PART 4ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Application of the Compulsory Purchase (Vesting Declarations) Act 1981I123
1
The Compulsory Purchase (Vesting Declarations) Act 198121 applies as if this Order were a compulsory purchase order.
2
The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), has effect with the following modifications.
3
In section 3 (preliminary notices), for subsection (1) there is substituted—
1
Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order the acquiring authority must include the particulars specified in subsection (3) in a notice which is—
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and
b
published in a local newspaper circulating in the area in which the land is situated.
4
In that section, in subsection (2), for “(1)(b)” there is substituted “(1)” and after “given” there is inserted “and published”.
5
In that section, for subsections (5) and (6) there is substituted—
5
For the purposes of this section, a person has a relevant interest in land if—
a
that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or
b
that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
6
In section 5 (earliest date for execution of declaration)—
a
in subsection (1), after “publication” there is inserted “in a local newspaper circulating in the area in which the land is situated”; and
b
subsection (2) is omitted.
7
In section 7 (constructive notice to treat), in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” is omitted.
8
References to the 1965 Act is to be construed as references to that Act as applied to the acquisition of land under article 21 (power to acquire land).