The Infrastructure Planning (Compulsory Acquisition) (Amendment) Regulations 2017

• Citation: S.I. 2017/105
• Sections: 2

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Infrastructure Planning (Compulsory Acquisition) (Amendment) Regulations 2017 and come into force on 23rd February 2017.

(2) The amendments made by regulation 2(2) and (4) apply only in relation to an order granting development consent which is made on or after 23rd February 2017.

Section 2 Amendments to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010

(1) The Infrastructure Planning (Compulsory Acquisition) Regulations 2010 are amended as follows.

(2) For regulation 3 (prescribed forms in connection with authorisation of compulsory acquisition), substitute—

Prescribed forms etc in connection with authorisation of compulsory acquisition

(3)

(1) For the purposes of section 134(7), the prescribed form of a compulsory acquisition notice is Form A in Schedule 1 to these Regulations.

(2) For the purposes of section 134(7)(cza)(i), the prescribed statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 is set out in Part 1 of Form B in Schedule 1 to these Regulations.

(3) For the purposes of section 134(7)(cza)(ii), the prescribed form for giving information to the prospective purchaser is Part 2 of Form B in Schedule 1 to these Regulations.

(3) After regulation 3 (prescribed forms in connection with authorisation of compulsory acquisition) insert—

Review

(3A)

(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in regulation 3 and the associated forms (Forms A and B), and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 23rd February 2022.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

(4) For Schedule 1, substitute Schedule 1 set out in the Schedule to these Regulations.