Part II

Execution of Declaration

Preliminary notices.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution of declaration.
4
1
The acquiring authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form vesting the land in themselves from the end of such period as may be specified in the declaration (not being less than 3 months from the date on which the service of notices required by section 6 below is completed).
1A
But an acquiring authority may not execute a declaration in respect of land if they have served a notice to treat in respect of that land and have not withdrawn it.
1B
In subsection (1A) the reference to an authority having “served” a notice does not include cases in which the authority is deemed to have served a notice.
2
For the purposes of this Act a certificate by the acquiring authority that the service of notices required by section 6 below was completed on a date specified in the certificate shall be conclusive evidence of the fact so stated.
3
For the purposes of this Act the “
vesting date
” in relation to any land that is actually specified in a general vesting declaration is—
a
the first day after the end of the period specified in the declaration in accordance with subsection (1) above, or
b
if a counter-notice is served under paragraph 2 of Schedule A1 within that period in relation to land, the day determined as the vesting date for the land in accordance with that Schedule.
4
For the purposes of this Act, the “vesting date” for any land that is deemed to have been specified in a general vesting declaration by Schedule A1 is the day determined as the vesting date for the land in accordance with that Schedule.

Earliest date for execution of declaration.
5
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
A declaration under section 4 above shall not be executed before the compulsory purchase order has come into operation, and this subsection applies in particular where the compulsory purchase order is subject to special parliamentary procedure and therefore does not come into operation in accordance with section 26(1) of the Acquisition of Land Act 1981 or any corresponding provision of the relevant enactments.

Time limit for general vesting declaration
5A
1
A general vesting declaration may not be executed after the end of the
applicable period
beginning with the day on which the compulsory purchase order becomes operative.
2
The applicable period is—
a
3 years, or
b
such longer period as is specified in the order for the purposes of this section.

Extension of time limit during challenge
5B
1
If an application is made under section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the
applicable period for the purposes of
section 5A is to be extended by—
a
a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or
b
if shorter, one year.
2
An application is not finally determined for the purposes of subsection (1)(a) if an appeal in respect of the application—
a
could be brought (ignoring any possibility of an appeal out of time with permission), or
b
has been made and not withdrawn or finally determined.

Notices after execution of declaration.
6
1
As soon as may be after executing a general vesting declaration the acquiring authority shall serve—
a
on every occupier of any of the land specified in the declaration (other than land in which there subsists a minor tenancy or a long tenancy which is about to expire), and
b
on every other person who has given information to the acquiring authority with respect to any of that land in pursuance of the invitation published and served under section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981,
a notice in the prescribed form specifying the land and stating the effect of the declaration.
2
Section 329 of the Town and Country Planning Act 1990 (service of notices) shall apply as if this section formed part of that Act.
1981 c. 67.
Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 52(2)
1990 c. 8.
S. 4(1A)(1B) inserted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 185, 216(3); S.I. 2017/75, reg. 3(d) (with reg. 5)
S. 4 excluded (26.2.2015) by The Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015 (S.I. 2015/147), arts. 1, 20(1)
S. 5 applied (with modifications) (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2011 2013 (S.I. 2013/680), art. 21(6)
S. 4 excluded (16.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 3, 20(1)(b) (with arts. 7, 20(2))
S. 5(1) omitted (3.2.2017 for specified purposes, 6.4.2017 in so far as not already in force) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 15 para. 6; S.I. 2017/75, reg. 3(j) (with reg. 5); S.I. 2017/281, reg. 4(j) (with reg. 8(2))
S. 4 excluded (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 26(b) (with art. 37)
S. 4 excluded (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 21(b) (with art. 33)
S. 4 excluded (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), arts. 1, 20(1)(b)
S. 4 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 15(b) (with art. 26)
S. 3 omitted (3.2.2017 for specified purposes, 6.4.2017 in so far as not already in force) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 15 para. 5; S.I. 2017/75, reg. 3(j) (with reg. 5); S.I. 2017/281, reg. 4(j) (with reg. 8(2))
Words in s. 5A renumbered as s. 5A(1) (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 185(3)(a)(i), 255(7) (with s. 247); S.I. 2024/92, reg. 2(l) (with reg. 6(1))
S. 4 excluded (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 19(1)(b) (with art. 30)
Words in s. 6(1)(b) substituted (3.2.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 15 para. 7; S.I. 2017/75, reg. 3(j) (with reg. 5); S.I. 2017/281, reg. 4(j) (with reg. 8(2))
S. 4 excluded (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), arts. 1, 22(1)(b) (with arts. 5, 44)
S. 4 excluded (13.7.2022) by The A47 Blofield to North Burlingham Development Consent Order 2022 (S.I. 2022/738), arts. 1, 26(1)(b) (with arts. 4, 50)
S. 4 excluded (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 20(1)(b)
S. 4 excluded (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), arts. 1, 31(1)(b) (with art. 44)
S. 5A inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 182(2), 216(3); S.I. 2016/733, reg. 3(i) (with reg. 7)
S. 4 excluded (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), arts. 1, 16(b)
S. 4 restricted (30.6.2022) by The Network Rail (Essex and Others Level Crossing Reduction) Order 2022 (S.I. 2022/651), arts. 1, 27(1)(b) (with art. 27(2))
S. 4 excluded (30.9.2015) by The Network Rail (Blackthorn and Piddington) (Land Acquisition) Order 2015 (S.I. 2015/1684), arts. 1, 12(1)(b)
S. 4 restricted (2.8.2022) by The Network Rail (Oxford Station Phase 2 Improvements (Land Only)) (No. 2) Order 2022 (S.I. 2022/872), arts. 1(1), 13(1)(b)
S. 5A(2) inserted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 185(3)(a)(iii), 255(7) (with s. 247); S.I. 2024/92, reg. 2(l) (with reg. 6(1))
S. 4(3)(4) substituted for s. 4(3) (3.2.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 18 para. 2; S.I. 2017/75, reg. 3(k) (with reg. 5)
Words in s. 4(1) substituted (3.2.2017) by Housing and Planning Act 2016 (c. 22), ss. 184, 216(3); S.I. 2017/75, reg. 3(d) (with reg. 5)
S. 5B inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 202(2), 216(3); S.I. 2016/733, reg. 3(l) (with reg. 9)
Words in s. 5B(1) substituted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 185(3)(b), 255(7) (with s. 247); S.I. 2024/92, reg. 2(l) (with reg. 6(1))
Words in s. 5A(1) substituted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 185(3)(a)(ii), 255(7) (with s. 247); S.I. 2024/92, reg. 2(l) (with reg. 6(1))
S. 4 restricted (1.4.2015) by The Knottingley Power Plant Order 2015 (S.I. 2015/680), arts. 1, 20(1)(b) (with Sch. 8 para. 10)
S. 4 excluded (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 27(1)(b) (with arts. 51, 53)
S. 4 excluded (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 25(1)(b) (with arts. 51, 57)
S. 4 restricted (2.8.2022) by The Network Rail (Oxford Station Phase 2 Improvements (Land Only)) Order 2022 (S.I. 2022/871), arts. 1(1), 13(1)(b)