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The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011
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- UK Statutory Instruments
- 2011 No. 2055
- PART 2
- Regulation 51
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Changes and effects yet to be applied to Regulation 51:
- Regulations words substituted by S.I. 2022/634 Sch. para. 1(1)(3)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- blanket amendment words substituted by S.I. 2023/1071 Sch. para. 1
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 6(2)(da)-(dc) inserted by S.I. 2020/1534 reg. 3(2)(b)
- reg. 14(2)(ea)-(ec) inserted by S.I. 2020/1534 reg. 3(4)(b)
- reg. 19(2)(ga)-(gc) inserted by S.I. 2020/1534 reg. 3(5)(b)
- reg. 20(2)(fa)-(fc) inserted by S.I. 2020/1534 reg. 3(6)(b)
- reg. 55(2)(ea)-(ec) inserted by S.I. 2020/1534 reg. 3(8)(b)
- reg. 56(2)(fa)-(fc) inserted by S.I. 2020/1534 reg. 3(9)(b)
Notice of authorisation of compulsory acquisitionE+W+S
This section has no associated Explanatory Memorandum
51.—(1) This regulation applies if an order under paragraph 3(1) of Schedule 6 to the Act (“the order”) includes provision authorising the compulsory acquisition of land.
(2) In this regulation—
“the order land” means—
(a)
in a case where the order authorises the compulsory acquisition of a right over land by the creation of a new right, the land over which the right is to be exercisable;
(b)
in any other case where the order authorises the compulsory acquisition of land, the land authorised to be compulsorily acquired;
“the prospective purchaser” means—
(c)
in a case where the order authorises the compulsory acquisition of a right over land by the creation of a new right, the person for whose benefit the order authorises the creation of the right;
(d)
in any other case where the order authorises the compulsory acquisition of land, the person authorised by the order to compulsorily acquire the land.
(3) After the order has been made, the prospective purchaser must—
(a)serve a compulsory acquisition notice F1...on each person to whom paragraph (4) applies, F2...
(b)affix a compulsory acquisition notice to a conspicuous object or objects on or near the order land [F3, and]
[F4(c)make a copy of the order available, at a place in the vicinity of the land, for inspection by the public at all reasonable hours].
(4) This paragraph applies to any person who, if the order were a compulsory purchase order, would be a qualifying person for the purposes of section 12(1) of the Acquisition of Land Act 1981 M1 (notice to owners, lessees and occupiers).
(5) A compulsory acquisition notice which is affixed under paragraph (3)(b) must—
(a)be addressed to persons occupying or having an interest in the order land, and
(b)so far as practicable, be kept in place by the prospective purchaser until the end of the period of 6 weeks beginning with the date on which the order is published.
(6) The prospective purchaser must also publish a compulsory acquisition notice in one or more local newspapers circulating in the locality in which the order land is situated.
(7) A compulsory acquisition notice is a notice, which contains the following information—
(a)a description of the order land;
(b)in a case where the order includes provision authorising the compulsory acquisition of a right over land by the creation of a new right, a description of the right;
(c)a statement that the order includes provision authorising the compulsory acquisition of a right over the land by the creation of a right over it or (as the case may be) the compulsory acquisition of the land;
[F5(ca)stating where and when a copy of the order is available for inspection in accordance with paragraph (3)(c);] and
(d)a statement that a person aggrieved by the order may challenge the order only in accordance with section 118 of the Act.
F6(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 51(3)(a) omitted (1.4.2012) by virtue of The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(18)(b)
F2Word in reg. 51(3)(a) omitted (1.4.2012) by virtue of The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(18)(a)(i)
F3Word in reg. 51(3)(b) substituted for full stop (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(18)(a)(ii)
F4Reg. 51(3)(c) inserted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(18)(a)(iii)
F5Reg. 51(7)(ca) inserted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(18)(c)
F6Reg. 51(8) omitted (1.4.2012) by virtue of The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(18)(d)
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