SCHEDULES

SCHEDULE 4E+W Procedure for Authorising Compulsory Acquisitions

Part I E+W

Acquisitions by development corporations and local highway authoritiesE+W

2(1)After submitting the order to the Secretary of State, the acquiring authority—E+W

(a)shall publish a notice in the prescribed form describing the land, stating that an order authorising the compulsory acquisition of that land has been submitted to the Secretary of State, naming a place where a copy of the order and of the map and any annexed descriptive matter may be seen at any reasonable hour, and specifying the time (not being less than 28 days from the first local advertisement) within which, and the manner in which, objections to the order may be made, and

(b)if the Secretary of State so directs in the case of the order in question, shall serve on every owner of any of the land to which the order relates a notice to the like effect as the notice required to be published under head (a) above,

except that head (b) above shall not apply if the order relates only to land within the area of a new town.

(2)The notice required to be published by sub-paragraph (1)(a) above shall be published—

(a)in the case of such an order as is described in the exception to sub-paragraph (1) above, and in any other case where service on owners is not effected under head (b) of that sub-paragraph, by publishing that notice—

(i)in the London Gazette, and

(ii)in each of two successive weeks, in one or more newspapers circulating in the locality in which the land to which the order relates is situated, and

(iii)by affixing a copy, addressed to “the owners and any occupiers” of the land (describing it), to some conspicuous object or objects on the land;

(b)where service on owners is effected under that head (b), by publishing it in one or more newspapers circulating in the locality in which the land to which the order relates is situated.

(3)Publication and, if applicable, service in accordance with the foregoing provisions of this paragraph shall be effected—

(a)in the case of an order relating only to land within the area of a new town, as soon as may be after the order has been submitted;

(b)in any other case, as soon as may be after the order has been submitted and any direction of the Secretary of State as to service on owners under sub-paragraph (1)(b) above has been given or he has notified the acquiring authority that he does not propose to give such a direction.

(4)In this paragraph “the first local advertisement”, in relation to a notice, means the first publication of the notice in a newspaper circulating in the locality where the land to which the notice relates is situated, and includes, in relation to a notice so published once only, the publication of that notice.