (regulation 5(10) and (11)).

(g) The confirming authority or Minister may permit representations to be made by any other person, which may be disregarded if received later than 14 working days after the starting date set for the procedure. In response to any such representations, the acquiring authority may make representations, which may be disregarded if received later than 10 working days after the confirming authority or Minister sends a copy of that other person’s representations to the acquiring authority (regulation 6).

(h) The confirming authority or Minister may extend the time limits in any particular case.

(i) The confirming authority or Minister may appoint an inspector to consider the representations, to undertake a site inspection, if appropriate, and to report in writing to the confirming authority or Minister with a recommendation (regulation 7).

(j) The inspector may at any time make a site inspection of the land the subject of the compulsory purchase order and the surrounding area. The inspector may make the inspection either unaccompanied without giving prior notice to the acquiring authority and the remaining objectors, or in the company of a representative of the acquiring authority and the remaining objectors. (regulation 8(1)). Notification of the date and time of an accompanied inspection must be sent to the acquiring authority and the remaining objectors by the confirming authority or Minister not later than 5 working days before the inspection (regulation 8(2)). The inspector need not defer an accompanied inspection where the acquiring authority’s representative or a remaining objector is not present (regulation 8(3)).

(k) The confirming authority or Minister must arrange a site inspection if within 10 working days of the starting date the acquiring authority or a remaining objector requests him to do so. (regulation 8(4)).

(l) The confirming authority or Minister will then decide whether to confirm or make the compulsory purchase order. The regulations provide for the making of a decision where the acquiring authority or a remaining objector fails to make representations within the time permitted (regulation 9).

(m) The Regulations also provide for notice to be given of the decision and the reasons for it, for the supply of copies of the inspector’s report, and for the inspection of relevant documents (regulation 10).

A Regulatory Impact Assessment has been prepared in relation to these Regulations. It has been placed in the Library of each House of Parliament and copies may be obtained from the Compulsory Purchase and Compensation Branch, Planning Directorate, Office of the Deputy Prime Minister, Eland House, Bressenden Place, London SW1E 5DU (telephone [phone]) or email [e-mail]