PART 3Acquisition and Possession of Land

Powers of acquisition

Application of the 1981 Act25

1

The 1981 Act applies as if this Order were a compulsory purchase order.

2

The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

3

In section 5 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.

4

Omit section 5A26 (time limit for general vesting declaration).

5

In section 5B(1)27 (extension of time limit during challenge) for “section 23 of the Acquisition of Land 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 36 (time limit for exercise of powers of acquisition) of the Morlais Demonstration Zone Order 2021”.

6

In section 628 (notices after execution of declaration), in subsection (1)(b), for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 14A29 of the Transport and Works Act 1992”.

7

In section 730 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

8

In Schedule A131 (counter-notice requiring purchase of land not in general vesting declaration), paragraph 1(2) —

2

But see article 26(3) (power to acquire subsoil only) of the Morlais Demonstration Zone Order 2021 which excludes the acquisition of subsoil only from this Schedule.

9

References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied to the acquisition of land under article 22 (power to acquire land).