14ACompulsory acquisition: notice requirements

1

This section applies where the appropriate national authority has determined under section 13(1) to make an order under section 1 or 3—

a

authorising the compulsory acquisition of land in England or Wales, and

b

applying Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 to the acquisition.

2

As soon as practicable after the appropriate national authority has made the determination, the acquiring authority must give a notice to any person who, if Part 2 of the Acquisition of Land Act 1981 applied to the acquisition, would be entitled to a notice under section 12 of that Act (notice to owners, lessees and occupiers).

3

The notice must—

a

contain a statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981, and

b

invite any person who would be entitled to claim compensation if a declaration were executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 to give the acquiring authority information about the person’s name, address and interest in land, using a form set out in the notice.

4

The statement referred to in subsection (3)(a) must be the same as the relevant statement prescribed under—

a

section 15(4)(e) of the Acquisition of Land Act 1981, where the determination was made following an application, or

b

paragraph 6(4)(e) of Schedule 1 to that Act, where the determination was made otherwise than following an application,

subject to any necessary modifications.

5

The form mentioned in subsection (3)(b) must be the same as the relevant form that is prescribed under—

a

section 15(4)(f) of the Acquisition of Land Act 1981, where the determination was made following an application, or

b

paragraph 6(4)(f) of Schedule 1 to that Act, where the determination was made otherwise than following an application,

subject to any necessary modifications.

6

The acquiring authority must send a copy of the notice to the Chief Land Registrar and it shall be a local land charge in respect of the land in England or Wales to which it relates.

7

For the purposes of subsections (4) and (5), a statement or a form is “relevant”—

a

where the order under section 1 or 3 is made by the Welsh Ministers, if it was prescribed by the Welsh Ministers, or

b

where the order under section 1 or 3 is made by the Secretary of State, if it was prescribed by the Secretary of State.

8

In this section—

• the “acquiring authority” means the person authorised to carry out the compulsory acquisition, and

• the “appropriate national authority” means—

  1. a

     where an order authorises the compulsory acquisition of land wholly in England, the Secretary of State,

  2. b

     where an order authorises the compulsory acquisition of land in both England and Wales, the Secretary of State, and

  3. c

     where an order authorises the compulsory acquisition of land wholly in Wales, the Welsh Ministers.