Local Government, Planning and Land Act 1980

Part I E+W+S Modifications of [F1 1981] and 1947 Acts

Textual Amendments

F1 Word substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115), s. 17(2)(a) and Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(2), Sch. 5 para. 1

1 E+W+S F2 ... The 1947 Act shall apply in relation to the compulsory acquisition of land under section 142 or 143 above with the modifications made by the following provisions of this Part of this Schedule F2 ...

Textual Amendments

F2 Words in Sch. 28 para. 1 repealed (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 10(5), Sch. 9 (with s. 111, Sch. 7 para. 10(6)); S.I. 2004/2593, art. 2(d)(e)

2 (1) Where a compulsory purchase order authorising the acquisition of any land is submitted to the Secretary of State in accordance with Part I of Schedule 1 then, if the Secretary of State— E+W+S

(a) is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised therein, but

(b) has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land,

he may confirm the order so far as it relates to the land mentioned in paragraph (a) above, and give directions postponing the consideration of the order, so far as it relates to any other land specified in the directions, until such time as may be so specified.

(2) Where the Secretary of State gives directions under sub-paragraph (1) above, the notices required by paragraph 6 of Schedule 1 to be published and served shall include a statement of the effect of the directions.

[F3 3 (1) Notwithstanding anything in paragraph 10 of Schedule 1, a compulsory purchase order under section 142 or 143 above authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking may be confirmed without a certificate under that paragraph. E+W+S

(2) Except where the appropriate Minister’s certificate is given, a compulsory purchase order to which this paragraph applies shall be of no effect unless it is confirmed by the appropriate Minister jointly with the Minister or Ministers who would apart from this sub-paragraph have power to confirm it.

In this sub-paragraph “the appropriate Minister’s certificate” means such a certificate as is mentioned in paragraph 10 of Schedule 1.

(3) Sections 238 to 240 of the Act of 1971 (measure of compensation for statutory undertakers) and sections 227 to 229 of the 1972 Act (which make similar provision for Scotland) shall apply in respect of a compulsory acquisition which is effected by a compulsory purchase order which by virtue of this paragraph is confirmed without a certificate.]

Textual Amendments

F3 Para 3 repealed (E.W.) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I