Title, commencement and application1

1

The title of these Regulations is the Compulsory Purchase of Land (Vesting Declarations) (Wales) Regulations 2017 and they come into force on 6 April 2017.

2

These Regulations apply in relation to the compulsory purchase of land in Wales.

Interpretation2

1

In these Regulations—

  • “the Act” (“y Ddeddf”) means the Compulsory Purchase (Vesting Declarations) Act 1981;

  • “relevant order” (“gorchymyn perthnasol“) means an order which provides that the Act is to apply to the compulsory purchase of land which it authorises as if the order were a compulsory purchase order; and

  • “special enactment” (“deddfiad arbennig”) means—

    1. a

      a local or private Act which authorises the compulsory purchase of land specifically identified in that Act, or

    2. b

      a provision which—

      1. i

        is contained in an Act other than a local or private Act, and

      2. ii

        authorises the compulsory purchase of land specifically identified in that Act.

2

For the purposes of these Regulations, a compulsory purchase is authorised—

a

by a compulsory purchase order, on the day on which the order is confirmed by a Minister or the Welsh Ministers or another authority, or made by a Minister or the Welsh Ministers;

b

by an order under section 1 or 3 of the Transport and Works Act 19924, on the day on which the Secretary of State or the Welsh Ministers determine under section 13(1) of that Act to make the order;

c

by a harbour revision order, a harbour empowerment order or a harbour closure order under the Harbours Act 19645, on the day on which the order is made by the appropriate Minster6 or the Welsh Ministers or a person who is designated in an order made under section 42A7 of that Act;

d

by any other relevant order, on the day on which the order is made by a Minister or the Welsh Ministers; or

e

by a special enactment8, on the day on which the special enactment is enacted.

Prescribed forms in connection with general vesting declarations3

1

In relation to a compulsory purchase of land which is authorised on or after 6 April 2017—

a

for the purposes of section 4(1) of the Act, the prescribed form of general vesting declaration is Form 1;

b

for the purposes of section 6(1) of the Act, the prescribed form of notice specifying the land and stating the effect of a general vesting declaration is Form 2.

2

The references in this regulation to a numbered form are references to the form bearing that number in the Schedule or to a form substantially to the same effect as that form.

Revocation and saving4

1

Subject to paragraph (2), the Compulsory Purchase of Land (Vesting Declarations) Regulations 19909 are revoked in relation to Wales.

2

The Regulations mentioned in paragraph (1) continue to have effect in relation to a compulsory purchase of land which is authorised before 6 April 2017.

Lesley GriffithsCabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers