The Compulsory Purchase of Land (Vesting Declarations) (Wales) Regulations 2017

JurisdictionWales

2017 No. 362 (W. 88)

Acquisition of Land, Wales

The Compulsory Purchase of Land (Vesting Declarations) (Wales) Regulations 2017

Made 8th March 2017

Laid before the National Assembly for Wales 14th March 2017

Coming into force 6th April 2017

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 21, 4 and 6 of the Compulsory Purchase (Vesting Declarations) Act 19812and now exercisable by them3, make the following Regulations:

S-1 Title, commencement and application

Title, commencement and application

1.—(1) The title of these Regulations is the Compulsory Purchase of Land (Vesting Declarations) (Wales) Regulations 2017 and they come into force on 6 April 2017.

(2) These Regulations apply in relation to the compulsory purchase of land in Wales.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Compulsory Purchase (Vesting Declarations) Act 1981;

“relevant order” (“gorchymyn perthnasol“) means an order which provides that the Act is to apply to the compulsory purchase of land which it authorises as if the order were a compulsory purchase order; and

“special enactment” (“deddfiad arbennig”) means—

(a) a local or private Act which authorises the compulsory purchase of land specifically identified in that Act, or

(b) a provision which—

(i) is contained in an Act other than a local or private Act, and

(ii) authorises the compulsory purchase of land specifically identified in that Act.

(2) For the purposes of these Regulations, a compulsory purchase is authorised—

(a)

(a) by a compulsory purchase order, on the day on which the order is confirmed by a Minister or the Welsh Ministers or another authority, or made by a Minister or the Welsh Ministers;

(b)

(b) by an order under section 1 or 3 of the Transport and Works Act 19924, on the day on which the Secretary of State or the Welsh Ministers determine under section 13(1) of that Act to make the order;

(c)

(c) by a harbour revision order, a harbour empowerment order or a harbour closure order under the Harbours Act 19645, on the day on which the order is made by the appropriate Minster6or the Welsh Ministers or a person who is designated in an order made under section 42A7of that Act;

(d)

(d) by any other relevant order, on the day on which the order is made by a Minister or the Welsh Ministers; or

(e)

(e) by a special enactment8, on the day on which the special enactment is enacted.

S-3 Prescribed forms in connection with general vesting declarations

Prescribed forms in connection with general vesting declarations

3.—(1) In relation to a compulsory purchase of land which is authorised on or after 6 April 2017—

(a)

(a) for the purposes of section 4(1) of the Act, the prescribed form of general vesting declaration is Form 1;

(b)

(b) for the purposes of section 6(1) of the Act, the prescribed form of notice specifying the land and stating the effect of a general vesting declaration is Form 2.

(2) The references in this regulation to a numbered form are references to the form bearing that number in the Schedule or to a form substantially to the same effect as that form.

S-4 Revocation and saving

Revocation and saving

4.—(1) Subject to paragraph (2), the Compulsory Purchase of Land (Vesting Declarations) Regulations 19909are revoked in relation to Wales.

(2) The Regulations mentioned in paragraph (1) continue to have effect in relation to a compulsory purchase of land which is authorised before 6 April 2017.

Lesley Griffiths

Cabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers

8 March 2017

SCHEDULE 1

SCHEDULE 1

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe forms for the purposes of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)(“the 1981 Act”)...

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