(This note is not part of the Regulations)

These Regulations set out the written representations procedure (the “procedure”) that may be used for deciding whether to authorise the compulsory purchase of land in Wales where the National Assembly for Wales (“the National Assembly”) is the acquiring or confirming authority and the procedures in the Acquisition of Land Act 1981 (“the Act”) apply.

Objections to the confirmation of a compulsory purchase order made under Part II of the Act (as defined in section 13A(1) of the Act) which have not been withdrawn and which may not be disregarded (“remaining objections”) can be determined by a procedure prescribed by regulations (section 13A of the Act). This is an alternative to the holding of an inquiry, provided all those having remaining objections consent in the prescribed manner.

Similarly, remaining objections to the making of a compulsory purchase order under Schedule 1 to the Act (as defined in paragraph 4A(1) of Schedule 1 to the Act) can be determined by such a procedure (paragraph 4A of Schedule 1 to the Act).

The main steps in the procedure include—

a

if the National Assembly is considering the use of the procedure, it will send a consent form (in the form set out in the Schedule to these Regulations) to all those with remaining objections, seeking their written consent to the use of the procedure (regulation 3);

b

only if all such objectors consent may the National Assembly use the procedure. It is not obliged to use the procedure, but, if it determines that the procedure should apply, it will set a starting date from which the procedure will commence (regulation 4);

c

any documents served by the acquiring authority on the remaining objectors at the time of the making or preparation in draft of a compulsory purchase order, and any letters and other documents provided to the National Assembly as objections to confirmation or making, will form part of the representations to be considered (regulation 5(1) and (2));

d

unless the acquiring authority elects not to do so, it may make representations in support of its application (which may be disregarded if received more than 14 working days after the starting date). Such representations will be copied to each remaining objector (regulation 5(4) and (5));

e

any remaining objector may make representations in response (which may be disregarded if received more than 15 working days after the National Assembly sends a copy of the acquiring authority’s representations under paragraph (d) above) (regulation 5(6) and (7));

f

in response to a remaining objector’s representations mentioned in paragraph (e) above, the acquiring authority may make further representations (which may be disregarded if received more than 10 working days after the National Assembly or, if different, the acquiring authority sends a copy of the remaining objectors' representations) (regulation 5(8) and (9));

g

the National Assembly may permit representations to be made by any other person (which may be disregarded if received more than 14 working days after the starting date set for the acquiring authority to provide its representations) (regulation 6);

h

the National Assembly has a discretion to extend the time limits in any particular case (regulation 7);

i

the National Assembly may appoint an inspector to consider the representations, to undertake a site inspection (if appropriate) and to report in writing to the National Assembly with a recommendation (regulation 8);

j

the inspector may at any time make a site inspection of the land which is the subject of the compulsory purchase order and of the surrounding area. The inspector may make the inspection unaccompanied (without giving prior notice to the acquiring authority and the remaining objectors) or in the company of a representative of the acquiring authority and the remaining objectors (regulation 9(1)). Notification of the date and time of an accompanied inspection must be sent to the acquiring authority, and the remaining objectors, by the National Assembly so as to be received not less than 5 working days before the inspection (regulation 9(2)). The inspector is not required to defer an accompanied inspection where the acquiring authority or a remaining objector is not present (regulation 9(3));

k

if, not later than 10 working days after the starting date, the acquiring authority or a remaining objector makes to the National Assembly a request for an accompanied site inspection, such an inspection must be arranged by the National Assembly (regulation 9(4));

l

the National Assembly will determine the confirmation or making of the compulsory purchase order on the basis of the written representations and any report of the inspector (regulation 10); and

m

the National Assembly will (unless it is the acquiring authority) notify the acquiring authority, and those permitted to make representations in respect of their objections, of the decision and the reasons for the decision. Any such person may apply for a copy of any report or representation taken into account; such report or representations then to be sent not later than 10 working days after receipt of the request (regulation 11).