The New Towns (Compulsory Purchase of Land) (Amendment) Regulations 2024

Made: 6th September 2024

Laid before Parliament: 9th September 2024

Coming into force: 1st October 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 13(3) and (4), 77(1), and 80(1) of, paragraphs 1(1)(b), 2(1)(a), 5 and 13(4) of Schedule 4 to, and paragraphs 1, 2, and 5 of Schedule 5 to, the New Towns Act 1981[^f00001] and section 214(6)(a) of, and paragraph 8(1) of Schedule 15 to, the Housing and Planning Act 2016[^f00002].

Citation, commencement and extent

1

• (1) These Regulations may be cited as the New Towns (Compulsory Purchase of Land) (Amendment) Regulations 2024 and come into force on 1st October 2024.

• (2) These Regulations extend to England and Wales.

Amendments to the New Towns (Compulsory Purchase of Land) Regulations 1977

2

• (1) The New Towns (Compulsory Purchase of Land) Regulations 1977[^f00003] are amended as follows.

• (2) In regulation 2(2), for “Schedule hereto” substitute “relevant Schedule”;

• (3) After regulation 2(2), insert—

(2A) In paragraph (2), “relevant Schedule” means— (a) where the form reference is in regulation 3, Schedule 1; (b) where the form reference is in regulation 3A, Schedule 2.

• (4) In regulation 3—

• (a) for the heading, substitute—

Prescribed Forms: Wales

• (b) in the opening words, for “shall be” substitute “that apply in respect of the compulsory acquisition of land in Wales are”.

• (5) After regulation 3, insert—

(3A) The prescribed forms that apply in respect of the compulsory acquisition of land in England are— (a) for the purposes of section 13(4), the form of representation by statutory undertakers with respect to land within an area to be designated by order under section 1 of the Act[^f00004], is form 1; (b) for the purposes of paragraph 1(1)(b) of Schedule 4, the form of compulsory purchase order is form 2 or, if the order provides for the vesting of land given in exchange pursuant to paragraph 13 of Schedule 4, form 3; (c) for the purposes of paragraph 2(1)(a) of Schedule 4, the form of notice to be published or, where applicable, personal notice to be served, concerning a compulsory purchase order, is form 4; (d) for the purposes of paragraph 5 of Schedule 4, the form of notice of confirmation of a compulsory purchase order is form 5; but in relation to an order made by the Secretary of State, that form has effect with the substitution for references to the confirmation of an order submitted, of references to the making of an order; (e) for the purposes of section 13(3), the form of representation by statutory undertakers that land is operational land and request for that land to be excluded from a compulsory purchase order, is form 6; (f) for the purposes of section 13(1) and paragraph 1 of Schedule 5, the form of application by a development corporation or local highway authority for a compulsory purchase order relating to operational land of statutory undertakers, is form 7; (g) for the purposes of section 13(1) and paragraph 2 of Schedule 5, the form of notice to owners, lessees and occupiers of an application for a compulsory purchase order in respect of operational land of statutory undertakers, is form 8; (h) for the purposes of section 13(1) and paragraph 5 of Schedule 5, the form of notice to owners, lessees and occupiers of the making of a compulsory purchase order in respect of operational land of statutory undertakers, is form 9; (i) for the purposes of paragraph 13(4) of Schedule 4, the form of newspaper notice stating that a certificate has been given under Part 4 of Schedule 4, is form 10; (j) for the purposes of paragraph 5(d) of Schedule 4 and paragraph 5(c) of Schedule 5, the form of the statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981[^f00005] is Part 1 of Form 11; (k) for the purposes of paragraph 5(e) of Schedule 4 and paragraph 5(d) of Schedule 5, the form for giving information to the authority is Part 2 of Form 11.

• (6) Omit regulation 4.

• (7) The existing Schedule becomes Schedule 1.

• (8) In that Schedule 1, at the beginning insert—

Prescribed Forms: Wales

• (9) After that Schedule 1, insert the new Schedule 2 as set out in the Schedule to these Regulations.

Schedule — New Schedule 2

Schedule 2

Signed

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Matthew Pennycook — Minister of State for Housing and Planning — Ministry of Housing, Communities and Local Government — 6th September 2024

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations amend the New Towns (Compulsory Purchase of Land) Regulations 1977 (“the 1977 Regulations”) (S.I. 1977/549).

Regulations 2(2) and (3) amend regulation 2 of the 1977 Regulations to provide that Schedules 1 and 2 to the 1977 Regulations (as amended and inserted by these Regulations) apply in different circumstances.

Regulation 2(4), (7) and (8) amend regulation 3 of, and the Schedule (which becomes Schedule 1) to, the 1977 Regulations to specify that the forms prescribed by regulation 3 continue to apply to compulsory purchase orders made under the New Towns Act 1981 (“the Act”) for the compulsory acquisition of land in Wales.

Regulation 2(5) and (9) insert new regulation 3A and new Schedule 2 into the 1977 Regulations. They prescribe new Forms 1 to 11 that apply to compulsory purchase orders made under the Act for the compulsory acquisition of land in England.

Regulation 2(6) omits regulation 4 from the 1977 Regulations.

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

Footnotes

[^f00001]: 1981 c. 64. Paragraph 5 of Schedule 4 was amended by S.I. 2017/16. Paragraph 13 of Schedule 4 was amended by S.I. 1985/442. Paragraph 5 of Schedule 5 was substituted by S.I. 2017/16. See section 80(1)(a) of the Act for the meaning of “prescribed”. Article 2 of, and Schedule 1 to, S.I. 1999/672 transferred the functions of a Minister of the Crown under the Act, so far as exercisable in relation to Wales, to the National Assembly for Wales. Paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32) subsequently transferred these functions from the National Assembly to the Welsh Ministers.

[^f00002]: 2016 c. 22.

[^f00003]: S.I. 1977/549. By virtue of section 17(2)(b) of the Interpretation Act 1978 (c. 30), S.I. 1977/549 has effect as if made under the provisions of the New Towns Act 1981.

[^f00004]: By virtue of section 17(2)(b) of the Interpretation Act 1978, a reference to “the Act” in S.I. 1977/549 is construed as a reference to the New Towns Act 1981.

[^f00005]: 1981 c. 66.