The Compulsory Purchase of Land (Written Representations Procedure) (Ministers) (Miscellaneous Amendments and Electronic Communications) Regulations 2018

PART 2 Miscellaneous Amendments

Amendment to regulation 2

4.  In regulation 2(1) (interpretation) of the 2004 Regulations, after “references to Schedule 1” insert “, except in the closing words of regulation 3(1),”.

Amendment to regulation 3

5.  In regulation 3(1) (consent to follow written representations procedure) of the 2004 Regulations, for “the Schedule” substitute “Schedule 1”.

Amendment to regulation 8

6.  In regulation 8(1) (site inspections) of the 2004 Regulations, after “at any time” insert “within the period of fifteen weeks beginning with the starting date”.

Insertion of new regulations 11 and 12

7.  After regulation 10 (notification of decision) of the 2004 Regulations, insert—

“Procedure following quashing of decision

11.— (1) Where a decision notified under regulation 10(1) is quashed, in full or in part, in proceedings before any court, the authorising authority must send to—

(a) the acquiring authority (where it is not the authorising authority),

(b) each remaining objector,

(c) any other person permitted to make representations under regulation 6,

a written statement of the matters with respect to which further representations are invited for the purposes of the further consideration of the compulsory purchase order by the authorising authority.

(2) On receipt of a written statement under paragraph (1), a person may—

(a) make written representations to the authorising authority in respect of the matters mentioned in the statement; or

(b) give written notice to the authorising authority of the withdrawal of any consent previously provided by that person to the use of the written representations procedure for the purposes of section 13A or (as the case may be) paragraph 4A of Schedule 1.

(3) Those persons giving notice or making representations under paragraph (2) must ensure that the notice or representations are received by the authorising authority within 3 weeks beginning with the date of the written statement sent under paragraph (1).

Application of the Regulations where a person is appointed under section 14D

12.— (1) Where a person is appointed under section 14D(1), these Regulations have effect subject to the modifications in Schedule 2.

(2) Where a person’s appointment under section 14D is revoked, these Regulations have effect without the modifications in Schedule 2 and any step taken or thing done before the revocation, which could be taken or done under the Regulations (without the modifications), is to have effect as if it had been taken or done under these Regulations (without the modifications).”.

Amendments to the Schedule

8.—(1) The Schedule to the 2004 Regulations is amended as follows.

(2) For the heading “Schedule”, substitute “Schedule 1”.

(3) In the form of consent to the written representations procedure—

(a) in the fifth paragraph, after “heard orally at an inquiry” insert “(unless the decision as to whether to [confirm][make](c) the order is subsequently quashed in proceedings before any court)”;

(b) in the seventh paragraph, for the words from “[Compulsory Purchase by Non-Ministerial” to the end of the sentence substitute “Compulsory Purchase (Inquiries Procedure) Rules 2007 (S.I. 2007/3617).”.

Insertion of new Schedule 2

9.  After Schedule 1 (as renumbered by regulation 8(2) of these Regulations) to the 2004 Regulations, insert the Schedule 2 set out in the Schedule to these Regulations.

(1)

Section 14D of the Acquisition of Land Act 1981 (c. 67) was inserted by section 181(2) of the Housing and Planning Act 2016 (c. 22).