The Compulsory Purchase of Land (Written Representations Procedure) (Ministers) (Miscellaneous Amendments and Electronic Communications) Regulations 2018

Regulation 9

SCHEDULE

Regulation 12

“SCHEDULE 2 Modifications where a person is appointed under section 14D

Modification of regulation 2

1.   Regulation 2(2) (interpretation) has effect as if, after the definition of “electronic communication”, there were inserted—

““inspector” means a person appointed by a confirming authority under section 14D to act instead of it in relation to the confirmation of a compulsory purchase order;”.

Modification of regulation 2A

2.   Regulation 2A (withdrawal of consent to use of electronic communications) has effect as if, after “authorising authority”, in both places, there were inserted “or the inspector”.

Modification of regulation 4

3.   Regulation 4(d) (notification of decision to follow written representations procedure) has effect as if, for “it”, there were substituted “the inspector”.

Modification of regulation 5

4.   Regulation 5 (representations) has effect as if, after paragraph (13), there were inserted—

“(14) An inspector may act in place of the authorising authority under this regulation—

(a) to allow a longer period for the provision of an initial statement or representations;

(b) to disregard any initial statement or representations received by the authorising authority after the relevant period.”.

Modification of regulation 6

5.   Regulation 6 (third party representations) has effect as if, after paragraph (6), there were inserted—

“(7) An inspector may act in place of the authorising authority under this regulation—

(a) to allow a longer period for the provision of representations;

(b) to disregard representations received by the authorising authority after the relevant period.”.

Disapplication of regulation 7

6.   Regulation 7 (appointment of an inspector) has effect as if it were omitted.

Modification of regulation 9

7.   Regulation 9 (decision) has effect as if—

(a) in paragraph (1)—

(i) for “authorising authority” there were substituted “inspector”;

(ii) for “it”, in the first and second places it occurs, there were substituted “he”;

(b) in paragraph (2), for “its” there were substituted “the inspector’s”.

Modification of regulation 10

8.   Regulation 10 (notification of decision) has effect as if—

(a) in paragraph (1)—

(i) for “authorising authority” there were substituted “inspector”;

(ii) for “its” there were substituted “his”;

(b) paragraphs (2) and (3) were omitted;

(c) in paragraph (4)—

(i) the words “appended to the inspector’s report or otherwise” were omitted;

(ii) for “authorising authority”, in the second place it occurs, there were substituted “inspector”;

(iii) for “its” there were substituted “his”.

Modification of regulation 11

9.   Regulation 11 (procedure following quashing of decision) has effect as if there were substituted—

“Procedure following quashing of decision

11.— (1) Where a decision notified under regulation 10(1) is quashed, in full or in part, in proceedings before any court, the authorising authority must send to—

(a) the acquiring authority,

(b) each remaining objector,

(c) any other person permitted to make representations under regulation 6,

a written statement of the matters with respect to which further representations are invited for the purposes of the further consideration of the compulsory purchase order by an inspector (who may or may not be the inspector who made the decision originally notified under regulation 10(1)).

(2) On receipt of a written statement under paragraph (1), a person may—

(a) make written representations to the inspector in respect of the matters mentioned in the statement; or

(b) give written notice to the inspector of the withdrawal of any consent previously provided by that person to the use of the written representations procedure for the purposes of section 13A or (as the case may be) paragraph 4A of Schedule 1.

(3) Those persons giving notice or making representations under paragraph (2) must ensure that the notice or representations are received by the authorising authority within 3 weeks beginning with the date of the written statement sent under paragraph (1).”.”