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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2007 No. 1519

ACQUISITION OF LAND, ENGLAND AND WALES

The Planning and Compulsory Purchase Act 2004 (Corresponding Amendments) Order 2007

  Made 23rd May 2007 
  Coming into force in accordance with article 1(1)

A draft of this Order has been laid before Parliament in accordance with section 122(6) of the Planning and Compulsory Purchase Act 2004[1], and has been approved by a resolution of each House of Parliament.

     The Secretary of State makes the following Order in exercise of the powers conferred by sections 110(2) and 122(3) of that Act:

Citation, commencement, extent and application
     1. —(1) This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Corresponding Amendments) Order 2007 and shall come into force on the day after that on which it is made.

    (2) This Order extends to England and Wales only.

    (3) The amendments made by this Order do not apply to, or in relation to, orders under any of the enactments specified in the Schedule to this Order (orders relating to the compulsory acquisition of, or of rights relating to, land) of which notice has been served before the coming into force of this Order.

Amendment of enactments
    
2. The Schedule to this Order shall have effect for the amendment of the enactments specified.



Signed by authority of the Secretary of State for Communities and Local Government


Kay Andrews
Parliamentary Under Secretary of State Department for Communities and Local Government

23rd May 2007



SCHEDULE

AMENDMENT OF ENACTMENTS


Military Lands Acts 1892 (c.43)
     1. In section 2 of the Military Lands Act 1892 (machinery for purchase of land)—

Requisitioned Land and War Works Act 1945 (c.43)
     2. In section 17 of the Requisitioned Land and War Works Act 1945 (publication of proposed orders and reference to Commission)—

Land Powers (Defence) Act 1958 (c.30)
     3. In Schedule 2 to the Land Powers (Defence) Act 1958 (provisions with respect to certain orders), in Part 1 (procedure for making certain orders)—

Pipe-lines Act 1962 (c.58)
     4. —(1) In section 1 of the Pipe-lines Act 1962 (cross-country pipe-lines not to be constructed without the Minister's authority)—

    (2) In section 4 of that Act (power of Minister to secure the removal of works executed in contravention of section 1 or 2)—

    (3) In section 13 of that Act (power of Minister to attach conditions to compulsory rights orders)—

    (4) In Schedule 2 to that Act (applications for grant of compulsory purchase orders and compulsory rights orders), in Part 1 (application for grant of compulsory purchase orders)—

Harbours Act 1964 (c.40)
     5. In Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders)[
2], in Part 1 (orders made on application to the Secretary of State), in paragraph 11, for "every owner, lessee and occupier other than a tenant for a month or any period less than a month", substitute "every owner, lessee, tenant (whatever the tenancy period) and occupier".

Gas Act 1965 (c.36)
     6. —(1) Schedule 2 to the Gas Act 1965 (storage authorisation orders) is amended as follows.

    (2) In paragraph 7—

    (3) In paragraph 12—

    (4) In paragraph 14—

    (5) In paragraph 16—

Forestry Act 1967 (c.10)
     7. In Schedule 5 to the Forestry Act 1967 (compulsory purchase), in Part 1 (procedure for making compulsory purchase orders), in paragraph 2(1)(b), for "every owner, lessee and occupier (except tenants for a month or less period than a month)", substitute "every person who is an owner, lessee, tenant (whatever the tenancy period) or occupier".

Water Industry Act 1991 (c.56)
     8. In Schedule 11 to the Water Industry Act 1991 (orders conferring compulsory works powers)—

Water Resources Act 1991 (c.57)
     9. In Schedule 19 to the Water Resources Act 1991 (orders conferring compulsory works powers)—



EXPLANATORY NOTE

(This note is not part of the Order)


Section 100(5) of the Planning and Compulsory Purchase Act 2004 ("the 2004 Act") amends section 12 of the Acquisition of Land Act 1981 (c.67) ("the 1981 Act"). The effect of the amendment is to entitle a person who is a tenant (whatever the period of the tenancy) of land proposed for compulsory purchase by an authority other than a Minister, to receive notice of the making of a compulsory purchase order. Before that amendment, the entitlement under the 1981 Act had been restricted, so far as tenants were concerned, to those whose tenancy was for a period of more than one month.

Section 101(3) of the 2004 Act makes similar provision in relation to Schedule 1 to the 1981 Act, which applies where land is proposed to be compulsorily purchased by a Minister.

The Acts specified in the Schedule to this Order contain provisions broadly comparable to those in section 12 of, and Schedule 1 to, the 1981 Act before their amendment. The provisions of those Acts are amended by this Order, as specified in the Schedule, to reflect the amendments that have been made to section 12 of, and Schedule 1 to, the 1981 Act.

This Order extends to England and Wales only. The amendments do not affect any order of which notice was served before the coming into force of this Order.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.


Notes:

[1] 2004 c.5.back

[2] Schedule 3 was substituted by S.I. 1999/3445.back

[3] A relevant amendment was made by the Gas Act 1986 (c.44), Schedule 7, paragraph 6.back

[4] See also paragraph 6 of Schedule 11 to the Water Industry Act 1991, which applies, subject to modifications set out in Schedule 9 to that Act, Part 1 of the Compulsory Purchase Act 1965 (and other enactments relating to compensation). Paragraphs 7 and 8 of Schedule 11 to the 1991 Act contain special compensation provisions.back

[5] See also paragraph 6 of Schedule 19 to the Water Resources Act 1991, which applies, subject to modifications set out in Schedule 18 to that Act, Part 1 of the Compulsory Purchase Act 1965 (and other enactments relating to compensation). Paragraphs 7 and 8 of Schedule 19 to the 1991 Act contain special compensation provisions.back



ISBN 978 0 11 077121 2


 © Crown copyright 2007

Prepared 30 May 2007


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URL: http://www.bailii.org/uk/legis/num_reg/2007/20071519.html