|Amendments proposed to the Planning and Compulsory Purchase (Re-committed) Bill - continued||House of Commons|
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Procedure for authorisation of compulsory purchase by a Minister|
Mr Keith Hill
NC19To move the following Clause:
'(1) Schedule 1 to the Acquisition of Land Act 1981 (c.67) (the "1981 Act") is amended as follows.
(2) In paragraph 2 (notices in newspapers), after sub-paragraph (2) there is added
(a) be addressed to persons occupying or having an interest in the land, and
(b) set out each of the matters mentioned in sub-paragraph (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under sub-paragraph (3) is first affixed)."
(3) In paragraph 3 (notices to owners, lessees and occupiers)
(a) he is an owner, lessee, tenant (whatever the tenancy period) or occupier of any such land, or
(b) he falls within sub-paragraph (2A).
(a) a person to whom the Minister would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or
(b) a person the Minister thinks is likely to be entitled to make a relevant claim if the order is made and the compulsory purchase takes place, so far as he is known to the Minister after making diligent inquiry.
(4) For paragraph 4 there are substituted the following paragraphs
(a) that the notice requirements have been complied with, and
(b) that one of the conditions in sub-paragraph (2) is satisfied.
(a) no relevant objection is made,
(b) every relevant objection made is either withdrawn or disregarded.
(a) in the case of an order proposed to be made in the exercise of highway land acquisition powers, the Minister and the planning Minister acting jointly,
(b) in any other case, the Minister.
(a) withdrawn, nor
(a remaining objection).
(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.
(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.
(a) it has followed the written representations procedure, or
(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), it has considered the report of the person who held the inquiry or who was so appointed.
(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.
(a) 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 appropriate authority is satisfied that the notice requirements have been complied with.
(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.
(5) For paragraph 6 there is substituted
(a) serve a making notice, and a copy of the order as made, on each person on whom a notice was required to be served under paragraph 3, and
(b) affix a making notice to a conspicuous object or objects on or near the land comprised in the order.
(a) be addressed to persons occupying or having an interest in the land;
(b) so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative.
(a) describing the land;
(b) stating that the order has been made;
(c) (except in the case of a notice under sub-paragraph (1)(a)) naming a place where a copy of the order as made and of the map referred to there may be inspected at all reasonable hours;
(d) that a person aggrieved by the order may apply to the High Court as mentioned in section 23.
(6) The amendments made by this section do not apply to orders of which notice under paragraph 2 of Schedule 1 to the 1981 Act has been published before commencement of this section.'.
Power to require information
Mr Keith Hill
NC20To move the following Clause:
'(1) The Acquisition of Land Act 1981 (c.67) is amended as follows.
(2) After section 5 (local inquiries) there is inserted
"5A Power to require information
(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
(3) The power in subsection (2) is exercisable for the purpose of enabling the acquiring authority to acquire the land.
(4) The persons are
(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
(7) The notice must be in writing.
(8) Section 6(4) does not apply to notices to be served under this section.
5B Offences relating to information
(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
(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
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.".'.