The Compulsory Purchase of Land (Prescribed Forms) (Ministers) (Amendment) Regulations 2024
Citation, commencement and extent1.
(1)
These Regulations may be cited as the Compulsory Purchase of Land (Prescribed Forms) (Ministers) (Amendment) Regulations 2024 and come into force on 30th April 2024.
(2)
These Regulations extend to England and Wales.
Amendments to the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 20042.
(1)
(2)
In regulation 3 (prescribed forms in connection with compulsory purchase orders), in paragraph (c)—
(a)
in sub-paragraph (i)—
(i)
for “section 11(1) and paragraph 2(1)” substitute “section 11(1)(a) and paragraph 2(1)(a)”
;
(ii)
omit the “and” at the end;
(b)
“(ia)
section 11(1)(b) and paragraph 2(1)(b) of Schedule 1, the form of an appropriate website3 notice; and”.
(3)
Omit regulation 3A (review).
(4)
“Additional provisions with respect to directions where prospect of planning permission to be ignored4A.
(1)
Where, in accordance with section 15A of the Act4, an acquiring authority makes a compulsory purchase order which includes a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 19615 (cases where prospect of planning permission to be ignored), the relevant form must include the additional text set out in that form under the heading “Additional paragraph for a compulsory purchase order which includes a direction that applies section 14A of the Land Compensation Act 1961”, along with the relevant accompanying notes.(2)
Where a compulsory purchase order is confirmed with such a direction, the relevant form must include the additional text set out in that form under the heading “Additional paragraphs for a compulsory purchase order which includes a direction that applies section 14A of the Land Compensation Act 1961”, along with the relevant accompanying notes.”.
(5)
In the Schedule—
(a)
in the contents list—
(i)
in the entry for Form 7, for “and display” substitute “, online publication and affixing”
;
(ii)
in the entry for Form 12, for “Newspaper notice” substitute “Notice”
;
(b)
for each of Forms 1 to 6 substitute the corresponding new form in the Schedule to these Regulations;
(c)
for each of Forms 7 to 9 substitute the corresponding new form in the Schedule to these Regulations;
(d)
for Form 9A substitute the corresponding new form in the Schedule to these Regulations;
(e)
for each of Forms 10 to 12 substitute the corresponding new form in the Schedule to these Regulations.
Transitional provisions3.
The amendments made by regulations 2(2) and (5)(a), (c) and (e) do not apply in relation to a compulsory purchase order where the date on which either—
(a)
notice of the making of the compulsory purchase order pursuant to section 11(1) of the Acquisition of Land Act 1981, or
(b)
notice of the preparation in draft of the order pursuant to paragraph 2(1) of Schedule 1 to the Acquisition of Land Act 1981,
is first published is before 30th April 2024.
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
ScheduleSUBSTITUTED FORMS
Part 1Form 1: Compulsory purchase order (other than a clearance compulsory purchase order)
Part 2Form 2: Compulsory purchase order (other than a clearance compulsory purchase order) providing for the vesting of exchange land
Part 3Form 3: Compulsory purchase order (other than a clearance compulsory purchase order) not providing for the vesting of exchange land but providing for the discharge of rights, trusts and incidents
Part 4Form 4: Clearance compulsory purchase order
Part 5Form 5: Clearance compulsory purchase order providing for the vesting of exchange land
Part 6Form 6: Clearance compulsory purchase order not providing for the vesting of exchange land but providing for the discharge of rights, trusts and incidents
Part 7Form 7: Notice concerning a compulsory purchase order for newspaper publication, online publication and affixing on or near the land subject to the order
Part 8Form 8: Notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order
Part 9Form 9: Notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order made on behalf of a council
Part 10Form 9A: Form of statement of effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 and for giving information to the authority
Part 11Form 10: Notice of making or confirmation (other than by the acquiring authority) of a compulsory purchase order
Part 12Form 11: Notice of confirmation by an acquiring authority of a compulsory purchase order
Part 13Form 12: Newspaper notice of the giving of a certificate under section 16 or 19 of, or paragraph 3 or 6 of Schedule 3 to, the Acquisition of Land Act 1981
These Regulations amend the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004 (“the 2004 Regulations”) (S.I. 2004/2595).
Regulation 2(2) amends regulation 3(c) of the 2004 Regulations, which prescribes forms for notices given under the Acquisition of Land Act 1981 (c. 67). The amendment provides that Form 7 is the form of the newspaper notice and appropriate website notice for the purposes of section 11(1) of, and paragraph 2(1) of Schedule 1 to, that Act.
Regulation 2(3) omits regulation 3A of the 2004 Regulations, which required the Secretary of State to review the operation and effect of regulation 3(da), (db) and (e) (and the associated forms) in the 2004 Regulations and to publish a report setting out the conclusions of that review within five years of 3rd February 2017 and within every five years after that.
Regulation 2(4) inserts new regulation 4A into the 2004 Regulations. It requires the acquiring authority to include additional text in certain prescribed forms where a compulsory purchase order is made or confirmed with a direction made under section 15A of the Acquisition of Land Act 1981 (c. 67) that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (c. 33).
Regulation 2(5)(a) amends the titles of Form 7 and Form 12 in the contents of the Schedule in the 2004 Regulations.
Regulations 2(5)(b) to (e) replace Forms 1 to 9, 9A, and 10 to 12 in the 2004 Regulations with new versions of those forms contained in the Schedule to these Regulations.
The amendments made by regulation 2(2) and (5)(a), (c), and (e) do not apply to compulsory purchase orders where notice of the making or preparation in draft of the order pursuant to section 11(1) or paragraph 2(1) of Schedule 1 to the Act has been published before the day on which these Regulations come into force.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.