The Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017

Interpretation E+W

2.—(1) In these Regulations—

“the Act” means the Compulsory Purchase (Vesting Declarations) Act 1981;

“relevant order” means an order which provides that the Act is to apply to the compulsory purchase of land which it authorises as if the order were a compulsory purchase order; and

“special enactment” means—

(a)

a local or private Act which authorises the compulsory purchase of land specifically identified in that Act, or

(b)

a provision which—

(i)

is contained in an Act other than a local or private Act, and

(ii)

authorises the compulsory purchase of land specifically identified in that Act.

(2) Any reference in these Regulations to a numbered form is a reference to the form bearing that number in the Schedule or to a form substantially to the same effect as that form.

(3) For the purposes of these Regulations, a compulsory purchase of land is authorised—

(a) by a compulsory purchase order, on the day on which the order is confirmed by a Minister or another authority, or made by a Minister;

(b) by an order under section 1 or 3 of the Transport and Works Act 1992(1), on the day on which the Secretary of State determines under section 13(1) of that Act to make the order;

(c) by a harbour revision order, a harbour empowerment order or a harbour closure order under the Harbours Act 1964(2), on the day on which the order is made by a Minister or a person who is designated in an order made under section 42A of that Act(3);

(d) by any other relevant order, on the day on which the order is made by a Minister; or

(e) by a special enactment(4), on the day on which the special enactment is enacted.

Commencement Information

I1 Reg. 2 in force at 3.2.2017, see reg. 1(1)

(1)

1992 c. 42. An order made under section 1 or 3 of the Transport and Works Act 1992 which authorises compulsory acquisition may provide that the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) (“the Act”) applies as if the order were a compulsory purchase order.

(2)

1964 c. 40. An order under the Harbours Act 1964 which authorises compulsory acquisition may provide that the Act applies as if the order were a compulsory purchase order.

(3)

Section 42A was inserted by section 315 of, and paragraphs 1 and 3(1) of Schedule 21 to, the Marine and Coastal Access Act 2009 (c. 23).

(4)

A special enactment may provide that the Act applies as if the enactment were a compulsory purchase order.