Housing and Planning Bill (HL Bill 117)

hybrid instrument, it is to proceed in that House as if it were not a
hybrid instrument.

(4B) An order made by the Welsh Ministers under subsection (1) (by virtue
of paragraph 30 of Schedule 11 to the Government of Wales Act 2006)
5does not have effect until approved by a resolution of the National
Assembly for Wales.

(4C) An order made by the Scottish Ministers under subsection (1) (by virtue
of section 53 of the Scotland Act 1998) is subject to the affirmative
procedure (see Part 2 of the Interpretation and Legislative Reform
10(Scotland) Act 2010 (asp 10)2010 (asp 10)).””

168 Establishment of urban development corporations: procedure

(1) Section 135 of the Local Government, Planning and Land Act 1980 (urban
development corporations) is amended as follows.

(2) After subsection (1) insert—

“(1A) 15Before making an order under this section in relation to an urban
development area in England, the Secretary of State must consult the
following persons—

(a) persons who appear to the Secretary of State to represent those
living within, or in the vicinity of, the urban development area;

(b) 20persons who appear to the Secretary of State to represent
businesses with any premises within, or in the vicinity of, the
urban development area;

(c) each local authority for an area which falls wholly or partly
within the urban development area; and

(d) 25any other person whom the Secretary of State considers it
appropriate to consult.””

(3) For subsection (3) substitute—

“(3) A statutory instrument containing an order made by the Secretary of
State under this section does not have effect until approved by a
30resolution of each House of Parliament.

(3A) If a draft of an instrument containing an order by the Secretary of State
under this section would, but for this subsection, be treated for the
purposes of the standing orders of either House of Parliament as a
hybrid instrument, it is to proceed in that House as if it were not a
35hybrid instrument.

(3B) An order made by the Welsh Ministers under this section (by virtue of
paragraph 30 of Schedule 11 to the Government of Wales Act 2006)
does not have effect until approved by a resolution of the National
Assembly for Wales.

(3C) 40An order made by the Scottish Ministers under this section (by virtue
of section 53 of the Scotland Act 1998) is subject to the affirmative
procedure (see Part 2 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10)2010 (asp 10)).””

169 Sections 167 and 168: consequential repeals

In the Deregulation Act 2015, omit sections 46 and 47.

New towns

170 Designation of new town areas and establishment of corporations: procedure

(1) 5The New Towns Act 1981 is amended as follows.

(2) In section 1 (designation of areas)—

(a) after subsection (3) insert—

“(3A) Before making an order under this section designating an area
of land in England as the site of a proposed new town, the
10Secretary of State must consult the following persons (as well as
the local authorities mentioned in subsection (1))—

(a) persons who appear to the Secretary of State to
represent those living within, or in the vicinity of, the
site;

(b) 15persons who appear to the Secretary of State to
represent businesses with any premises within, or in the
vicinity of, the site;

(c) any other person whom the Secretary of State considers
it appropriate to consult.””

(b) 20in subsection (4), after “section” insert “designating areas of land in
Wales”.

(3) In section 3 (establishment of development corporations for new towns), after
subsection (2) insert—

“(2A) Before making an order under this section in relation to a site in
25England, the Secretary of State must consult the following persons—

(a) persons who appear to the Secretary of State to represent those
living within, or in the vicinity of, the site;

(b) persons who appear to the Secretary of State to represent
businesses with any premises within, or in the vicinity of, the
30site;

(c) every county or district council for an area which falls wholly or
partly within the site;

(d) any other person whom the Secretary of State considers it
appropriate to consult.””

(4) 35In section 77 (regulations and orders)—

(a) after subsection (3) insert—

“(3ZA) The power of the Secretary of State to make orders under
section 3 is also exercisable by statutory instrument.”;”

(b) after subsection (3A) insert—

“(3B) 40A statutory instrument containing an order made by the
Secretary of State under section 1, 2 or 3 may not be made unless
a draft of the instrument has been laid before and approved by
a resolution of each House of Parliament.

(3C) If a draft of an instrument containing an order of the Secretary
of State under section 1, 2 or 3 would, but for this subsection, be
treated for the purposes of the standing orders of either House
of Parliament as a hybrid instrument, it is to proceed in that
5House as if it were not a hybrid instrument.”;”

(c) in subsection (4), for the words before paragraph (a) substitute “A
statutory instrument that is made by the Welsh Ministers (by virtue of
paragraph 30 of Schedule 11 to the Government of Wales Act 2006)
under any of the following provisions of this Act is subject to
10annulment in pursuance of a resolution of the National Assembly for
Wales—”;

(d) in subsection 4(a)(ii), omit “a county planning authority or, where the
order is one designating an area in Wales, by”.

(5) In Schedule 1 (procedure for designating area), before paragraph 1 (and before
15the italic heading before that paragraph) insert—

““Application of Schedule: Wales only

A1 This Schedule applies only in relation to an order under section 1
designating an area of land in Wales as the site of a proposed new
town.””

171 20New towns: objects of development corporations in England

In section 4 of the New Towns Act 1981 (objects and general powers of
development corporations), after subsection (1) insert—

“(1A) In pursuing those objects a development corporation that is established
for the purposes of a new town in England must aim to contribute to
25the achievement of sustainable development.

(1B) For the purposes of subsection (1A) a development corporation must
(in particular) have regard to the desirability of good design.””

Part 7 Compulsory purchase etc

30Right to enter and survey land

172 Right to enter and survey land

(1) A person authorised in writing by an acquiring authority may enter and
survey or value land in connection with a proposal to acquire an interest in or
a right over land.

(2) 35The person—

(a) may only enter and survey or value land at a reasonable time, and

(b) may not use force unless a justice of the peace has issued a warrant
under section 173(1) authorising the person to do so.

(3) The person must, if required when exercising or seeking to exercise the power
40conferred by subsection (1), produce—

(a) evidence of the authorisation, and

(b) a copy of any warrant issued under section 173(1).

(4) An authorisation under subsection (1) may relate to the land which is the
subject of the proposal or to other land.

(5) If the land is unoccupied or the occupier is absent from the land when the
5person enters it, the person must leave it as secure against trespassers as when
the person entered it.

(6) In this section and sections 173 to 178 “acquiring authority” and “owner” have
the meanings given in section 7 of the Acquisition of Land Act 1981.

173 Warrant authorising use of force to enter and survey land

(1) 10A justice of the peace may issue a warrant authorising a person to use force in
the exercise of the power conferred by section 172(1) if satisfied—

(a) that another person has prevented or is likely to prevent the exercise of
that power, and

(b) that it is reasonable to use force in the exercise of that power.

(2) 15The force that may be authorised by a warrant is limited to that which is
reasonably necessary.

(3) A warrant authorising the person to use force must specify the number of
occasions on which the authority can rely on the warrant when entering and
surveying or valuing land.

(4) 20The number specified must be the number which the justice of the peace
considers appropriate to achieve the purpose for which the entry and survey
or valuation are required.

(5) Any evidence in proceedings for a warrant under this section must be given on
oath.

174 25Notice of survey and copy of warrant

(1) The acquiring authority must give every owner or occupier of land at least 14
days’ notice before the first day on which the authority intends to enter the
land in exercise of the power conferred by section 172.

(2) Notice given in accordance with subsection (1) must include—

(a) 30a statement of the recipient’s rights under section 176, and

(b) a copy of the warrant, if there is one.

(3) If the authority proposes to do any of the following, the notice must include
details of what is proposed—

(a) searching, boring or excavating;

(b) 35leaving apparatus on the land;

(c) taking samples;

(d) an aerial survey;

(e) carrying out any other activities that may be required to facilitate
compliance with the instruments mentioned in subsection (5).

(4) 40If the authority obtains a warrant after giving notice in accordance with
subsection (1) it must give a copy of the warrant to all those to whom it gave
that notice.

(5) The instruments referred to in subsection (3)(e) are—

(a) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the
effects of certain public and private projects on the environment, as
amended from time to time,

(b) 5Council Directive 92/43/EC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora, as amended from time to
time, or

(c) any EU instrument from time to time replacing all or part of those
Directives.

175 10Enhanced authorisation procedures etc. for certain surveys

(1) A written authorisation from the appropriate Minister is required before a
person enters and surveys or values land in exercise of the power conferred by
section 172 if—

(a) the land is held by a statutory undertaker,

(b) 15within the notice period mentioned in section 174(1), the statutory
undertaker objects to the proposed entry and survey or valuation in
writing to the acquiring authority, and

(c) the objection is that the proposed entry and survey or valuation would
be seriously detrimental to the statutory undertaker carrying on its
20undertaking.

(2) In subsection (1)—

• “the appropriate Minister” means—

  (a)

  in the case of land in Wales held by a water or sewerage
  undertaker, the Welsh Ministers, and

  (b)

  25in any other case, the Secretary of State;

• “statutory undertaker” means—

  (a)

  any person who is, or who is deemed to be, a statutory
  undertaker for the purposes of section 16 or 17 of the
  Acquisition of Land Act 1981 or of any provision of Part 11 of
  30the Town and Country Planning Act 1990, and

  (b)

  any person in relation to whom the electronic communications
  code is applied by a direction under section 106(3)(a) of the
  Communications Act 2003.

(3) Where the survey or valuation is to take place in a street, the following sections
35of the New Roads and Street Works Act 1991 apply to the survey or valuation
as if it were street works—

(a) section 55 (notice of starting date of works),

(b) section 69 (requirements to be complied with where works likely to
affect another person’s apparatus in the street), and

(c) 40section 82 (liability for damage or loss caused).

(4) In the application of those sections references to an “undertaker” are to be read
as references to the acquiring authority which authorised the survey or
valuation.

(5) See section 169(4) of the Water Industry Act 1991 and section 171(4) of the
45Water Resources Act 1991 for additional procedures in relation to the exercise
of the power in section 172 on behalf of a water undertaker, the Environment
Agency or the Natural Resources Body for Wales.

176 Right to compensation after entry on or survey of land

(1) A person interested in land is entitled to compensation from the acquiring
authority for damage as a result of the exercise of the power conferred by
section 172.

(2) 5Any disputes relating to compensation under this section are to be determined
by the Upper Tribunal.

(3) The provisions of section 4 of the Land Compensation Act 1961 apply to the
determination of such disputes, with any necessary modifications.

177 Offences in connection with powers to enter land

(1) 10A person who without reasonable excuse obstructs another person in the
exercise of the power conferred by section 172 commits an offence.

(2) A person who commits an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

(3) A person commits an offence if the person discloses confidential information,
15obtained in the exercise of the power conferred by section 172, for purposes
other than those for which the power was exercised.

(4) A person who commits an offence under subsection (3) is liable—

(a) on summary conviction to a fine,

(b) on conviction on indictment to imprisonment for a term not exceeding
202 years or to a fine, or both.

(5) In subsection (3) “confidential information” means information—

(a) which constitutes a trade secret, or

(b) the disclosure of which would or would be likely to prejudice the
commercial interests of any person.

178 25Right to enter and survey or value Crown land

(1) Sections 172 to 177 apply in relation to Crown land.

(2) But a person may only exercise the power conferred by section 172 in relation
to Crown land if the person has the permission of the appropriate authority.

(3) In this section, “Crown land” and “the appropriate authority” have the
30meaning given in section 293 of the Town and Country Planning Act 1990.

179 Amendments to do with sections 172 to 178

Schedule 14 amends legislation conferring rights of entry relating to the
acquisition of an interest in or a right over land in England and Wales.

Confirmation and time limits

180 35Timetable for confirmation of compulsory purchase order

After section 14A of the Acquisition of Land Act 1981 (confirmation by

acquiring authorities) insert—

“14B Timetables for confirmation of CPOs except by Welsh Ministers

(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
5Ministers, 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
10under 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
15with 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 20Timetables for confirmation of CPOs by Welsh Ministers

(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) 25The 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
30an annual report showing the extent to which they have complied with
any applicable timetable published under this section.””

181 Confirmation by inspector

(1) The Acquisition of Land Act 1981 is amended as follows.

(2) After section 14C (inserted by section 180 of this Act), insert—

“14D 35Power to appoint inspector

(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) 40a 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
5withdrawn 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).

(4) 10Where 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
15of 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) 20If 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) 25to 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) 30In this section “remaining objection” is to be construed in accordance
with section 13A.””

(3) In section 2 (procedure for authorisation), for subsection (2) substitute—

“(2) A compulsory purchase order authorising a compulsory purchase by
an authority other than a Minister is to be—

(a) 35made by that authority,

(b) submitted to the confirming authority, and

(c) confirmed in accordance with Part 2 of this Act.””

(4) In section 7 (interpretation), in subsection (3), after “section 13A” insert “,
section 14B”.

182 Time limits for notice to treat or general vesting declaration

(1) For section 4 of the Compulsory Purchase Act 1965 substitute—

“4 Time limit for giving notice to treat

A notice to treat may not be served by the acquiring authority after the
5end of the period of 3 years beginning with the day on which the
compulsory purchase order becomes operative.””

(2) After section 5 of the Compulsory Purchase (Vesting Declarations) Act 1981
insert—

“5A Time limit for general vesting declaration

10A general vesting declaration may not be executed after the end of the
period of 3 years beginning with the day on which the compulsory
purchase order becomes operative.””

Vesting declarations: procedure

183 Notice of general vesting declaration procedure

15Schedule 15 changes the notice requirements for general vesting declarations.

184 Earliest vesting date under general vesting declaration

In section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981
(execution of declaration vesting land at the end of a period of not less than 28
days from the date of service), in subsection (1) for “28 days” substitute “3
20months”.

185 No general vesting declaration after notice to treat

In section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981
(execution of declaration), after subsection (1) insert—

“(1A) But an acquiring authority may not execute a declaration in respect of
25land if they have served a notice to treat in respect of that land and have
not withdrawn it.

(1B) In subsection (1A) the reference to an authority having “served” a
notice does not include cases in which the authority is deemed to have
served a notice.””

30Possession following notice to treat etc

186 Extended notice period for taking possession following notice to treat

(1) The Compulsory Purchase Act 1965 is amended as follows.

(2) In section 11 (powers of entry)—

(a) in subsection (1)—

(i) 35for “not less than fourteen days notice” substitute “a notice of
entry”; and

(ii) after “specified in the notice” insert “, after the end of a period
specified in the notice”;

(b) after subsection (1) insert—

“(1A) A notice of entry under subsection (1) must specify the period
5after the end of which the acquiring authority may enter on and
take possession of the land to which the notice relates.

(1B) The period specified in a notice of entry under subsection (1)
must not end earlier than the end of the period of 3 months
beginning with the day on which the notice is served unless it is
10a notice to which section 11A(4) or paragraph 13 of Schedule 2A
applies.””

(3) After section 11 insert—

“11A Powers of entry: further notices of entry

(1) This section applies where—

(a) 15an acquiring authority have given a notice of entry under
section 11(1) but have not yet entered on and taken possession
of the land, and

(b) the authority become aware of an owner, lessee or occupier
(“the newly identified person”) to whom they ought to have
20given a notice to treat under section 5(1) but have not.

(2) Any notice of entry already served under section 11(1) remains valid,
but the authority may not enter on and take possession of the land
unless they serve on the newly identified person—

(a) a notice to treat under section 5(1), and

(b) 25a notice of entry under section 11(1).

(3) Subsection (4) applies for the purpose of determining the period to be
specified in the notice of entry under section 11(1) served on the newly
identified person if—

(a) the person is an occupier of the land and the authority were not
30aware of the person because they were given misleading
information when carrying out inquiries under section 5(1), or

(b) the person is not an occupier of the land.

(4) The period specified in the notice must be a period that ends—

(a) no earlier than the end of the period of 14 days beginning with
35the day on which the notice of entry is served, and

(b) no earlier than the end of the period specified in any previous
notice of entry given by the acquiring authority in respect of the
land.””

187 Counter-notice requiring possession to be taken on specified date

(1) 40The Compulsory Purchase Act 1965 is amended as follows.

(2) In section 11 (powers of entry), after subsection (1B) (inserted by section 186 of
this Act), insert—

“(1C) A notice of entry under subsection (1) must explain the effect of
section 11B (counter-notice requiring possession to be taken on