Part II Purchases By Local And Other Authorities

Confirmation of order

F114AConfirmation by acquiring authority

(1)

The power to confirm an order may be exercised by the acquiring authority (instead of the confirming authority) if—

(a)

the confirming authority has notified the acquiring authority to that effect, and

(b)

the notice has not been revoked.

(2)

But this section does not apply to an order in respect of land—

(a)

falling within section 16(1) or paragraph 3(1) of Schedule 3, or

(b)

forming part of a common, open space or fuel or field garden allotment for the purposes of section 19.

F2(2A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

The confirming authority may give notice under subsection (1) if it is satisfied—

(a)

that the notice requirements have been complied with,

(b)

that no objection has been made in relation to the proposed confirmation or that all objections have been withdrawn, and

(c)

that the order is capable of being confirmed F3—

(i)

without modification, or

(ii)

with only such modifications as are specified by the confirming authority in the notice.

(4)

An objection is an objection made by any person (whether or not a person mentioned in section 12(2)), including an objection which is disregarded.

F4(4A)

A confirming authority may specify a modification only if—

(a)

it modifies the order so as to add an additional interest in land, and the confirming authority is satisfied that the interest holder consents to the proposed modification,

(b)

it modifies the order so as to remove an interest in any land to which the order applies,

(c)

it modifies the order so as to remove part of an interest in any land to which the order applies, and the confirming authority is satisfied that the interest holder consents to the proposed modification, or

(d)

it modifies the order in such a way that no interests in land are affected.

(5)

The power to confirm an order under subsection (1) does not include any power—

(a)

to confirm the order with modifications, F5other than those specified in the notice,

(b)

to confirm only a part of the order F6, or

(c)

in a case where the notice specifies modifications, to confirm the order without those modifications.

(6)

The acquiring authority must notify the confirming authority as soon as reasonably practicable after it has determined whether or not to confirm the order.

F7(6A)

In a case where the acquiring authority has determined to confirm an order with modifications, it must, at the same time as notifying the confirming authority under subsection (6)—

(a)

provide the confirming authority with a copy of the order as modified, and

(b)

certify that the only modifications are those specified by the confirming authority.

(7)

The confirming authority may revoke a notice given by it under subsection (1).

(8)

But a notice may not be revoked if the determination has already been made and notified by the acquiring authority under subsection (6).

(9)

An order confirmed by the acquiring authority under subsection (1) is to have the same effect as if it were confirmed by the confirming authority.

(10)

Notices under this section must be in writing.

(11)

Notice requirements and disregarded must be construed in accordance with section 13.