The Compulsory Purchase of Land Regulations 1994

Citation and commencement

1.  These Regulations may be cited as the Compulsory Purchase of Land Regulations 1994, and shall come into force on 1st October 1994.

Interpretation

2.  In these Regulations—

“the Act” means the Acquisition of Land Act 1981;

“clearance compulsory purchase order” means a compulsory purchase order made pursuant to section 290 of the Housing Act 1985(1);

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990(2);

“the Planning Act” means the Town and Country Planning Act 1990(3);

and any reference to a numbered form is a reference to the form bearing that number in the Schedule hereto, or a form adapted therefrom as required to meet the circumstances of a particular case, or to a form substantially to the like effect as that form, whether adapted or not.

Prescribed forms in connection with compulsory purchase orders

3.  The prescribed forms in relation to the provisions of the Act mentioned below are as follows—

(a) for the purposes of section 10, the form of compulsory purchase order (other than a clearance compulsory purchase order) shall be—

(i) Form 1; or

(ii) if the order provides for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3 (commons, open spaces etc.), Form 2; or

(iii) if the order does not provide for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section or paragraph, Form 3;

(b) for the purposes of section 10, the form of a clearance compulsory purchase order shall be—

(i) Form 4; or

(ii) if the order provides for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3 (commons, open spaces etc.), Form 5; or

(iii) if the order does not provide for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section or paragraph, Form 6;

(c) for the purposes of section 11(1) and paragraph 2(1) of Schedule 1, the form of newspaper notice shall be Form 7;

(d) subject to regulation 4 below, for the purposes of section 12(1) and paragraph 3(1) of Schedule 1, the form of notice to owners, lessees and occupiers shall be Form 8, or if the order is made on behalf of a council, Form 9;

(e) for the purposes of section 15 and paragraph 6 of Schedule 1, the form of notice of making (in the case of an order made by a Minister) or notice of confirmation of a compulsory purchase order in the case of an order confirmed by a Minister shall be Form 10;

(f) for the purposes of section 22 and paragraph 9 of Schedule 3, the form of newspaper notice stating that a certificate has been given under section 16 or 19 of, or paragraph 3 or 6 of Schedule 3 to, the Act shall be Form 11.

Additional provisions with respect to listed buildings

4.  Where a compulsory purchase order is made under section 47 of the Listed Buildings Act (compulsory acquisition of listed buildings in need of repair), there shall be included in Form 8, after the end of paragraph 2, the additional paragraphs set out after the notes to that Form, as follows—

(a) the additional paragraph numbered 3 shall be included in every case;

(b) the additional paragraph numbered 4 shall be included in any case where the notice is required by section 50(3) of the Listed Buildings Act (minimum compensation in the case of a building deliberately left derelict) to include a statement that the authority or Minister has included a direction for minimum compensation;

(c) the additional paragraph numbered 5 shall be included in every case;

and the remaining paragraphs shall be re-numbered as necessary.

Revocation

5.  The Compulsory Purchase of Land Regulations 1990(4) are hereby revoked.

Signed by authority of the Secretary of State for the Environment

Paul Beresford

Parliamentary Under-Secretary of State,

Department of the Environment

5th August 1994

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under-Secretary of State, Welsh Office

11th August 1994