Acquisition of Land Act 1981

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

Powers of the court.

13A

• (1) This section applies to the confirmation of a compulsory purchase order if a relevant objection is made which is neither—

• (a) withdrawn, nor

• (b) disregarded,

(a remaining objection).

• (2) The confirming authority may proceed under the written representations procedure—

• (a) if the order is not subject to special parliamentary procedure,

• (b) in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and

• (c) if every person who has made a remaining objection consents in the prescribed manner.

• (3) If subsection (2) does not apply or if the confirming authority decides not to proceed under that subsection, it must either—

• (a) cause a public local inquiry to be held, or

• (b) give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose.

• (4) If a person who has made a remaining objection takes the opportunity to appear before a person appointed under subsection (3)(b) the confirming authority must give the acquiring authority and any other person it thinks appropriate the opportunity to be heard at the same time.

• (5) The confirming authority may confirm the order with or without modifications if it has considered the objection and either —

• (a) it has followed the written representations procedure, or

• (b) in a case which falls within subsection (3), if an inquiry was held or a person was appointed under subsection (3)(b), it has considered the report of the person who held the inquiry or who was so appointed.

• (6) The written representations procedure is such procedure as is prescribed for the purposes of this section including provision affording an opportunity to—

• (a) every person who has made a remaining objection,

• (b) the acquiring authority, and

• (c) any other person the confirming authority thinks appropriate,

to make written representations as to whether the order should be confirmed.

• (1A) The confirming authority must cause a public local inquiry to be held if—

• (a) the order is subject to special parliamentary procedure, or

• (b) in the case of an order to which section 16 applies, a certificate has been given under subsection (2) of that section.

• (1B) If subsection (1A) does not apply, the confirming authority must either—

• (a) cause a public local inquiry to be held, or

• (b) follow the representations procedure.

• (1C) In deciding between those options, the confirming authority must have regard to the scale and complexity of what is proposed by the order.

• (1D) The representations procedure is a procedure to be prescribed.

• (1E) The regulations prescribing the procedure must include—

• (a) provision enabling each person who has made a remaining objection to make representations—

• (i) in writing to the confirming authority, or

• (ii) if the person so requests, at a hearing, and

• (b) provision enabling the acquiring authority, and any other person the confirming authority thinks appropriate, to make representations—

• (i) in writing to the confirming authority, or

• (ii) if applicable, at a hearing held as mentioned in paragraph (a)(ii).

• (1F) The regulations may provide for hearings to be held by the confirming authority or by a person appointed by the confirming authority.

• (1G) In subsection (1E), “representations” means representations as to whether the order should be confirmed.

• (1H) Before confirming the order, the confirming authority must consider—

• (a) each remaining objection;

• (b) if a public local inquiry was held, the report of the person who held it;

• (c) if the representations procedure was followed and the confirming authority held a hearing, the representations made at the hearing;

• (d) if the representations procedure was followed and a person appointed by the confirming authority held a hearing, the report of that person;

• (e) if the representations procedure was followed and written representations were made, those representations.

• (1I) The confirming authority may confirm the order with or without modifications.

• (7) Relevant objection and disregarded must be construed in accordance with section 13.

13B

• (1) This section applies where the confirming authority decides under section 13A to follow the written representations procedure.

• (2) The confirming authority may make orders as to the costs of the parties to the written representations procedure, and as to which party must pay the costs.

• (3) An order under subsection (2) may be made a rule of the High Court on the application of any party named in the order.

• (4) The costs incurred by the confirming authority in connection with the written representations procedure must be paid by the acquiring authority, if the confirming authority so directs.

• (5) The confirming authority may certify the amount of its costs, and any amount so certified and directed to be paid by the acquiring authority is recoverable summarily by the confirming authority as a civil debt.

• (6) Section 42(2) of the Housing and Planning Act 1986 (recovery of Minister’s costs in connection with inquiries) applies to the written representations procedure as if the procedure is an inquiry specified in section 42(1) of that Act.

• (7) Regulations under section 13A(6) 13A(1D) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.

13C

• (1) The confirming authority may confirm an order (with or without modifications) so far as it relates to part of the land comprised in the order (the “relevant part”) if each of the conditions in subsection (2) is met.

• (2) The conditions are—

• (a) the confirming authority is satisfied that the order ought to be confirmed so far as it relates to the relevant part but has not for the time being determined whether the order ought to be confirmed so far as it relates to the remaining part;

• (b) the confirming authority is satisfied that the notice requirements have been complied with.

• (3) If there is a remaining objection in respect of the order, the confirming authority may only act under subsection (1) after complying with section 13A(2) or (3) 13A(1A) or (1B) (as the case may be).

• (4) But it may act under subsection (1) without complying with those provisions if it is satisfied that all remaining objections relate solely to the remaining part of the land.

• (5) If the confirming authority acts under subsection (1)—

• (a) it must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction;

• (b) the order so far as it relates to each part of the land must be treated as a separate order.

• (6) The notices to be published, affixed and served under section 15 must include a statement as to the effect of the direction given under subsection (5)(a).

• (7) Notice requirements must be construed in accordance with section 13.

• (8) Remaining objection must be construed in accordance with section 13A.

Consequential amendments, transitionals and repeals.

Statutory undertakers’ land excluded from compulsory purchase.

Consequential amendments, transitionals and repeals.

Consequential amendments, transitionals and repeals.

4A

• (1) This paragraph applies to the making of a compulsory purchase order if a relevant objection is made which is neither—

• (a) withdrawn, nor

• (b) disregarded,

(a remaining objection).

• (2) The appropriate authority may proceed under the written representations procedure—

• (a) if the order is not subject to special parliamentary procedure;

• (b) in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and

• (c) if every person who has made a remaining objection consents in the prescribed manner.

• (3) If sub-paragraph (2) does not apply or if the appropriate authority decides not to proceed under that sub-paragraph, it must either—

• (a) cause a public local inquiry to be held, or

• (b) give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the appropriate authority for the purpose.

• (4) If a person who has made a remaining objection takes the opportunity to appear before a person appointed under sub-paragraph (3)(b) the appropriate authority must give any other person it thinks appropriate the opportunity to be heard at the same time.

• (5) The Minister may make the order with or without modifications if—

• (a) the appropriate authority has considered the objection, and

• (b) one of the conditions in sub-paragraph (6) is satisfied.

• (6) The conditions are—

• (a) the appropriate authority has followed the written representations procedure;

• (b) in a case which falls within sub-paragraph (3), if an inquiry was held or a person was appointed under sub-paragraph (3)(b), the appropriate authority has considered the report of the person who held the inquiry or who was so appointed.

• (7) The written representations procedure is such procedure as is prescribed for the purposes of this paragraph including provision affording an opportunity to—

• (a) every person who has made a remaining objection, and

• (b) any other person the appropriate authority thinks appropriate,

to make written representations as to whether the order should be made.

• (8) Regulations under sub-paragraph (7) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.

• (1A) The appropriate authority must cause a public local inquiry to be held if—

• (a) the order is subject to special parliamentary procedure, or

• (b) in the case of an order to which section 16 applies, a certificate has been given under subsection (2) of that section.

• (1B) If sub-paragraph (1A) does not apply, the appropriate authority must either—

• (a) cause a public local inquiry to be held, or

• (b) proceed under the representations procedure.

• (1C) In deciding between those options, the appropriate authority must have regard to the scale and complexity of what is proposed by the draft order.

• (1D) The representations procedure is a procedure to be prescribed.

• (1E) The regulations prescribing the procedure must include provision—

• (a) enabling each person who has made a remaining objection to make representations—

• (i) in writing to the appropriate authority, or

• (ii) if the person so requests, at a hearing, and

• (b) enabling the Minister, and any other person the appropriate authority thinks appropriate, to make representations—

• (i) in writing to the appropriate authority, or

• (ii) if applicable, at a hearing held as mentioned in paragraph (a)(ii).

• (1F) The regulations may provide for hearings to be held by the appropriate authority or by a person appointed by the appropriate authority.

• (1G) In sub-paragraph (1E), “representations” means representations as to whether the order should be made.

• (1H) Before the Minister makes the order, the appropriate authority must consider—

• (a) each remaining objection;

• (b) if a public local inquiry was held, the report of the person who held it;

• (c) if the representations procedure was followed and the appropriate authority held a hearing, the representations made at the hearing;

• (d) if the representations procedure was followed and a person appointed by the appropriate authority held a hearing, the report of that person;

• (e) if the representations procedure was followed and written representations were made, those representations.

• (1I) The Minister may make the order with or without modifications.

• (1J) Regulations under sub-paragraph (1D) may include provision as to the giving of reasons for decisions taken by the appropriate authority in cases where the representations procedure is followed.

• (9) Expressions used in this paragraph and in paragraph 4 must be construed in accordance with paragraph 4.

4B

• (1) The Minister may make an order (with or without modifications) so far as it relates to part of the land comprised in the draft order (the “relevant part”) if each of the conditions in sub-paragraph (2) is met.

• (2) The conditions are—

• (a) the Minister or, if there is a remaining objection in respect of the order, the appropriate authority is satisfied that the order ought to be made so far as it relates to the relevant part but has not for the time being determined whether the order ought to be made so far as it relates to the remaining part;

• (b) the Minister is satisfied that the notice requirements have been complied with.

• (3) If there is a remaining objection in respect of the order, the Minister may only act under sub-paragraph (1) after the appropriate authority has complied with paragraph 4A(2) or (3) 4A(1A) or (1B) (as the case may be).

• (4) But he may act under sub-paragraph (1) without the appropriate authority having complied with those provisions if he is satisfied that all remaining objections relate solely to the remaining part of the land.

• (5) If the Minister acts under sub-paragraph (1)—

• (a) he must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction;

• (b) the order so far as it relates to each part of the land must be treated as a separate order.

• (6) The notices to be published, affixed and served under paragraph 6 must include a statement as to the effect of the direction given under sub-paragraph (5)(a).

• (7) Expressions used in this paragraph and in paragraph 4 or 4A must be construed in accordance with paragraph 4 or 4A (as the case may be).

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

5A

• (1) This section applies to information about land in relation to which an acquiring authority is entitled to exercise a power of compulsory purchase.

• (2) The acquiring authority may serve a notice on a person mentioned in subsection (4) requiring him to give to the authority in writing the following information—

• (a) the name and address of any person he believes to be an owner, lessee, tenant (whatever the tenancy period) or occupier of the land;

• (b) the name and address of any person he believes to have an interest in the land.

• (3) The power in subsection (2) is exercisable for the purpose of enabling the acquiring authority to acquire the land.

• (4) The persons are—

• (a) the occupier of the land;

• (b) any person who has an interest in the land either as freeholder, mortgagee or lessee;

• (c) any person who directly or indirectly receives rent for the land;

• (d) any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it.

• (5) The notice must specify the period within which the information must be given to the acquiring authority (being a period of not less than 14 days beginning with the day on which the notice is served).

• (6) The notice must also specify or describe—

• (a) the land,

• (b) the compulsory purchase power, and

• (c) the enactment which confers the power.

• (7) The notice must be in writing.

• (8) Section 6(4) does not apply to notices to be served under this section.

5B

• (1) A person commits an offence if he fails without reasonable excuse to comply with a notice served on him under section 5A.

• (2) A person commits an offence if, in response to a notice served on him under section 5A—

• (a) he gives information which is false in a material particular, and

• (b) when he does so, he knows or ought reasonably to know that the information is false.

• (3) If an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

• (a) a director, manager, secretary or other similar officer of the body corporate, or

• (b) a person purporting to act in any such capacity,

he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.

• (4) The reference in subsection (3) to a director must be construed in accordance with section 331(2) of the Town and Country Planning Act 1990.

• (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

14A

• (1) The power to confirm an order may be exercised by the acquiring authority (instead of the confirming authority) if—

• (a) the confirming authority has notified the acquiring authority to that effect, and

• (b) the notice has not been revoked.

• (2) But this section does not apply to an order in respect of land—

• (a) falling within section 16(1) or paragraph 3(1) of Schedule 3, or

• (b) forming part of a common, open space or fuel or field garden allotment for the purposes of section 19.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The confirming authority may give notice under subsection (1) if it is satisfied—

• (a) that the notice requirements have been complied with,

• (b) that no objection has been made in relation to the proposed confirmation or that all objections have been withdrawn, and

• (c) that the order is capable of being confirmed —

• (i) without modification, or

• (ii) with only such modifications as are specified by the confirming authority in the notice.

• (4) An objection is an objection made by any person (whether or not a person mentioned in section 12(2)), including an objection which is disregarded.

• (4A) A confirming authority may specify a modification only if—

• (a) it modifies the order so as to add an additional interest in land, and the confirming authority is satisfied that the interest holder consents to the proposed modification,

• (b) it modifies the order so as to remove an interest in any land to which the order applies,

• (c) it modifies the order so as to remove part of an interest in any land to which the order applies, and the confirming authority is satisfied that the interest holder consents to the proposed modification, or

• (d) it modifies the order in such a way that no interests in land are affected.

• (5) The power to confirm an order under subsection (1) does not include any power—

• (a) to confirm the order with modifications, other than those specified in the notice,

• (b) to confirm only a part of the order , or

• (c) in a case where the notice specifies modifications, to confirm the order without those modifications.

• (6) The acquiring authority must notify the confirming authority as soon as reasonably practicable after it has determined whether or not to confirm the order.

• (6A) In a case where the acquiring authority has determined to confirm an order with modifications, it must, at the same time as notifying the confirming authority under subsection (6)—

• (a) provide the confirming authority with a copy of the order as modified, and

• (b) certify that the only modifications are those specified by the confirming authority.

• (7) The confirming authority may revoke a notice given by it under subsection (1).

• (8) But a notice may not be revoked if the determination has already been made and notified by the acquiring authority under subsection (6).

• (9) An order confirmed by the acquiring authority under subsection (1) is to have the same effect as if it were confirmed by the confirming authority.

• (10) Notices under this section must be in writing.

• (11) Notice requirements and disregarded must be construed in accordance with section 13.

Local authority and statutory undertakers’ land.

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

Application of Act.

Procedure for authorisation.

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

2A

• (1) A compulsory purchase order may provide that in the following provisions, a reference to land (however expressed) does not include specified land that is at least 9 metres or more below the surface.

• (2) The provisions mentioned in subsection (1) are—

• (a) Schedule 2A of the Compulsory Purchase Act 1965 (objection to division of land),

• (b) any substituted version of that Schedule that applies by virtue of provision made by or under any Act, and

• (c) Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (objection to division of land).

Local authority and statutory undertakers’ land.

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

14B

• (1) The Secretary of State must publish one or more timetables in relation to steps to be taken by confirming authorities, other than the Welsh Ministers, in confirming a compulsory purchase order.

• (2) Different timetables may be published in relation to—

• (a) different confirming authorities, or

• (b) different types of compulsory purchase order.

• (3) The Secretary of State may at any time revise a timetable published under this section.

• (4) The validity of an order is not affected by any failure to comply with a timetable published under this section.

• (5) The Secretary of State must lay before Parliament an annual report showing the extent to which confirming authorities have complied with any applicable timetable published under this section.

• (6) A report laid by the Secretary of State under this section need not include information about a confirming authority if the number of compulsory purchase orders submitted to it is lower than a minimum specified by the Secretary of State in the report.

14C

• (1) The Welsh Ministers may publish one or more timetables in relation to steps to be taken by them in confirming a compulsory purchase order.

• (2) Different timetables may be published in relation to different types of compulsory purchase order.

• (3) The Welsh Ministers may at any time revise a timetable published under this section.

• (4) The validity of an order is not affected by any failure to comply with a timetable published under this section.

• (5) The Welsh Ministers must lay before the National Assembly for Wales an annual report showing the extent to which they have complied with any applicable timetable published under this section.

14D

• (1) A confirming authority may appoint a person (“an inspector”) to act instead of it in relation to the confirmation of a compulsory purchase order to which section 13A applies.

• (2) An inspector may be appointed to act in relation to—

• (a) a specific compulsory purchase order, or

• (b) a description of compulsory purchase orders.

• (3) An inspector—

• (a) has the same functions as a confirming authority under this Part (excluding this section),

• (b) retains those functions even if all remaining objections are withdrawn after the inspector has begun to act in relation to a compulsory purchase order, and

• (c) may hold a public local inquiry under section 13A(3)(a) or act as the person appointed to hear remaining objections under section 13A(3)(b) 13A.

• (4) Where an inspector is to act in relation to a compulsory purchase order, the confirming authority must inform—

• (a) every person who has made a remaining objection, and

• (b) the acquiring authority.

• (5) Where an inspector decides whether or not to confirm the whole or part of a compulsory purchase order, the inspector's decision is to be treated as that of the confirming authority.

• (6) The confirming authority may at any time—

• (a) revoke its appointment of an inspector, and

• (b) appoint another inspector.

• (7) If the confirming authority revokes its appointment of an inspector while the inspector is acting in relation to a compulsory purchase order and does not replace the inspector, the authority must give its reasons—

• (a) to the inspector whose appointment has been revoked, and

• (b) to all those informed under subsection (4).

• (8) Where in any enactment there is a provision that applies in relation to a confirming authority acting under this Part, that provision is to be read as applying equally in relation to an inspector so far as the context permits.

• (9) In this section “remaining objection” is to be construed in accordance with section 13A.

12A

• (1) For the purposes of sections 11 and 12, the day specified as the final day for making objections must be the last day, or a day after the last day, of the period of 21 days beginning with the first day at the beginning of which the acquiring authority expects that all of the following conditions will be satisfied.

• (2) The conditions are that—

• (a) a notice has been published for the first time as required by section 11(1)(a),

• (b) publication as required by section 11(1)(b) has begun,

• (c) a notice has been affixed as required by section 11(3), and

• (d) a notice has been served on every qualifying person as required by section 12(1).

13D

• (1) The confirming authority may, when it confirms a compulsory purchase order, include provision in the order specifying a period longer than three years for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for notice to treat) and section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (time limit for general vesting declaration).

• (2) No such provision is to be included by the acquiring authority in the order submitted for confirmation.

Final day for making objections

3A

• (1) For the purposes of paragraphs 2 and 3, the day specified as the final day for making objections must be the last day, or a day after the last day, of the period of 21 days beginning with the first day at the beginning of which the Minister expects that all of the following conditions will be satisfied.

• (2) The conditions are that—

• (a) a notice has been published for the first time as required by paragraph 2(1)(a),

• (b) publication as required by paragraph 2(1)(b) has begun,

• (c) a notice has been affixed as required by paragraph 2(3), and

• (d) a notice has been served on every qualifying person as required by paragraph 3(1).

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).

13BA

• (1) The confirming authority may confirm a compulsory purchase order conditionally.

• (2) The effect of conditional confirmation is that the order—

• (a) does not become operative until the confirming authority has decided, on an application by the acquiring authority, that certain conditions have been met, and

• (b) expires if the confirming authority—

• (i) has not received an application for the purposes of subsection (2)(a) by a certain time, or

• (ii) having received such an application by that time, decides that the conditions have not been met.

• (3) The conditions and the time are to be specified by the confirming authority when it confirms the order.

• (4) The procedure to be followed in relation to an application under this section is to be prescribed.

• (5) The regulations prescribing the procedure must include provision for each relevant objector—

• (a) to be given notice of the application (or for steps to be taken with a view to notifying them), and

• (b) to have the opportunity to make written representations in response to the application.

• (6) In subsection (5), “relevant objector” means a person who made an objection to the order that—

• (a) was a remaining objection for the purposes of section 13A, and

• (b) had not been withdrawn by the time the order was confirmed.

• (7) The regulations may include provision as to the giving of reasons for the decision on the application.

• (8) Subsections (2) to (6) of section 13B apply to proceedings on an application under this section as they apply to the representations procedure.

Special provision about compensation

15A

• (1) Subsection (2) applies if—

• (a) an acquiring authority submits a compulsory purchase order for confirmation, and

• (b) the authorising enactment is listed in Schedule 2A.

• (2) The acquiring authority may include in the order a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if it does so the following provisions of this section apply.

• (3) The acquiring authority must submit to the confirming authority a statement of commitments together with the order.

• (4) A “statement of commitments” is a statement of the acquiring authority’s intentions as to what will be done with the project land should the acquisition proceed, so far as the authority relies on those intentions in contending that the direction is justified in the public interest.

• (5) If the authorising enactment is listed in any of paragraphs A1 or 2 to 7 of Schedule 2A, those intentions must include the provision of a certain number of units of affordable housing.

• (6) The statement under section 12(1)(a) must include a statement of the effect of the direction; and paragraphs (ba) and (bb) of the same subsection apply in respect of the statement of commitments as they apply in respect of the compulsory purchase order.

• (7) The confirming authority may permit the acquiring authority to amend the statement of commitments before the decision whether to confirm the order is made.

• (8) But the confirming authority may do so—

• (a) only if satisfied that the amendment would not be unfair to any person who made or could have made a relevant objection for the purposes of section 13, and

• (b) if the authorising enactment is listed in any of paragraphs A1 or 2 to 7 of Schedule 2A, only if the statement of commitments as amended will still comply with subsection (5).

• (9) If the confirming authority decides to confirm the order in accordance with the applicable provisions of this Part—

• (a) it may confirm the order with the direction included if satisfied that the direction is justified in the public interest;

• (b) otherwise, it must modify the order so as to remove the direction.

• (10) If the order is confirmed with the direction included, a confirmation notice under section 15 must (in addition to the matters set out in subsection (4) of that section)—

• (a) state the effect of the direction,

• (b) explain how the statement of commitments may be viewed, and

• (c) explain that additional compensation may become payable if the statement of commitments is not fulfilled.

• (11) In this section—

• “the authorising enactment” means the enactment that confers the power to make the compulsory purchase to which the order in question relates;

• “the project land” means—the land proposed to be acquired further to the compulsory purchase order, andany other land that the acquiring authority intends to be used in connection with that land;

• “unit of affordable housing” means a building or part of a building that is constructed or adapted for use as a separate dwelling and—in the case of a building in England, is to be used as—social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, orhousing of any other description that is prescribed, orin the case of a building in Wales, is to be used as housing of a description that is prescribed.

4AA

• (1) The Minister may make a compulsory purchase order conditionally.

• (2) The effect of making an order conditionally is that the order—

• (a) does not become operative until the Minister has decided, following consideration by the appropriate authority (see paragraph 4(8)), that certain conditions have been met, and

• (b) expires if the Minister has not decided that by a certain time.

• (3) The conditions and the time are to be specified by the Minister when making the order.

• (4) The procedure to be followed in connection with the consideration and decision referred to in sub-paragraph (2)(a) is to be prescribed.

• (5) The prescribed procedure must include provision for each relevant objector—

• (a) to be given notice that the appropriate authority is to consider whether the conditions have been met (or for steps to be taken with a view to notifying them), and

• (b) to have the opportunity to make written representations relating to that consideration;

and may include provision as to the giving of reasons for the decision by the Minister.

• (6) In sub-paragraph (5), “relevant objector” means a person who made an objection to the draft order that—

• (a) was a remaining objection for the purposes of paragraph 4A, and

• (b) had not been withdrawn by the time the order was made.

Schedule 2A

1

Section 21A(1)(c) and (2)(c) of the Welsh Development Agency Act 1975 (acquisition by Welsh Ministers of land in England for Welsh development purposes).

2

Section 142 of the Local Government, Planning and Land Act 1980 (acquisition by urban development corporation).

3

Section 17 of the Housing Act 1985 (acquisition by local housing authority).

4

Section 226 of the Town and Country Planning Act 1990 (acquisition by local authority for development or planning purposes).

5

Section 333ZA of the Greater London Authority Act 1999 (acquisition by Greater London Authority for housing or regeneration purposes).

6

Section 9 of the Housing and Regeneration Act 2008 (acquisition by the Homes and Communities Agency).

7

Section 207 of the Localism Act 2011 (acquisition by mayoral development corporation).

8

Paragraph 46 of Schedule 4 to the Health and Social Care (Community Health and Standards) Act 2003 (acquisition by NHS foundation trust).

9

Paragraph 27 of Schedule 4 to the National Health Service Act 2006 (acquisition by NHS trust).

10

In the National Health Service (Wales) Act 2006—

• (a) paragraph 20 of Schedule 2 (acquisition by local health board);

• (b) paragraph 27 of Schedule 3 (acquisition by NHS trust).

11

Section 530 of the Education Act 1996 (acquisition by local authority for purposes of educational institution or function).

A1

Section 125 of the Local Government Act 1972 (compulsory acquisition of land on behalf of parish or community councils).

Enactment authorising acquisitions for educational purposes

The repeals by this Act in section 13 of the Local Government (Miscellaneous Provisions) Act 1976 shall not affect section 82(1) of that Act (power to make consequential repeals or amendments).