346Power of personal representative to serve blight notice(1)

Where a person claims that the conditions in subsection (3) are met, the person may serve a blight notice under this section on an appropriate authority.

(2)

Regulations must specify the form of the blight notice.

(3)

The conditions are that—

(a)

the whole or part of a hereditament or agricultural unit consists of blighted land,

(b)

the person is the personal representative of a person (“the deceased”) who immediately before death was entitled to an interest in that hereditament or unit,

(c)

the interest would have been a qualifying interest if a notice under section 324 had been served in respect of it immediately before the death,

(d)

one of the following applies—

(i)

the person has made reasonable endeavours to sell that interest and, because the hereditament, unit or part consisted or was likely to consist of blighted land, has been unable to sell the qualifying interest except at a reduced price,

(ii)

the land falls within paragraph 18, 19, 21, 23, 25 or 27 of Schedule 19 and the powers of compulsory acquisition remain exercisable, or

(iii)

the land falls within paragraph 24 or 26 of Schedule 19, and

(e)

one or more individuals (and not any body corporate) are beneficially entitled to that interest.

(4)

In subsection (3)(d)(i) “reduced price” means a price that is substantially lower than that for which the interest might reasonably have been expected to sell if no part of the hereditament or unit consisted, or were likely to consist, of blighted land.

(5)

The blight notice must be served in respect of what was the whole of the deceased’s interest in the hereditament or unit (whether that interest was in the whole or part of the hereditament or unit).