Statutory Instruments
2017 No. 3
Acquisition Of Land, England
The Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017
Made
9th January 2017
Laid before Parliament
11th January 2017
Coming into force
3rd February 2017
Citation, commencement and application I1
1. —(1) These Regulations may be cited as the Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017 and come into force on 3rd February 2017.
(2) These Regulations apply in relation to the compulsory purchase of land in England only.
Interpretation I2
2. —(1) In these Regulations—
“the Act” means the Compulsory Purchase (Vesting Declarations) Act 1981;
“relevant order” 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” means—
a local or private Act which authorises the compulsory purchase of land specifically identified in that Act, or
a provision which—
is contained in an Act other than a local or private Act, and
authorises the compulsory purchase of land specifically identified in that Act.
(2) Any reference in these Regulations to a numbered form is a reference to the form bearing that number in the Schedule or to a form substantially to the same effect as that form.
(3) For the purposes of these Regulations, a compulsory purchase of land is authorised—
(a) by a compulsory purchase order, on the day on which the order is confirmed by a Minister or another authority, or made by a Minister;
(b) by an order under section 1 or 3 of the Transport and Works Act 1992( 3 ), on the day on which the Secretary of State determines under section 13(1) of that Act to make the order;
(c) by a harbour revision order, a harbour empowerment order or a harbour closure order under the Harbours Act 1964( 4 ), on the day on which the order is made by a Minister or a person who is designated in an order made under section 42A of that Act( 5 );
(d) by any other relevant order, on the day on which the order is made by a Minister; or
(e) by a special enactment( 6 ), on the day on which the special enactment is enacted.
Prescribed forms in connection with general vesting declarations I3
3. —(1) This regulation applies only in relation to a compulsory purchase of land which is authorised on or after 3rd February 2017.
(2) The prescribed forms in relation to the provisions of the Act mentioned below are as follows—
(a) for the purposes of section 4(1), the form of general vesting declaration is Form 1;
(b) for the purposes of section 6(1), the form of notice specifying the land and stating the effect of a general vesting declaration is Form 2.
Review I4
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation and savings I5
5. —(1) Subject to paragraph (2), the Compulsory Purchase of Land (Vesting Declarations) Regulations 1990( 7 ) are revoked in relation to England.
(2) The Regulations mentioned in paragraph (1) are to continue to have effect in relation to a compulsory purchase of land which is authorised before 3rd February 2017.
Signed by authority of the Secretary of State for Communities and Local Government
Gavin Barwell
Minister of State
Department for Communities and Local Government
9th January 2017
Regulation 2(2) and 3(2)
F2,F3 SCHEDULE I6
See the definition of “prescribed”. The function of the Secretary of State under section 2(1) to prescribe by regulations, so far as exercisable in relation to Wales, was transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ). This function was subsequently transferred from the National Assembly to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32) .
1981 c. 66 ; section 4(1) was amended by section 184 of the Housing and Planning Act 2016 (c. 22) . Section 6(1) was amended by section 183 of, and paragraphs 4 and 7 of Schedule 15 to, the Housing and Planning Act 2016.
1992 c. 42 . An order made under section 1 or 3 of the Transport and Works Act 1992 which authorises compulsory acquisition may provide that the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) (“the Act”) applies as if the order were a compulsory purchase order.
1964 c. 40 . An order under the Harbours Act 1964 which authorises compulsory acquisition may provide that the Act applies as if the order were a compulsory purchase order.
Section 42A was inserted by section 315 of, and paragraphs 1 and 3(1) of Schedule 21 to, the Marine and Coastal Access Act 2009 (c. 23) .
A special enactment may provide that the Act applies as if the enactment were a compulsory purchase order.