The Compulsory Purchase of Land (Prescribed Forms) (National Assembly for Wales) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations re-enact, with amendments, the Compulsory Purchase of Land Regulations 1994 (S.I. 1994/2145) by prescribing forms for use in connection with the compulsory purchase of land which is, and the compulsory purchase of new rights over land which are, subject to the procedures contained in the Acquisition of Land Act 1981 (“the 1981 Act”) where the acquiring or confirming authority is the National Assembly for Wales (“the National Assembly”).

The amendments take account of the legislative changes in the Planning and Compulsory Purchase Act 2004 (c. 5) and make further minor drafting changes.

The main features of those amendments are to provide—

(a) prescribed forms for an extended category of person (referred as a “qualifying person”) who is to be served with notice of the making of a compulsory purchase order (section 12(1) of the 1981 Act). The prescribed forms are amended to provide for the inclusion of this extended category in the Schedule to a compulsory purchase order (Forms 1 to 6);

(b) a prescribed form for a notice of the making or preparation in draft of a compulsory purchase order which is to be affixed to a conspicuous object or objects on or near the land comprised in the order (section 11(3) of, and paragraph 2(3) of Schedule 1 to, the 1981 Act) (Form 7). This is the same prescribed form as for the newspaper notice advertising the compulsory purchase order;

(c) a prescribed form for a notice of the National Assembly’s confirmation or making of a compulsory purchase order which is to be affixed to a conspicuous object or objects on or near the land comprised in the compulsory purchase order (section 15(1)(b) of, and paragraph 6(1)(b) of Schedule 1 to, the 1981 Act) (Form 10). This is the same prescribed form as for the newspaper notice advertising the confirmation or making of the compulsory purchase order; and

(d) a prescribed form for a notice of confirmation when the acquiring authority confirms an unopposed compulsory purchase order following notification by the National Assembly in accordance with section 14A of the 1981 Act (Form 11).

The forms contained in the Schedule to these Regulations enable an acquiring authority to use the Welsh and/or English language as that authority considers appropriate.