Compulsory Purchase by Local Authorities (Inquiries Procedure) Rules 1962
| Jurisdiction | UK Non-devolved |
| Citation | SI 1962/1424 |
| Year | 1962 |
1962 No. 1424
TRIBUNALS AND INQUIRIES
The Compulsory Purchase by Local Authorities (Inquiries Procedure) Rules 19629thJuly 1962
13thJuly 1962
1stOctober 1962
I, David, Viscount Kilmuir, Lord High Chancellor of Great Britain, in exercise of the powers conferred upon me by section 7A of the Tribunals and Inquiries Act 1958(a) and of all other powers enabling me in this behalf and after consultation with the Council on Tribunals, hereby make the following Rules:—
Citation and Commencement
1.—(1) These Rules may be cited as the Compulsory Purchase by Local Authorities (Inquiries Procedure) Rules 1962.
(2) These Rules shall come into operation on the 1st day of October 1962 but shall not apply to any compulsory purchase order made before that date.
Application of the Rules
2. These Rules shall apply to public local inquiries, and (to the extent stated in Rule 12 hereof) to hearings before a person appointed by the confirming authority, held under the provisions of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946(b) for the purpose of inquiring into the authorisation of any compulsory purchase of land by a local authority.
Interpretation
3.—(1) In these Rules, unless the context otherwise requires—
" the Act of 1946 " means the Acquisition of Land (Authorisation Procedure) Act 1946;
" the Minister " means the authority referred to as the confirming authority in Schedule 1 to the Act of 1946 ;
" acquiring authority " means a local authority as hereafter defined who have, under the provisions of Schedule 1 to the Act of 1946, made and submitted to the Minister for confirmation an order authorising the compulsory purchase of land;
" order " means an order so made and submitted ;
" appointed person " means the person appointed by the Minister to hold a public local inquiry to which these Rules apply; and " inquiry " means such an inquiry ;
" the land " means the land to which the order relates, or, where a right over land is proposed to be acquired, the land over which such right would be exercised ;
(a) 6 & 7 Eliz. 2. c. 66.
(b) 9 & 10 Geo. 6. c. 49.
" local authority " has the meaning assigned to that expression in subsection (1) of section 8 of the Act of 1946;
" statutory objector " means an owner, lessee or occupier of the land or any part thereof who, being entitled to be served with notice of the making of the order, has duly objected to the making thereof in accordance with the provisions of Schedule 1 to the Act of 1946 and whose objection has not been withdrawn, or disregarded under sub-paragraph (4) of paragraph 4 of the said Schedule or subsection (1) of section 45 of the Town and Country Planning Act 1947(a).
(2) The Interpretation Act 1889(b) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
Procedure before Inquiry
4.—(1) The Minister shall as soon as may be notify the acquiring authority of the substance of each objection received by him from a statutory objector and, so far as practicable, shall also notify the acquiring authority of the substance of other objections.
(2) A date, time and place for the holding of the inquiry shall be fixed and may be varied by the Minister who shall give or cause to be given not less than forty-two days' notice in writing of such date, time and place to every statutory objector at the address furnished to the Minister and to the acquiring authority:
Provided that—
(i) with the consent in writing of the statutory objectors and of the acquiring authority the Minister may give such lesser period of notice as shall be agreed with the statutory objectors and the acquiring authority and in that event he may specify a date for service of the statement referred to in paragraph (4) of this Rule later than the date prescribed in that paragraph ;
(ii) where it becomes necessary or advisable to vary the time or place fixed for the inquiry, the Minister shall give such notice of the variation as may appear to him to be reasonable in the circumstances.
(3) The acquiring authority shall—
(a) unless the Minister otherwise directs...
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