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The Compulsory Purchase of Land (Prescribed Forms) (National Assembly for Wales) (Amendment) Regulations 2017

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Welsh Statutory Instruments

2017 No. 357 (W. 87)

Acquisition Of Land, Wales

The Compulsory Purchase of Land (Prescribed Forms) (National Assembly for Wales) (Amendment) Regulations 2017

Made

8 March 2017

Coming into force

6 April 2017

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 7 and 15 of, and paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981(1) and now exercisable by them(2), make the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the Compulsory Purchase of Land (Prescribed Forms) (National Assembly for Wales) (Amendment) Regulations 2017 and come into force on 6 April 2017.

(2) The amendments made by regulation 2 apply in relation to a compulsory purchase order which is made or is subject to confirmation by the Welsh Ministers on or after 6 April 2017.

Amendments to the Compulsory Purchase of Land (Prescribed Forms) (National Assembly for Wales) Regulations 2004

2.—(1) The Compulsory Purchase of Land (Prescribed Forms) (National Assembly for Wales) Regulations 2004(3) are amended as follows.

(2) In regulation 3 (prescribed forms in connection with compulsory purchase orders)—

(a)after paragraph (4) insert—

(4A) For the purposes of section 15(4)(e) of, and paragraph 6(4)(e) of Schedule 1 to, the Act, the form of the statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981(4) which must be used is Part 1 of Form 9A.

(4B) For the purposes of section 15(4)(f) of, and paragraph 6(4)(f) of Schedule 1 to, the Act, the form for giving information to the authority which must be used is Part 2 of Form 9A.;

(b)in paragraph (5) for “section 15” substitute “section 15(5)” and for “paragraph 6” substitute “paragraph 6(5)”.

(3) In the Schedule—

(a)in the contents, after the entry for Form 9, insert—

Form 9AForm of statement of effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 and for giving information to the authority;

(b)after Form 9, insert the form in Part 1 of the Schedule to these Regulations;

(c)for Form 10, substitute the form in Part 2 of the Schedule to these Regulations;

(d)for Form 11, substitute the form in Part 3 of the Schedule to these Regulations.

Lesley Griffiths

Cabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers

8 March 2017

SCHEDULE

Regulation 2(3)(b)

PART 1

Regulation 2(3)(c)

PART 2

Regulation 2(3)(d)

PART 3

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Compulsory Purchase of Land (Prescribed Forms) (National Assembly for Wales) Regulations 2004 (“the 2004 Regulations”) (S.I. 2004/2732 (W. 239)). They come into force on 6 April 2017.

Regulation 2(2) amends the 2004 Regulations to prescribe additional forms for the purposes of the Acquisition of Land Act 1981 (c. 67) (“the ALA 1981”). For the purposes of section 15(4)(e) of and paragraph 6(4)(e) of Schedule 1 to the ALA 1981, the form of the statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) is Part 1 of new Form 9A. For the purposes of section 15(4)(f) of and paragraph 6(4)(f) of Schedule 1 to the ALA 1981, the form for giving information to the acquiring authority is Part 2 of new Form 9A.

Regulation 2(3)(b) inserts new Form 9A (in Part 1 of the Schedule to these Regulations) into the Schedule to the 2004 Regulations.

Regulation 2(3)(c) replaces Form 10 in the 2004 Regulations with a new version (in Part 2 of the Schedule to these Regulations).

Regulation 2(3)(d) replaces Form 11 in the 2004 Regulations with a new version (in Part 3 of the Schedule to these Regulations).

The amendments made by regulation 2 apply in relation to a compulsory purchase order which is made by the Welsh Ministers or which is subject to confirmation by the Welsh Ministers, on or after 6 April 2017.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1981 c. 67; section 15 and paragraph 6 of Schedule 1 were inserted by sections 100(1) and (7) and 101(1) and (5) respectively of the Planning and Compulsory Purchase Act 2004 (c. 5). Sections 15(4)(e) and (f) and paragraph 6(4)(e) and (f) were inserted by paragraphs 1, 2(1) and (2), and 3(1) and (2) of Schedule 15 to the Housing and Planning Act 2016 (c. 22).

(2)

The regulation-making function of the Secretary of State under section 7(2) was transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) only so far as it was exercisable in relation to such orders as fall to be made or confirmed by the Assembly. This function was subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

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