PART 2 ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

5 Application of the Compulsory Purchase (Vesting Declarations) Act 1981
1 The Compulsory Purchase (Vesting Declarations) Act 1981 applies as if this Order were a compulsory purchase order.
1981 c. 66.
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) substitute—

“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.”

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4 In that section, in subsection (2), for “(l)(b)” substitute “(1)”, and after “given” insert “and published”.
5 In that section, for subsections (5) and (6) substitute—

“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.”

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6 In section 5 (earliest date for execution of declaration)—
(a) in subsection (1), after “publication” insert “in a local newspaper circulating in the area in which the land is situated”; and
(b) omit subsection (2).
7 In section 7 (constructive notice to treat) in subsection (l)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.
8 References to the 1965 Act are to be construed as references to that Act as applied to the acquisition of land under article 3 (power to acquire land).