Part 9Compulsory purchase

Procedure

I1I2182Confirmation proceedings

1

The Acquisition of Land Act 1981 is amended as follows.

2

In section 13A (confirmation proceedings for contested orders), for subsections (2) to (6) substitute—

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.

3

In section 13B (supplementary provision about written representations procedure)—

a

in the heading, omit “Written”;

b

in each of the following provisions, omit “written”—

i

subsection (1);

ii

subsection (2);

iii

subsection (4);

iv

subsection (6);

v

subsection (7);

c

in subsection (7), for “13A(6)” substitute “13A(1D)”.

4

In section 13C (confirmation of compulsory purchase order in stages), in subsection (3), for “13A(2) or (3)” substitute “13A(1A) or (1B)”.

5

In section 14D(3) (functions of inspector appointed by confirming authority), in paragraph (c), for the words from “13A(3)(a)” to the end substitute “13A”.