The Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004

JurisdictionUK Non-devolved
CitationSI 2004/2595
Year2004

2004 No. 2595

ACQUISITION OF LAND, ENGLAND AND WALES

The Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004

4thOctober 2004

31stOctober 2004

The First Secretary of State, in exercise of the powers conferred upon him by sections 7(2), 10(2), 11(1) and (3), 12(1), 15(5) and 22 of, and paragraphs 2(1) and (3), 3(1) and 6(5) of Schedule 1 and paragraph 9 of Schedule 3 to, the Acquisition of Land Act 1981(1), and all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and application

1. - (1) These Regulations may be cited as the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004 and shall come into force on 31st October 2004.

(2) Subject to regulation 5, these Regulations apply to a compulsory purchase order -

(a) subject to confirmation under Part 2 of the Acquisition of Land Act 1981 by a confirming authority other than the National Assembly for Wales; or(b) prepared in draft under paragraph 1 of Schedule 1 to that Act by an acquiring authority other than the National Assembly for Wales.

Interpretation

2. - (1) In these Regulations -

"the Act" means the Acquisition of Land Act 1981;

"clearance compulsory purchase order" means a compulsory purchase order made pursuant to section 290 of the Housing Act 1985(2); and

"the Listed Buildings Act" means the Planning (Listed Buildings and Conservation Areas) Act 1990(3).

(2) Any reference in these Regulations -

(a) to a numbered section is to that section of the Act and to a numbered Schedule is to that Schedule to the Act; and(b) to a numbered form is to the form bearing that number in the Schedule, or to a form adapted from that numbered form as required to meet the circumstances of a particular case, or to a form substantially to the same effect as that form, whether adapted or not.

Prescribed forms in connection with compulsory purchase orders

3. Subject to regulation 4, the prescribed forms in relation to the provisions of the Act mentioned below are as follows -

(a) for the purposes of section 10(2), the form of a compulsory purchase order (other than a clearance compulsory purchase order) shall be - (i) Form 1; or(ii) if the order provides for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3 (commons, open spaces etc.), Form 2; or(iii) if the order does not provide for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section or paragraph, Form 3;(b) for the purposes of section 10(2), the form of a clearance compulsory purchase order shall be - (i) Form 4; or(ii) if the order provides for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3 (commons, open spaces etc.), Form 5; or(iii) if the order does not provide for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section or paragraph, Form 6;(c) for the purposes of - (i) section 11(1) and paragraph 2(1) of Schedule 1, the form of a newspaper notice; and(ii) section 11(3) and paragraph 2(3) of Schedule 1, the form of a notice to be affixed on or near the land comprised in the order,

shall be Form 7;

(d) for the purposes of section 12(1) and paragraph 3(1) of Schedule 1, the form of a notice to a qualifying person(4) shall be Form 8, or if the order is made under sections 121 or 125 of the Local Government Act 1972(5) on behalf of a principal council(6) or parish council, or pursuant to an agreement under section 8 of the Highways Act 1980(7) on behalf of a highway authority(8), Form 9;(e) for the purposes of section 15(5) and paragraph 6(5) of Schedule 1, the form of a confirmation notice(9) or making notice(10) shall be Form 10, except that where confirmation is by the acquiring authority pursuant to section 14A, it shall be Form 11;(f) for the purposes of section 22 and paragraph 9 of Schedule 3, the form of a newspaper notice stating that a certificate has been given under section 16 or 19 of, or paragraph 3 or 6 of Schedule 3 to, the Act shall be Form 12.

Additional provisions with respect to listed buildings

4. Where a compulsory purchase order is made under section 47 of the Listed Buildings Act (compulsory acquisition of listed buildings in need of repair), there shall be included -

(a) in Form 1, where appropriate, the additional paragraph numbered 4 set out after the notes to that Form;(b) in Form 8, after the end of paragraph 2, the additional paragraphs set out after the notes to that Form, as follows - (i) the additional paragraph numbered 3 shall be included in every case;(ii) the additional paragraph numbered 4 shall be included in any case where the notice is required by section 50(3) of the Listed Buildings Act (minimum compensation in the case of a building deliberately left derelict) to include a statement that the authority or Minister has included a direction for minimum compensation;(iii) the additional paragraph numbered 5 shall be included in every case;

and the remaining paragraphs shall be re-numbered accordingly.

Revocation and transitional provision

5. - (1) Subject to paragraph (2), the Compulsory Purchase of Land Regulations 1994(11) ("the 1994 Regulations") are revoked.

(2) Where before the coming into force of these Regulations -

(a) notice of the making of a compulsory purchase order pursuant to section 11(1) has been published; or(b) notice of the preparation in draft of the compulsory purchase order pursuant to paragraph 2(1) of Schedule 1 has been published,

the 1994 Regulations shall continue to apply in relation to that order as if these Regulations had not been made.

Signed by authority of the First Secretary of State

Keith Hill

Minister of State Office of the Deputy Prime Minister

4th October 2004

SCHEDULE

Regulation 2(2)(b)

CONTENTS

Form 1

Compulsory purchase order (other than a clearance compulsory purchase order).

Form 2

Compulsory purchase order (other than a clearance compulsory purchase order) providing for the vesting of exchange land.

Form 3

Compulsory purchase order (other than a clearance compulsory purchase order) not providing for the vesting of exchange land but providing for the discharge of rights, trusts and incidents.

Form 4

Clearance compulsory purchase order.

Form 5

Clearance compulsory purchase order providing for the vesting of exchange land.

Form 6

Clearance compulsory purchase order not providing for the vesting of exchange land but providing for the discharge of rights, trusts and incidents.

Form 7

Notice concerning a compulsory purchase order for newspaper publication and display on or near the land subject to the order.

Form 8

Notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order.

Form 9

Notice to a qualifying person of land (or of land subject to new rights) comprised in a compulsory purchase order made on behalf of a council.

Form 10

Notice of making or confirmation (other than by the acquiring authority) of a compulsory purchase order.

Form 11

Notice of confirmation by an acquiring authority of a compulsory purchase order

Form 12

Newspaper notice of the giving of a certificate under section 16 or 19 of, or paragraph 3 or 6 of Schedule 3 to, the Acquisition of Land Act 1981.

FORM 1

Regulation 3(a)(i)

FORM OF COMPULSORY PURCHASE ORDER

[THE ( ) COMPULSORY PURCHASE ORDER ](a)

The [ ] Act(b)

and the Acquisition of Land Act 1981

[The [ ] Act(s)(b)]

The [ (c)] (in this order called "the acquiring authority") makes the following order -

1. Subject to the provisions of this order, the acquiring authority is under [section of][and] [paragraph of Schedule to][the Act(b)]hereby authorised to purchase compulsorily [on behalf of the council (d)][the land][and][the new rights over land](e) described in paragraph 2 for the purpose of [ (f)].

2.

[(1) The land authorised to be purchased compulsorily under this order is the land described in the Schedule and delineated and shown [ ] on a map prepared in duplicate, sealed with the common seal of the acquiring authority and marked "Map referred to in [ (a)]".](g)

[(2) The new rights to be purchased compulsorily over land under this order are described in the Schedule and the land is shown [ (g)] on the said map.]

3. [Part[s] 2 [and 3] of Schedule 2 to the Acquisition of Land Act 1981 [is][are] hereby incorporated with this order subject to the modifications that .](h)

SCHEDULE

Table 1

Number on map (I) (1)

Extent, description and situation of the land (j) (2)

Qualifying persons under section 12(2)(a) of the Acquisition of Land Act 1981 - name and address (k) (3)

Owners or reputed owners

Lessees or reputed lessees

Tenants or reputed tenants (other than lessees)

Occupiers

Table 2

Number on map (i) (4)

Other qualifying persons under section 12(2A)(a) of the Acquisition of Land Act 1981 (l) (5)

Other qualifying persons under section 12(2A)(b) of the Acquisition of Land Act 1981 - not otherwise shown in Tables 1 & 2 (m) (6)

Name and address

Description of interest to be acquired

Name and address

Description of the land for which the person in adjoining column is likely to make a claim

[(n)This order includes land falling within special categories to which section 17(2), 18 or 19 of the Acquisition of Land Act 1981 applies, namely -

Number of map Special category(o)]

Date(p)

[Attestation Clause]

NOTES ON THE USE OF FORM 1

(a)Insert the title of the order, beginning with the name of the acquiring authority followed in brackets by the general location where the land to be acquired is situated. The words "Compulsory Purchase Order" and the year in which it is made should then follow.

(b)...

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