2017 No. 362 (W. 88)
Acquisition of Land, Wales

The Compulsory Purchase of Land (Vesting Declarations) (Wales) Regulations 2017

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 21, 4 and 6 of the Compulsory Purchase (Vesting Declarations) Act 19812 and now exercisable by them3, make the following Regulations:

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—

(a)

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

(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 Griffiths
Cabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers

SCHEDULE 1

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations prescribe forms for the purposes of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) (“the 1981 Act”) and come into force on 6 April 2017. They apply to the compulsory purchase of land in Wales.

The prescribed forms reflect the changes to the general vesting declaration procedure made by Part 7 of the Housing and Planning Act 2016 (c. 22).

Regulation 3(1)(a) provides that, for the purposes of section 4(1) of the 1981 Act, the form of a general vesting declaration is Form 1 in the Schedule to these Regulations (or a form substantially to the same effect).

Regulation 3(1)(b) provides that, for the purposes of section 6(1) of the 1981 Act, the form of notice specifying the land and stating the effect of a general vesting declaration is Form 2 in the Schedule to these Regulations (or a form substantially to the same effect).

Regulation 4 revokes with saving the Compulsory Purchase of Land (Vesting Declarations) Regulations 1990 (S.I. 1990/497) in Wales.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.