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| 13B Written representations procedure: supplementary |
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(1) | This section applies where the confirming authority decides under |
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section 13A to follow the written representations procedure. |
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(2) | The confirming authority may make orders as to the costs of the parties |
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to the written representations procedure, and as to which party must |
| 5 |
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(3) | An order under subsection (2) may be made a rule of the High Court on |
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the application of any party named in the order. |
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(4) | The costs incurred by the confirming authority in connection with the |
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written representations procedure must be paid by the acquiring |
| 10 |
authority, if the confirming authority so directs. |
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(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. |
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(6) | Section 42(2) of the Housing and Planning Act 1986 (recovery of |
| 15 |
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) may make provision as to the giving |
| |
of reasons for decisions taken in cases where the written |
| 20 |
representations procedure is followed. |
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| 13C Confirmation in stages |
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(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 |
| 25 |
| |
| |
(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 |
| 30 |
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 |
| 35 |
section 13A(2) or (3) (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)— |
| 40 |
(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. |
| 45 |
|
| |
|
| |
|
(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 |
| |
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(7) | Notice requirements must be construed in accordance with section 13. |
| |
(8) | Remaining objection must be construed in accordance with section |
| 5 |
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(7) | For section 15 there is substituted— |
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“15 | Notices after confirmation of order |
| |
(1) | After the order has been confirmed, the acquiring authority must— |
| |
(a) | serve a confirmation notice and a copy of the order as confirmed |
| 10 |
on each person on whom a notice was required to be served |
| |
| |
(b) | affix a confirmation notice to a conspicuous object or objects on |
| |
or near the land comprised in the order. |
| |
(2) | The notice under subsection (1)(b) must— |
| 15 |
(a) | be addressed to persons occupying or having an interest in the |
| |
| |
(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. |
| 20 |
(3) | The acquiring authority must also publish a confirmation notice in one |
| |
or more local newspapers circulating in the locality in which the land |
| |
comprised in the order is situated. |
| |
(4) | A confirmation notice is a notice— |
| |
| 25 |
(b) | stating that the order has been confirmed; |
| |
(c) | (except in the case of a notice under subsection (1)(a)) naming a |
| |
place where a copy of the order as confirmed 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 |
| 30 |
Court as mentioned in section 23. |
| |
(5) | A confirmation notice must be in the prescribed form.” |
| |
(8) | The amendments made by this section do not apply to orders of which notice |
| |
under section 11 of the 1981 Act has been published before commencement of |
| |
| 35 |
96 | Procedure for authorisation by a Minister |
| |
(1) | Schedule 1 to the Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is |
| |
| |
(2) | In paragraph 2 (notices in newspapers), after sub-paragraph (2) there is |
| |
| 40 |
“(3) | In addition, the Minister shall affix a notice in the prescribed form to |
| |
a conspicuous object or objects on or near the land comprised in the |
| |
| |
|
| |
|
| |
|
(4) | The notice under sub-paragraph (3) must— |
| |
(a) | be addressed to persons occupying or having an interest in |
| |
| |
(b) | set out each of the matters mentioned in sub-paragraph (2) |
| |
(but reading the reference there to first publication of the |
| 5 |
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) | in sub-paragraph (1), for the words from “owner” to “order” (where it |
| |
first appears) there is substituted “qualifying person”, |
| 10 |
(b) | for sub-paragraph (2) there is substituted— |
| |
“(2) | A person is a qualifying person, in relation to land comprised |
| |
| |
(a) | he is an owner, lessee, tenant (whatever the tenancy |
| |
period) or occupier of any such land, or |
| 15 |
(b) | he falls within sub-paragraph (2A). |
| |
(2A) | A person falls within this sub-paragraph if he is— |
| |
(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 |
| 20 |
(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. |
| |
(2B) | A relevant claim is a claim for compensation under section 10 |
| 25 |
of the Compulsory Purchase Act 1965 (compensation for |
| |
| |
(4) | For paragraph 4 there are substituted the following paragraphs— |
| |
“4 (1) | The appropriate authority may make a compulsory purchase order |
| |
with or without modifications if it is satisfied— |
| 30 |
(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 |
| 35 |
| |
(3) | The appropriate authority may require every person who makes a |
| |
relevant objection to state the grounds of the objection in writing. |
| |
(4) | If the appropriate authority is satisfied that an objection relates |
| |
exclusively to matters which can be dealt with by the tribunal by |
| 40 |
whom the compensation is to be assessed it may disregard the |
| |
| |
(5) | The notice requirements are the requirements under paragraphs 2 |
| |
and 3 to publish, affix and serve notices in connection with the |
| |
compulsory purchase order. |
| 45 |
(6) | A relevant objection is an objection by a person who is a qualifying |
| |
person for the purposes of paragraph 3(2), but if such a person |
| |
qualifies only by virtue of paragraph 3(2A)(b) and the appropriate |
| |
|
| |
|
| |
|
authority thinks that he is not likely to be entitled to make a relevant |
| |
claim his objection is not a relevant objection. |
| |
(7) | Disregarded means disregarded under sub-paragraph (4) or under |
| |
any other power to disregard a relevant objection contained in the |
| |
enactment providing for the compulsory purchase. |
| 5 |
(8) | The appropriate authority is— |
| |
(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. |
| 10 |
(9) | Highway land acquisition powers must be construed in accordance |
| |
with the Highways Act 1980. |
| |
(10) | The planning Minister is the Secretary of State for the time being |
| |
having general responsibility in planning matters. |
| |
4A (1) | This paragraph applies to the making of a compulsory purchase |
| 15 |
order if a relevant objection is made which is neither— |
| |
| |
| |
| |
(2) | The appropriate authority may proceed under the written |
| 20 |
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, |
| |
| 25 |
(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 |
| 30 |
(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- |
| 35 |
paragraph (3)(b) the appropriate authority must give any other |
| |
person it thinks appropriate the opportunity to be heard at the same |
| |
| |
(5) | The appropriate authority may make the order with or without |
| |
modifications if it has considered the objection and either — |
| 40 |
(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. |
| 45 |
(6) | 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 |
| |
| |
| to make written representations as to whether the order should be |
| |
| |
(7) | Regulations under sub-paragraph (6) may make provision as to the |
| 5 |
giving of reasons for decisions taken in cases where the written |
| |
representations procedure is followed. |
| |
(8) | Expressions used in this paragraph and in paragraph 4 must be |
| |
construed in accordance with paragraph 4. |
| |
4B (1) | The appropriate authority may make an order (with or without |
| 10 |
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- |
| |
| |
| |
(a) | the appropriate authority is satisfied that the order ought to |
| 15 |
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. |
| 20 |
(3) | If there is a remaining objection in respect of the order, the |
| |
appropriate authority may only act under sub-paragraph (1) after |
| |
complying with paragraph 4A(2) or (3) (as the case may be). |
| |
(4) | But it may act under sub-paragraph (1) without complying with |
| |
those provisions if it is satisfied that all remaining objections relate |
| 25 |
solely to the remaining part of the land. |
| |
(5) | If the appropriate authority acts under sub-paragraph (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, |
| 30 |
(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 |
| |
| 35 |
(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 |
| |
| |
(5) | For paragraph 6 there is substituted— |
| |
“6 (1) | After the order has been made, the Minister must— |
| 40 |
(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 |
| |
| |
(b) | affix a making notice to a conspicuous object or objects on or |
| |
near the land comprised in the order. |
| 45 |
(2) | The notice under sub-paragraph (1)(b) must— |
| |
(a) | be addressed to persons occupying or having an interest in |
| |
| |
|
| |
|
| |
|
(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. |
| |
(3) | The Minister must also publish a making notice in one or more local |
| |
newspapers circulating in the locality in which the land comprised in |
| 5 |
| |
(4) | A making notice is a notice— |
| |
| |
(b) | stating that the order has been made; |
| |
(c) | (except in the case of a notice under sub-paragraph (1)(a)) |
| 10 |
naming a place where a copy of the order as made and of the |
| |
map referred to there may be inspected at all reasonable |
| |
| |
(d) | that a person aggrieved by the order may apply to the High |
| |
Court as mentioned in section 23. |
| 15 |
(5) | A making notice must be in the prescribed form.” |
| |
(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. |
| |
97 | Confirmation by acquiring authority |
| 20 |
(1) | The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows. |
| |
(2) | After section 14 there is inserted— |
| |
“14A | Confirmation by acquiring authority |
| |
(1) | The power to confirm an order may be exercised by the acquiring |
| |
authority (instead of the confirming authority) if— |
| 25 |
(a) | the confirming authority has notified the acquiring authority to |
| |
| |
(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 |
| 30 |
(b) | forming part of a common, open space or fuel or field garden |
| |
allotment for the purposes of section 19. |
| |
(3) | The confirming authority may give notice under subsection (1) if it is |
| |
| |
(a) | that the notice requirements have been complied with, |
| 35 |
(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 without |
| |
| |
(4) | An objection is an objection made by any person (whether or not a |
| 40 |
person mentioned in section 12(2)), including an objection which is |
| |
| |
(5) | The power to confirm an order under subsection (1) does not include |
| |
| |
|
| |
|
| |
|
(a) | to confirm the order with modifications, or |
| |
(b) | to confirm only a part of the order. |
| |
(6) | The acquiring authority must notify the confirming authority as soon |
| |
as reasonably practicable after it has determined whether or not to |
| |
| 5 |
(7) | The confirming authority may revoke a notice given by it under |
| |
| |
(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 |
| 10 |
to have the same effect as if it were confirmed by the confirming |
| |
| |
(10) | Notices under this section must be in writing. |
| |
(11) | Notice requirements and disregarded must be construed in accordance |
| |
| 15 |
(3) | The amendments made by this section do not apply to orders of which notice |
| |
has been published under section 11 of the 1981 Act before commencement of |
| |
| |
| |
98 | Assessment of compensation: valuation date |
| 20 |
(1) | The Land Compensation Act 1961 (c. 33) is amended as follows. |
| |
(2) | After section 5 there is inserted— |
| |
“5A | Relevant valuation date |
| |
(1) | If the value of land is to be assessed in accordance with rule (2) in |
| |
section 5, the valuation must be made as at the relevant valuation date. |
| 25 |
(2) | No adjustment is to be made to the valuation in respect of anything |
| |
which happens after the relevant valuation date. |
| |
(3) | If the land is the subject of a notice to treat, the relevant valuation date |
| |
| |
(a) | the date when the acquiring authority enters on and takes |
| 30 |
possession of the land, and |
| |
(b) | the date when the assessment is made. |
| |
(4) | If the land is the subject of a general vesting declaration, the relevant |
| |
valuation date is the earlier of— |
| |
(a) | the vesting date, and |
| 35 |
(b) | the date when the assessment is made, |
| |
| and “general vesting declaration” and “vesting date” have the |
| |
meanings given in section 2 of the Compulsory Purchase (Vesting |
| |
| |
(5) | If the acquiring authority enters on and takes possession of part of the |
| 40 |
| |
|
| |
|