The A66 Northern Trans-Pennine Development Consent Order 2024

Compensation enactments

2.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

(2) For section 5A(5A)(1) (relevant valuation date) of the 1961 Act substitute—

“(5A) If—

(a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 4 to the A66 Northern Trans-Pennine Development Consent Order 2024 (the “2024 Order”));

(b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A (counter notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 4 to the 2024 Order) to acquire an interest in the land; and

(c) the acquiring authority enters on and takes possession of that land,

the authority is deemed for the purposes of subsection 3(a) to have entered on that land where it entered on that land for the purpose of exercising that right.”.

(1)

Section 5A was inserted by section 103(2) of the Planning and Compulsory Purchase Act 2004 (c. 5) and amended by section 199(2) of, and paragraph 4 of Schedule 17 to, the Housing and Planning Act 2016 (c. 22). There are other amendments to section 5A which are not relevant to this Order.