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

• Citation: S.I. 2004/2595
• Sections: 5

Section 1 Citation, commencement and application

(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.

Section 2 Interpretation

(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 ; and

“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 .

(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.

Section 3 Prescribed forms in connection with compulsory purchase orders

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 shall be Form 8, or if the order is made under sections 121 or 125 of the Local Government Act 1972 on behalf of a principal council or parish council, or pursuant to an agreement under section 8 of the Highways Act 1980 on behalf of a highway authority , Form 9;

(e) for the purposes of section 15(5) and paragraph 6(5) of Schedule 1, the form of a confirmation notice or making notice 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.

Section 4 Additional provisions with respect to listed buildings

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.

Section 5 Revocation and transitional provision

(1) Subject to paragraph (2), the Compulsory Purchase of Land Regulations 1994 (“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.