These Regulations may be cited as the Compulsory Purchase of Land (Written Representations Procedure) (National Assembly for Wales) Regulations 2004 and come into force on 31 October 2004.

In these Regulations—

• “remaining objector” (“y sawl sy'n parhau i wrthwynebu”) means a person who has a remaining objection5;

• “representations” (“sylwadau”) means written representations, statements and supporting documents;

• “send” (“anfon”) means sent by pre-paid first class post addressed to the proper address6 or such alternative address as the recipient may request;

• “starting date” (“dyddiad dechrau”) means the starting date referred to in regulation 4(a);

• “statement” (“datganiad”) includes a photograph, map or plan, but excludes oral statements;

• “the submission” (“y cyflwyniad”) means the submission seeking the confirmation of a compulsory purchase order under Part II of the Acquisition of Land Act 1981 or the making of a compulsory purchase order prepared in draft under Schedule 1 to that Act; and

• “working day” (“diwrnod gwaith”) means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 19717.

References in these Regulations to sections are to sections of the Acquisition of Land Act 1981 and references to Schedule 1 are to Schedule 1 to that Act.

Where the National Assembly is the acquiring authority, the provisions of these Regulations which require any communication between the National Assembly and the acquiring authority apply with such adaptation as may be necessary.

This regulation prescribes the manner in which a remaining objector may consent to the use of the written representations procedure by the National Assembly.

In order to give consent, the remaining objector must return to the National Assembly, so as to be received no later than the date referred to in paragraph (4), the notice referred to in paragraph (3), on which the objector has indicated consent to the use of the written representations procedure.

The notice must be in the form set out in the Schedule to these Regulations or in a form substantially to the like effect.

The National Assembly must send the notice referred to in paragraph (3) to each remaining objector and such notice must be accompanied by notification of a date, which must be not less than 15 working days after the date on which the notice is sent to the objector.

If consent is not given by each remaining objector in accordance with paragraph (2), the National Assembly will, subject to paragraph (6), proceed on the basis that the written representations procedure will not apply.

If the notice referred to in paragraph (3), in which a remaining objector has indicated consent to the use of the written representations procedure, is received by the National Assembly after the date referred to in paragraph (4), the National Assembly may treat the objector as having consented to the use of the written representations procedure and, if so, may elect to proceed under that procedure if it is reasonable in all the circumstances to do so.

Where paragraph (6) applies, the National Assembly must consider what steps taken by the acquiring authority and any remaining objector or third party are to be regarded as amounting to substantial compliance with any of the remaining requirements of these Regulations and must notify all such persons accordingly.

Any statement provided by the acquiring authority to each remaining objector at the time at which it serves notice under section 12 or paragraph 3 of Schedule 1 will be taken to form part of the acquiring authority’s representations for the purposes of the written representations procedure.

The acquiring authority must provide the National Assembly with any statement of the type mentioned in paragraph (1), but any such statement may be disregarded if received by the National Assembly more than 5 working days after the starting date.

The objection made by or on behalf of a remaining objector to the National Assembly will form part of the remaining objector’s representations for the purposes of the written representations procedure and, if it has not already done so, the National Assembly must send a copy of the objection to the acquiring authority so as to be received not more than 5 working days after the starting date.

The National Assembly may disregard representations made under paragraph (4) if the representations are received by the National Assembly more than 14 working days after the starting date.

The National Assembly may disregard representations made under paragraph (6) if the representations are received by the National Assembly more than 15 working days after the National Assembly sends a copy of representations under paragraph (4)(a), or a notification under paragraph (4)(b), to the remaining objector.

The acquiring authority may make representations to the National Assembly in relation to a remaining objector’s representations made under paragraph (6)(a) or any representations made under regulation 6 below.

The National Assembly may request the acquiring authority, and each remaining objector, to provide it with additional copies of representations within such reasonable time scale as it may specify.

The National Assembly may permit representations to be made by any person who is not the acquiring authority or a remaining objector.

The National Assembly may disregard representations made pursuant to paragraph (1) where it receives such representations more than 14 working days after the starting date.

The acquiring authority may make representations to the National Assembly in relation to any representations made under paragraph (1).

The National Assembly may disregard representations made under paragraph (4) if it receives them more than 10 working days after it sent a copy of the representations under paragraph (1) to the acquiring authority.

The National Assembly may request any person making representations under paragraph (1), or the acquiring authority, to provide it with additional copies of representations within such reasonable timescale as it may specify.

In the case of an inspection under paragraph (1)(b), the National Assembly must send notification of the date and time of the inspection to the acquiring authority, and the remaining objectors, so as to be received not less than 5 working days before that date.

The inspector is not required to defer an inspection under paragraph (1)(b) where any person mentioned in that paragraph is not present at the time appointed.

If the National Assembly receives a request for an inspection from the acquiring authority or a remaining objector not later than 10 working days after the starting date, the National Assembly must arrange such an inspection.

The National Assembly may make its decision on the basis of statements made under regulation 4(d), representations provided in accordance with regulations 5 and 6 and any report prepared pursuant to regulation 8(c).

The National Assembly may, not less than 10 working days after sending to the acquiring authority, and to each remaining objector, notice of its intention to do so, make its decision notwithstanding that no representations have been provided within time limits permitted or extended under these Regulations, if it appears to the National Assembly that it has sufficient material to make a decision.

A person entitled to be notified of the decision who wishes to request an opportunity to inspect, or to receive a copy of, any report or representation considered by the National Assembly in reaching its decision must apply to the National Assembly in writing within six weeks of being notified of the decision; and, where such an application is made, the National Assembly must, as soon as reasonably practicable after receiving the request, make arrangements for the inspection to take place or, not later than 10 working days after receipt of the request, send the copy requested to that person.