(1) A person authorised by Natural England may enter and survey or investigate any land in connection with the exercise by Natural England of any function conferred by or under this Part.
(2) The power conferred by subsection (1)—
(a) must be exercised at a reasonable hour;
(b) may not be exercised in relation to a private dwelling.
(3) A person authorised under subsection (1) may not demand admission as of right to any land which is occupied unless notice in writing of the intended entry has been given to the occupier as follows—
(a) if the land is held by a statutory undertaker, the notice must be at least 21 days;
(b) in any other case, the notice must be at least 24 hours.
(4) But notice under subsection (3) is not required to be given for second and subsequent entries onto the same land to carry out the same kind of surveying or investigating.
(5) A person may not be authorised under subsection (1) to enter and survey or value land in connection with a proposal by Natural England to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
(6) In this section, “statutory undertaker” means a person who is, or who is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.
84 Warrant to enter and survey or investigate land
(1) This section applies if a justice of the peace is satisfied, on an application by an authorised person giving written information on oath—
(a) that there are reasonable grounds for entering and surveying or investigating any land except a private dwelling in connection with the exercise by Natural England of any function conferred by or under this Part, and
(b) that—
(i) an authorised person has given notice as set out in section 83(3) but has been denied admission to the land or received no reply to a request for admission within a reasonable period,
(ii) admission to the land is unlikely to be granted unless a warrant is produced, or
(iii) it is necessary to confer a power to use force (if necessary) to achieve the purpose for which entry is sought.
(2) The justice of the peace may issue a warrant conferring a power on any authorised person to enter and survey or investigate the land, if necessary using reasonable force.
(3) Subject to subsection (8), a warrant may be executed in relation to land which is occupied only if notice in writing of the intended entry has been given to the occupier as follows—
(a) if the land is held by a statutory undertaker, the notice must be at least 21 days;
(b) in any other case, the notice must be at least 24 hours.
(4) That notice must—
(a) be accompanied by a copy of the warrant, or
(b) if no warrant has yet been issued, state that Natural England intends to apply for a warrant.
(5) A person executing or seeking to execute a warrant must produce a copy of the warrant to the occupier of the land (if present).
(6) A warrant must specify the number of occasions on which the warrant confers power to enter and survey or investigate the land.
(7) The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the warrant is required.
(8) Where a warrant authorises entry onto the same land on more than one occasion, notice under subsection (3) is not required to be given for second and subsequent entries to carry out the same kind of surveying or investigating.
(9) Execution of a warrant must be—
(a) within the period of three months starting with the date of its issue;
(b) at a reasonable hour.
(10) A warrant under this section may not authorise a person to enter and survey or value land in connection with a proposal by Natural England to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
(11) In this section—
“authorised person” means a person authorised by Natural England under section 83;
“statutory undertaker” has the meaning given by that section.
(1) In this section and in sections 86 and 87, “power of entry” means a power to enter and survey or investigate land conferred by section 83 or by a warrant under section 84.
(2) An authorisation of a person by Natural England to exercise a power of entry must be in writing.
(3) When exercising or seeking to exercise a power of entry, a person must if asked produce evidence of the person’s authority and state the purpose of the intended entry.
(4) A person exercising a power of entry may be accompanied by any person, and bring anything, required for any purpose for which the power of entry is being exercised.
(5) If a person exercising a power of entry has reasonable cause to expect any obstruction in exercising the power, the person may be accompanied by a constable.
(6) If in the exercise of a power of entry a person enters land which is unoccupied or from which the occupier is absent, the person must leave it as effectively secured against unauthorised entry as the person found it.
(7) A person exercising a power of entry must not carry out any surveying or investigating of a kind specified in subsection (8) unless details of what is proposed were included in—
(a) the notice under section 83(3) or 84(3), or
(b) if the land is unoccupied, a notice given to every owner of the land that the person is able to identify after taking reasonable steps to do so.
(8) The kinds of surveying or investigating referred to in subsection (7) are—
(a) carrying out an aerial survey;
(b) leaving apparatus on the land in question;
(c) taking samples of—
(i) water,
(ii) air,
(iii) soil or rock,
(iv) flora,
(v) blood, tissue or other biological material of fauna (living or dead), or
(vi) any non-living thing present as a result of human action;
(d) searching for flora or fauna;
(e) carrying out exploratory works for purposes connected with the taking of a conservation measure.
(9) A written authorisation from the Secretary of State is required before a person exercises a power of entry if—
(a) the land in question is held by a statutory undertaker, and
(b) the undertaker objects to anything proposed to be done in exercise of the power of entry on the ground that doing it would be seriously detrimental to the undertaker carrying on its undertaking.
(10) Any such objection must be in writing and must be provided to Natural England within the period for which notice is given in relation to the intended entry under section 83(3) or 84(3).
(11) In this section, “statutory undertaker” has the meaning given by section 83.
(1) If damage is caused to land or other property in the exercise of a power of entry, a person suffering the damage may recover compensation from Natural England.
(2) Notice required to be given under section 83(3), 84(3) or 85(7)(b) must include a statement about the right to such compensation.
(3) Any question of disputed compensation under subsection (1) is to be referred to and determined by the Upper Tribunal.
(4) Section 4 of the Land Compensation Act 1961 (costs) applies to the determination of a question referred under subsection (3) as it applies to the determination of a question under section 1 of that Act, but as if references to the acquiring authority were references to Natural England.
(1) A person who intentionally obstructs a person acting in exercise of a power of entry commits an offence.
(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) A person commits an offence if the person discloses confidential information, obtained in the exercise of a power of entry, for purposes other than those for which the power was exercised.
(4) A person who commits an offence under subsection (3) is liable—
(a) on summary conviction, to a fine;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.
(5) In subsection (3), “confidential information” means information—
(a) which constitutes a trade secret, or
(b) the disclosure of which would or would be likely to prejudice the commercial interests of any person.
88 Remedial action: powers of Secretary of State etc to enter and survey or investigate land
(1) A person authorised by a relevant authority may enter and survey or investigate any land for remedial action purposes.
(2) Subsection (3) applies if a justice of the peace is satisfied, on an application by a person authorised by a relevant authority giving written information on oath—
(a) that there are reasonable grounds for entering and surveying or investigating any land except a private dwelling for remedial action purposes, and
(b) that a condition specified in section 84(1)(b)(i), (ii) or (iii) is met (reading the reference to an authorised person in subsection (1)(b)(i) as a reference to a person authorised by the relevant authority).
(3) The justice of the peace may issue a warrant conferring a power on any person authorised by the relevant authority to enter and survey or investigate the land, if necessary using reasonable force.
(4) The following provisions apply in relation to the exercise of the powers conferred by or under subsections (1) and (3) on a person authorised by the relevant authority as they apply in relation to the exercise of the powers conferred by or under sections 83 and 84 on a person authorised by Natural England, reading references in the applied provisions to Natural England as references to the relevant authority—
(a) section 83(2) to (6) (notice requirement etc);
(b) section 84(3) to (10) and the definition of “statutory undertaker” in subsection (11) of that section (requirements for execution of warrant);
(c) section 85(1) to (8) (further provision about powers of entry);
(d) section 86 (compensation);
(e) section 87 (offences).
(5) Subsections (9) to (11) of section 85 (land held by statutory undertakers) apply in relation to the exercise of the powers conferred by or under subsections (1) and (3) by a person authorised by an authority within subsection (7)(b)as they apply in relation to the exercise of the powers conferred by or under sections 83 and 84 on a person authorised by Natural England, reading the reference in the applied provisions to Natural England as a reference to the authority within subsection (7)(b).
(6) In this section “remedial action purposes” means purposes connected with the taking by the Secretary of State or another public authority of—
(a) a conservation measure as mentioned in section 70(4)(a), or
(b) any other measure to improve the conservation status of an identified environmental feature as mentioned in section 70(4)(b).
(7) In this section “relevant authority” means—
(a) the Secretary of State, or
(b) a public authority to which the Secretary of State has given a direction under section 70(4)(a) or (b).
(1) Natural England may acquire land compulsorily if the Secretary of State authorises it to do so.
(2) The power under subsection (1) may be exercised in relation to land only if Natural England requires the land for purposes connected with the taking of a conservation measure.
(3) The power under subsection (1) includes power to acquire new rights over land.
(4) Subsection (5) applies where—
(a) land or new rights over land are being acquired compulsorily under subsection (1), and
(b) any of the land which is being acquired, or over which new rights are being acquired, is land which has been acquired by statutory undertakers for the purposes of their undertaking.
(5) The power under subsection (1) includes power to acquire land compulsorily for giving in replacement for the land or (as the case may be) new rights mentioned in subsection (4)(b).
(6) Subsection (7) applies where—
(a) land or new rights over land are being acquired compulsorily under subsection (1), and
(b) any of the land which is being acquired, or over which new rights are being acquired, is or forms part of a common, open space or allotment.
(7) The power under subsection (1) includes power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (6)(b).
(8) Schedule 4 makes further provision in relation to compulsory acquisition by Natural England under this section.
(9) In this section—
“allotment” means a fuel or field garden allotment;
“common” has the same meaning as in section 19 of the Acquisition of Land Act 1981;
“open space” means any land which is—
laid out as a public garden,
used for the purposes of public recreation, or
a disused burial ground;
“statutory undertakers” has the same meaning as in section 16 of the Acquisition of Land Act 1981.
(1) The Secretary of State may acquire land compulsorily if the Secretary of State requires the land for remedial action purposes.
(2) In subsection (1), “remedial action purposes” means purposes connected with the taking by the Secretary of State or another public authority of—
(a) a conservation measure as mentioned in section 70(4)(a), or
(b) any other measure to improve the conservation status of an identified environmental feature as mentioned in section 70(4)(b).
(3) The provisions of section 89(3) to (9) and Schedule 4 apply in relation to (or to matters connected with) the compulsory acquisition of land by the Secretary of State under subsection (1) as they apply in relation to (or to matters connected with) the compulsory acquisition of land by Natural England under section 89(1).
(1) Natural England must publish a report for each financial year on the exercise of its functions under this Part.
(2) Each report must include—
(a) a list of all EDPs in force, and details of the kinds of development and environmental obligations covered by each one;
(b) a list of EDPs being prepared, and details of the kinds of development and environmental obligations proposed to be covered by each one;
(c) details of any amendments to or revocations of EDPs since the previous report;
(d) a summary of Natural England’s accounts in respect of the financial year in question relating to its functions under this Part, including information about—
(i) the total amounts received by Natural England by virtue of the nature restoration levy in respect of that year, and
(ii) the total amounts spent on conservation measures in respect of that year.
(3) Natural England must have regard to guidance issued by the Secretary of State about the preparation of a report under this section.
(4) Natural England must send a copy of a report under this section to the Secretary of State, and publish the report, within such period as the Secretary of State directs.
(5) The Secretary of State must lay a copy of the report before Parliament.
(6) In this section “financial year” means—
(a) the period beginning with the day on which this Part comes into force and ending with the next 31 March, and
(b) each subsequent period of 12 months ending with 31 March.
92 Power to designate person to exercise functions under this Part
(1) The Secretary of State may by regulations designate another person to exercise the functions of Natural England under this Part.
(2) The regulations may make provision—
(a) for a designated person to replace Natural England, or
(b) for Natural England or a designated person to exercise functions under this Part only in relation to an area or a kind of development specified in the regulations.
(3) The regulations may confer on a designated person such functions of Natural England under Part 1 of the Natural Environment and Rural Communities Act 2006 as the Secretary of State considers necessary to enable the designated person to exercise the functions of Natural England under this Part.
(4) The power to make regulations under subsection (1) includes a power to make consequential amendments to an Act (including to this Act).
93 Transfer schemes in connection with regulations under section 92(1)
(1) The Secretary of State may, in connection with regulations made under section 92(1), make one or more schemes for the transfer of property, rights and liabilities (a “transfer scheme”) between—
(a) Natural England and a designated person;
(b) two or more designated persons.
(2) The things that may be transferred under a transfer scheme include—
(a) property, rights and liabilities that could not otherwise be transferred;
(b) property acquired, and rights and liabilities arising, after the making of the scheme;
(c) criminal liabilities.
(3) A transfer scheme may—
(a) create rights, or impose liabilities, in relation to property or rights transferred;
(b) make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred;
(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
(d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
(e) make provision for the shared ownership or use of property;
(f) make provision which is the same as or similar to the TUPE regulations;
(g) make other consequential, supplementary, incidental or transitional provision.
(4) A transfer scheme may provide—
(a) for modifications by agreement;
(b) for modifications to have effect from the date when the original scheme came into effect.
(5) For the purposes of this section—
(a) references to rights and liabilities include rights and liabilities relating to a contract of employment;
(b) references to the transfer of property include the grant of a lease.
(6) For the purposes of subsection (5)(a)—
(a) an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and
(b) the terms of the individual’s employment in the civil service of the State are to be treated as constituting the terms of the contract of employment.
(7) In this section—
“designated person” means a person designated in regulations made under section 92(1);
“the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
94 General duties when exercising functions relating to EDPs
(1) This section applies where—
(a) Natural England or the Secretary of State is exercising any functions in relation to the preparation, amendment or revocation of an EDP, or
(b) the Secretary of State is considering whether to take, or is taking, remedial action under section 70.
(2) Natural England or the Secretary of State must take account of the best available scientific evidence.
(3) Natural England or the Secretary of State must have regard to—
(a) the development plan for the development area,
(b) the current environmental improvement plan,
(c) any Environment Act strategies, and
(d) any other strategies or plans,
so far as Natural England or the Secretary of State considers them to be relevant.
(4) Where an EDP specifies as the development area an area that includes waters adjacent to England (see section 60(2)(b)), Natural England or the Secretary of State must also have regard to—
(a) any marine plan,
(b) the marine policy statement, and
(c) the UK marine strategy,
so far as Natural England or the Secretary of State considers them to be relevant.
(5) Where an EDP includes as an identified environmental feature a protected feature of a protected site, Natural England or the Secretary of State must have regard to any conservation objectives of the site that relate to the feature, so far as Natural England or the Secretary of State considers them to be relevant.
(6) Where an EDP includes as an identified environmental feature a protected species, Natural England or the Secretary of State must have regard to the need to achieve favourable conservation status for that species in their natural range.
(7) Subsection (8) applies where—
(a) an EDP includes as an identified environmental feature a protected feature of a protected site, and
(b) the EDP includes conservation measures of the type mentioned in section 61(5) (network conservation measures).
(8) Natural England or the Secretary of State must have regard to the need to protect the overall coherence of each relevant site network of which the protected site forms a part, so far as it relates to the protected feature.
(9) The Secretary of State may by regulations make provision about other things that must be done by Natural England when exercising functions in relation to the preparation, amendment or revocation of an EDP.
(10) In this section—
“current environmental improvement plan” has the same meaning as in Part 1 of the Environment Act 2021 (see section 8 of that Act);
“development plan” has the same meaning as in section 38 of the Planning and Compulsory Purchase Act 2004;
“Environment Act strategy” means a strategy prepared under any of the following provisions of the Environment Act 2021—
section 104 (local nature recovery strategies);
section 109 (species conservation strategies);
section 110 (protected site strategies);
“marine plan” has the meaning given in section 51(3) of the Marine and Coastal Access Act 2009;
“marine policy statement” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 44 of that Act);
“relevant site network” means—
the national site network within the meaning of the Habitats Regulations 2017 (see regulation 3 of those Regulations);
the national Ramsar site series within the meaning of the Habitats Regulations 2017 (see regulation 3 of those Regulations);
the network referred to in section 123(2) of the Marine and Coastal Access Act 2009 (marine protected area network);
“the UK marine strategy” means the strategy developed under the Marine Strategy Regulations 2010 (S.I. 2010/1627).
(1) A public authority in England must co-operate with Natural England and give it such reasonable assistance as it requests in connection with the preparation or implementation of an EDP.
(2) The things that a public authority may be required to do under the duty in subsection (1) include, in particular—
(a) the provision of information to Natural England;
(b) the imposition or variation of a condition of development;
(c) assistance with the implementation of conservation measures.
(3) A public authority must have regard to any guidance given by the Secretary of State about how the duty in subsection (1) is to be complied with.
(4) Subsection (1) does not apply to—
(a) a court or tribunal,
(b) either House of Parliament, or
(c) a person exercising a parliamentary function.
(5) The duty in subsection (1) does not operate to require a disclosure or use of information that would contravene the data protection legislation (but in determining whether a disclosure or use would do so, the duty is to be taken into account).
(6) In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
(1) In Schedule 5—
(a) Part 1 amends the Habitats Regulations 2017 to provide that, for certain purposes, Ramsar sites are treated in the same way as European sites;
(b) Part 2 makes amendments related to, or consequential on, provision made by this Part.
(2) The Secretary of State may by regulations make amendments (including amendments to an Act or to assimilated law) that are consequential on this Part.
(1) Regulations under this Part are to be made by statutory instrument.
(2) A statutory instrument containing—
(a) nature restoration levy regulations,
(b) regulations under section 92 (power to designate person to exercise functions of Natural England), or
(c) regulations under section 96(2) (consequential amendments) which amend an Act,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3) Any other statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Regulations under this Part—
(a) may make different provision for different purposes or areas;
(b) may make transitional, transitory or saving provision;
(c) may make incidental, supplementary or consequential provision.
(1) This Part binds the Crown, subject as follows.
(2) Regulations under this Part may (but need not) make provision binding the Crown; but—
(a) no contravention of any provision of regulations under this Part is to make the Crown criminally liable;
(b) regulations under this Part may not confer a power of entry over Crown land unless the regulations require a person who may exercise such a power to obtain the permission of the appropriate authority before the power is exercised.
(3) Before implementing a conservation measure under an EDP that is to be taken on or may otherwise affect Crown land, Natural England must obtain the permission of the appropriate authority.
(4) The power conferred by section 83 applies in relation to Crown land, but only if the person seeking entry to the land has the permission of—
(a) a person appearing to the person seeking entry to be entitled to give it, or
(b) the appropriate authority.
(5) The power conferred by section 88(1) applies in relation to Crown land, but, except where subsection (6) applies, only if the person seeking entry to the land has the permission of—
(a) a person appearing to the person seeking entry to be entitled to give it, or
(b) the appropriate authority.
(6) This subsection applies if—
(a) the person seeking to exercise that power is a person authorised by the Secretary of State, and
(b) the appropriate authority is a government department or the Secretary of State.
(7) If the appropriate authority is the occupier of the land, section 83(3) (notice requirement) does not apply in relation to the exercise of the power conferred by section 83 or 88(1).
(8) The following provisions do not apply in relation to anything done by virtue of subsection (4) or (5)—
(a) section 85(7) to (10) (further provision about powers of entry);
(b) section 87 (offences).
(9) Sections 89 and 90 (powers to acquire land compulsorily) do not apply in relation to Crown land.
(10) In this section, “Crown land” and “the appropriate authority” have the same meanings as in Part 13 of the Town and Country Planning Act 1990 (see section 293 of that Act).
In this Part—
“condition of development” means—
a condition, limitation or other restriction that may be imposed on a grant of planning permission under Part 3 of the Town and Country Planning Act 1990,
a requirement that may be included in an order granting development consent under the Planning Act 2008 (see section 120(1) and (2) of that Act),
a condition that may be attached to the grant of listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990,
a condition that may be attached to a marine licence under section 71(1)(b) of the Marine and Coastal Access Act 2009, or
a condition that may be attached to a harbour revision order under section 14 of the Harbours Act 1964 or a harbour empowerment order under section 16 of that Act;
“conservation measure” has the meaning given in section 61(3);
“development” has the same meaning as in the Town and Country Planning Act 1990 (see section 55 of that Act), but also includes—
development within the meaning of the Planning Act 2008 (see section 32 of that Act),
works required to be authorised under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990, and
licensable marine activities, within the meaning of Part 4 of the Marine and Coastal Access Act 2009 (see section 66 of that Act);
“development area” has the meaning given in section 60(1);
“EDP” means an environmental delivery plan;
“EDP start date” and “EDP end date” have the meanings given in section 60(7);
“environmental delivery plan” has the meaning given in section 59(1);
“environmental impact” has the meaning given in section 61(1);
“European site” has the same meaning as in the Habitats Regulations 2017 (see regulation 8);
“the Habitats Regulations 2017” means the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);
“identified environmental feature” means an environmental feature identified in an EDP in accordance with section 61(1);
“local planning authority” has the same meaning as in the Town and Country Planning Act 1990 (see Part 1 of that Act);
“marine conservation zone” means an area designated as such under section 116 of the Marine and Coastal Access Act 2009;
“nature restoration levy regulations” has the meaning given in section 73;
“overall improvement test” means the test set out in section 65(4);
“protected site” means—
a European site,
an SSSI,
a Ramsar site, or
a marine conservation zone,
and “protected feature”, in relation to a protected site, means any habitat or species, or assemblage of habitats or species, or any feature of geological, geomorphological or physiographical interest by reason of which the site is a protected site;
“protected species” means a species of animal or plant that is—
listed in Schedule 2, 4 or 5 of the Habitats Regulations 2017, or
protected by—
Part 1 of the Wildlife and Countryside Act 1981, or
the Protection of Badgers Act 1992;
“public authority” means a person who exercises functions of a public nature;
“Ramsar Convention” means the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2 February 1971, as amended by—
the Protocol known as the Paris Protocol done at Paris on 3 December 1982, and
the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28 May and 3 June 1987;
but if that Convention is further amended after the passing of this Act, the references to the Ramsar Convention in this Part are to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision);
“Ramsar site” means a site that has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article;
“SSSI” means a site of special scientific interest within the meaning of Part 2 of the Wildlife and Countryside Act 1981;
“working day” means any day other than—
Saturday or Sunday,
Christmas Day or Good Friday, or
a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
(1) The New Towns Act 1981 is amended as set out in subsections (2) and (3).
(2) In section 1 (designation of areas), for subsection (3) substitute—
(3) An order under this section—
(a) may include in the area designated as the site of the proposed new town any existing town or other centre of population;
(b) may, in relation to a proposed new town in England—
(i) designate separate parcels of land as the area for the site of the proposed new town;
(ii) designate an area of land which is adjacent to an existing town or other centre of population so that the area is developed as an urban extension rather than as a wholly new town;
and references in this Act to a new town or proposed new town are to be construed accordingly.
(3) In section 3 (establishment of development corporations for new towns), after subsection (1) insert—
(1A) A single development corporation may be established for the purposes of the development of more than one new town in England if the Secretary of State considers that having a single development corporation would facilitate efficient development.
(4) The Local Government, Planning and Land Act 1980 is amended as set out in subsections (5) and (6).
(5) In section 134 (urban development areas), after subsection (1B) (as inserted by section 171(2) of the Levelling-up and Regeneration Act 2023) insert—
(1C) An area of land designated as an urban development area in England must include, but need not wholly consist of, an area in an existing town or centre of population.
(6) In section 171 (interpretation of Part 16)—
(a) the existing text becomes subsection (1);
(b) after that subsection insert—
(2) In this Part as it applies in relation to England, references to the regeneration of an area are to be read as references to the regeneration or development of the area.
(7) In section 201 of the Localism Act 2011 (objects and powers of Mayoral development corporations), in subsection (1) after “regeneration” insert “or development”.
101 Relationship between different types of development corporation
(1) The New Towns Act 1981 is amended as set out in subsections (2) to (5).
(2) In section 1 (designation of areas), after subsection (3) insert—
(3ZA) An order under this section may designate an area of land that includes any area (the “overlap area”) that is, or forms part of, an area that has already been designated (the “previously designated area”) under—
(a) section 1ZB(2) (designation of locally-led new town in England),
(b) section 134(1B) of the Local Government, Planning and Land Act 1980 (designation of locally-led urban development area), or
(c) section 197 of the Localism Act 2011 (designation of Mayoral development area).
(3ZB) On the coming into force of an order that makes provision as mentioned in subsection (3ZA), the overlap area no longer forms part of the previously designated area.
(3ZC) Where the Secretary of State makes an order that contains provision as mentioned in subsection (3ZA), the Secretary of State may also make regulations—
(a) amending any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;
(b) providing for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the new town;
(c) where the overlap area completely covers the previously designated area, providing for the dissolution of the development corporation for the previously designated area;
(d) making consequential, incidental, supplementary, transitional or saving provision.
(3ZD) The Secretary of State may, in connection with regulations under subsection (3ZC), make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the new town (see also section 9B (transfer schemes: general provisions)).
(3) In section 1ZA (local authority proposal for designation of locally-led new town in England, as inserted by section 172(2) of the Levelling-up and Regeneration Act 2023), after subsection (1) insert—
(1A) A proposal area must not include any area of land that is, or forms part of, an area that is designated under—
(a) section 1 (designation of new town area by Secretary of State),
(b) section 134(1) of the Local Government, Planning and Land Act 1980 (designation of urban development area by Secretary of State), or
(c) section 197 of the Localism Act 2011 (designation of Mayoral development area).
(See also section 1(3ZB) and (3ZC), section 197(2B) and (2C) of the Localism Act 2011 and section 134(1E) and (1F) of the Local Government, Planning and Land Act 1980.)
(4) In section 1ZB (designation of locally-led new town in England, as inserted by section 172(2) of the Levelling-up and Regeneration Act 2023), in subsection (2)—
(a) for “may” substitute “must”;
(b) omit from “if” to the end.
(5) In section 77 (regulations and orders)—
(a) in subsection (2A), after “section” insert “1(3ZC) or”;
(b) in subsection (3C), after “order” insert “or regulations”.
(6) The Localism Act 2011 is amended as set out in subsections (7) to (9).
(7) In section 197 (designation of Mayoral development areas)—
(a) in subsection (1), for “any” substitute “an”;
(b) after subsection (2) insert—
(2A) An area of land designated under subsection (1)—
(a) may include any area (the “overlap area”) that is, or forms part of, an area of land that has already been designated (the “previously designated area”) under—
(i) section 1ZB(2) of the New Towns Act 1981 (designation of locally-led new town in England), or
(ii) section 134(1B) of the Local Government, Planning and Land Act 1980 (designation of locally-led urban development area);
(b) may not include any area that is, or forms part of, an area that is designated under—
(i) section 1 of the New Towns Act 1981 (designation of new town area by Secretary of State), or
(ii) section 134(1) of the Local Government, Planning and Land Act 1980 (designation of urban development area by Secretary of State).
(See also section 1(3ZB) and (3ZC) of the New Towns Act 1981 and section 134(1E) and (1F) of the Local Government, Planning and Land Act 1980.)
(2B) Where the Mayor designates an area as mentioned in subsection (2A)(a), the Secretary of State must make regulations providing that the overlap area no longer forms part of the previously designated area.
(2C) The regulations may also—
(a) amend any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;
(b) provide for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the Mayoral development area;
(c) where the overlap area completely covers the previously designated area, provide for the dissolution of the development corporation for the previously designated area.
(2D) The Secretary of State may, in connection with regulations under this section, make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the Mayoral development area (see also section 218 (transfer schemes: general provisions)).
(8) In section 218 (transfer schemes: general provisions), in the definition of “transfer scheme” in subsection (1), after “section” insert “197(2D),”.
(9) In section 235 (orders and regulations)—
(a) in subsection (7), after paragraph (j) insert—
(ja) regulations under section 197;
;
(b) in subsection (14), after “52” insert “or regulations under section 197”.
(10) The Local Government, Planning and Land Act 1980 is amended as set out in subsections (11) to (13).
(11) In section 134 (urban development areas)—
(a) in subsection (1B) (as inserted by section 171(2) of the Levelling-up and Regeneration Act 2023)—
(i) in the words before paragraph (a), for “may” substitute “must”;
(ii) omit paragraph (b) (and the “and” immediately before it);
(b) after subsection (1C) (inserted by section 100) insert—
(1D) An order under subsection (1) may designate any area of land that includes an area (the “overlap area”) that is, or forms part of, an area that has already been designated (the “previously designated area”) under—
(a) subsection (1B) (designation of locally-led urban development area),
(b) section 1ZB(2) of the New Towns Act 1981 (designation of locally-led new town in England), or
(c) section 197 of the Localism Act 2011 (designation of Mayoral development area).
(1E) On the coming into force of an order that makes provision as mentioned in subsection (1D), the overlap area no longer forms part of the previously designated area.
(1F) Where the Secretary of State makes an order that contains provision as mentioned in subsection (1D), the Secretary of State may also by regulations made by statutory instrument—
(a) amend any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;
(b) provide for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the urban development area;
(c) where the overlap area completely covers the previously designated area, provide for the dissolution of the development corporation for the previously designated area;
(d) make consequential, incidental, supplementary, transitional or saving provision.
(1G) The Secretary of State may, in connection with regulations under subsection (1F), make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the urban development area (see also section 140B (transfer schemes: general provisions)).
;
(c) in subsection (4), after “(1B)” insert “or regulations made by the Secretary of State under subsection (1F)”;
(d) in subsection (4A), after “(1B)” insert “or regulations made by the Secretary of State under subsection (1F)”.
(12) In section 134A (local authority proposal for designation of locally-led urban development area in England, as inserted by section 171(3) of the Levelling-up and Regeneration Act 2023), after subsection (1) insert—
(1A) A proposal area must not include any area of land that is, or forms part of, an area that is designated under—
(a) section 134(1) (designation of urban development area by Secretary of State),
(b) section 1 of the New Towns Act 1981 (designation of new town area by Secretary of State), or
(c) section 197 of the Localism Act 2011 (designation of Mayoral development area).
(See also section 134(1E) and (1F), section 1(3ZB) and (3ZC) of the New Towns Act 1981 and section 197(2B) and (2C) of the Localism Act 2011.)
(13) In section 171 (interpretation), in the definition of “urban development area”, after “it” insert “by virtue of subsection (1E) of that section or”.
102 Duties to have regard to sustainable development and climate change
(1) In section 4 of the New Towns Act 1981 (objects and general powers of development corporations), in subsection (1A), for “the achievement of sustainable development” substitute
—
(a) the achievement of sustainable development, and
(b) the mitigation of, and adaptation to, climate change.
(2) In section 136 of the Local Government, Planning and Land Act 1980 (objects and general powers of urban development corporations), after subsection (1) insert—
(1A) In pursuing that object, an urban development corporation that is established for the purposes of regenerating or developing an urban development area in England must aim to contribute to—
(a) the achievement of sustainable development, and
(b) the mitigation of, and adaptation to, climate change.
(1B) For the purposes of subsection (1A) an urban development corporation must (in particular) have regard to the desirability of good design.
(3) In section 201 of the Localism Act 2011 (objects and powers of Mayoral development corporations), after subsection (1) insert—
(1A) In pursuing that object, an MDC must aim to contribute to—
(a) the achievement of sustainable development, and
(b) the mitigation of, and adaptation to, climate change.
(1B) For the purposes of subsection (1A), an MDC must (in particular) have regard to the desirability of good design.
(1) The New Towns Act 1981 is amended as set out in subsections (2) to (5).
(2) In section 4 (objects and general powers of development corporations)—
(a) after subsection (1B) insert—
(1C) To secure such laying out and development every development corporation established for the purposes of a new town in England has the power (subject to section 5)—
(a) to acquire, hold, manage and dispose of land and other property,
(b) to carry out building and other operations,
(c) to carry on any business or undertaking in or for the purposes of the new town,
and generally to do anything necessary or expedient for the purposes or incidental purposes of the new town. (See also section 4A (powers in relation to infrastructure).)
;
(b) in subsection (2), in the words before paragraph (a), after “corporation” insert “established for the purposes of a new town in Wales”;
(c) in subsection (3)—
(i) in the words before paragraph (a), for “subsection (2)” substitute “subsections (1C) and (2)”;
(ii) in paragraph (a), for “that subsection” substitute “those subsections”;
(iii) in paragraph (b), for “that subsection” substitute “those subsections”;
(d) in subsection (5)(b), after “subsection” insert “(1C) or”.
(3) After section 4 insert—
Powers in relation to infrastructure: England
4A (1) A development corporation established for the purposes of a new town in England may, to secure the laying out and development referred to in section 4(1), provide or facilitate the provision of infrastructure.
(2) In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).
(3) In this section “infrastructure” means—
(a) water, electricity, gas, telecommunications, sewerage or other services, including heat networks,
(b) roads or other transport facilities,
(c) retail or other business facilities,
(d) health, educational, employment or training facilities,
(e) social, religious or recreational facilities,
(f) cremation or burial facilities, and
(g) community facilities not falling within paragraphs (a) to (f).
(4) Section 4(5) applies in relation to subsection (1) as it applies in relation to section 4(2).
(4) In section 5 (restriction on powers of development corporations), in subsection (5)—
(a) in paragraph (a), after “services” insert “or heat networks”;
(b) in paragraph (b), at the beginning insert “in the case of a development corporation established for the purposes of a new town in Wales,”;
(c) in the words after paragraph (b), after “undertaking” insert “in Wales”.
(5) In section 80(1) (defined terms), at the appropriate place insert—
“heat networks” has the meaning given by section 216 of the Energy Act 2023;
.
(6) The Local Government, Planning and Land Act 1980 is amended as set out in subsections (7) to (9).
(7) In section 136 (objects and general powers)—
(a) after subsection (2) insert—
(2A) Subject to sections 137 and 138, for the purpose of achieving the object an urban development corporation established for the purposes of an urban development area in England may—
(a) acquire, hold, manage, reclaim and dispose of land and other property;
(b) carry out building and other operations;
(c) carry on any business or undertaking for the purposes of the object; and
(d) generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes.
(See also section 136A (powers in relation to infrastructure).)
(2B) But nothing in this Part authorises an urban development corporation established for the purposes of an urban development area in England to carry on any business or undertaking for—
(a) the supply of water, electricity or gas, or
(b) the provision of sewerage services or heat networks.
;
(b) in subsection (3), in the words before paragraph (a), after “corporation” insert “established for the purposes of an urban development area in Wales”;
(c) in subsection (4), for after “subsection” insert “(2A) or”;
(d) in subsection (7), for “subsection (3)” substitute “subsection (2A) or (3)”.
(8) After section 136 insert—
Powers in relation to infrastructure: England
136A (1) An urban development corporation established for the purposes of an urban development area in England may, for the purpose of achieving the object in section 136(1), provide or facilitate the provision of infrastructure.
(2) In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).
(3) In this section “infrastructure” means—
(a) water, electricity, gas, telecommunications, sewerage or other services, including heat networks,
(b) roads or other transport facilities,
(c) retail or other business facilities,
(d) health, educational, employment or training facilities,
(e) social, religious or recreational facilities,
(f) cremation or burial facilities, and
(g) community facilities not falling within paragraphs (a) to (f).
(4) Section 136(7) applies in relation to subsection (1) as it applies in relation to section 136(3).
(9) In section 171 (interpretation), at the appropriate place insert—
“heat networks” has the meaning given by section 216 of the Energy Act 2023;
.
(10) The Localism Act 2011 is amended as follows.
(11) In section 205(4) (powers of Mayoral development corporations in relation to infrastructure), at the end of paragraph (a) insert “including heat networks within the meaning of section 216 of the Energy Act 2023,”.
(12) In section 212 (power of Mayoral development corporations to carry on businesses or undertakings)—
(a) after subsection (1) insert—
(1A) This section does not authorise an MDC to carry on a business for—
(a) the supply of water, electricity or gas, or
(b) the provision of sewerage services or heat networks.
;
(b) after subsection (6) insert—
(7) In this section “heat networks” has the meaning given by section 216 of the Energy Act 2023.
104 Exercise of transport functions and transfer schemes
(1) In the New Towns Act 1981, after section 9 insert—
Transport functions relating to new towns in England
Exercise of transport functions
9A (1) A relevant transport authority must—
(a) have regard to any plans published or shared with the authority by an English new town development corporation that may be relevant to the exercise of the authority’s functions, and
(b) co-operate with an English new town development corporation in the development and implementation of the corporation’s plans.
(2) If the Secretary of State considers that a relevant transport authority has failed to comply with the duty in subsection (1), the Secretary of State may direct the authority to exercise its functions in such a way as to comply with that duty.
(3) If a relevant transport authority fails to comply with a direction under subsection (2), the Secretary of State may by regulations provide for any function of the transport authority that has an effect on the area of the new town for which the development corporation was established to be exercisable by the development corporation.
(4) Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation either generally or subject to such conditions or limitations as may be specified in the regulations.
(5) Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation—
(a) instead of by the relevant transport authority,
(b) concurrently with the relevant transport authority, or
(c) jointly with the relevant transport authority.
(6) Regulations under subsection (3) may—
(a) make different provision for different purposes;
(b) include consequential, supplementary, incidental, transitional or saving provision.
(7) The Secretary of State may, in connection with regulations under subsection (3), make one or more schemes for the transfer of property, rights and liabilities between the corporation and the relevant transport authority to which the regulations relate (see also section 9B (transfer schemes: general provisions)).
(8) In this section—
“English new town development corporation” means a new town development corporation established for the purposes of a new town in England;
“relevant transport authority” means any of the following for an area in England—
a local transport authority within the meaning of Part 2 of the Transport Act 2000 (see section 108(4) of that Act),
a local highway authority within the meaning of the Highways Act 1980 (see section 329 of that Act), or
a local traffic authority within the meaning of the Road Traffic Regulation Act 1984 (see section 121A(5) of that Act).
Transfer schemes: general
Transfer schemes under sections 1 and 9A: general provisions
9B (1) In this section “transfer scheme” means a scheme under section 1(3ZD) or 9A(7).
(2) The things that may be transferred under a transfer scheme include—
(a) property, rights and liabilities that could not otherwise be transferred, and
(b) property acquired, and rights and liabilities arising, after the making of the scheme.
(3) A transfer scheme may—
(a) create rights, or impose liabilities, in relation to property or rights transferred;
(b) make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred;
(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
(d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the new regulator;
(e) make provision for the shared ownership or use of property;
(f) make provision which is the same as or similar to the TUPE regulations;
(g) make other consequential, supplementary, incidental or transitional provision.
(4) A transfer scheme may provide—
(a) for modifications by agreement;
(b) for modifications to have effect from the date when the original scheme came into effect.
(5) In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
(6) For the purposes of this section—
(a) references to rights and liabilities include rights and liabilities relating to a contract of employment;
(b) references to the transfer of property include the grant of a lease.
(2) In the Local Government, Planning and Land Act 1980, after section 140 insert—
Transport functions relating to urban development areas in England
Exercise of transport functions
140A (1) A relevant transport authority must—
(a) have regard to any plans published or shared with the authority by an English urban development corporation that may be relevant to the exercise of the authority’s functions, and
(b) co-operate with an English urban development corporation in the development and implementation of the corporation’s plans.
(2) If the Secretary of State considers that a relevant transport authority has failed to comply with the duty in subsection (1), the Secretary of State may direct the authority to exercise its functions in such a way as to comply with that duty.
(3) If a relevant transport authority fails to comply with a direction under subsection (2), the Secretary of State may by regulations provide for any function of the transport authority that has an effect on the urban development area for which the urban development corporation was established to be exercisable by the development corporation.
(4) Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation either generally or subject to such conditions or limitations as may be specified in the regulations.
(5) Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation—
(a) instead of by the relevant transport authority,
(b) concurrently with the relevant transport authority, or
(c) jointly with the relevant transport authority.
(6) Regulations under subsection (3)—
(a) are to be made by statutory instrument;
(b) may make different provision for different purposes;
(c) may include consequential, supplementary, incidental, transitional or saving provision.
(7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(8) The Secretary of State may, in connection with regulations under subsection (3), make one or more schemes for the transfer of property, rights and liabilities between the corporation and the relevant transport authority to which the regulations relate (see also section 140B (transfer schemes: general provisions)).
(9) In this section—
“English urban development corporation” means an urban development corporation established for the purposes of an urban development area in England;
“relevant transport authority” means any of the following for an area in England—
a local transport authority within the meaning of Part 2 of the Transport Act 2000 (see section 108(4) of that Act),
a local highway authority within the meaning of the Highways Act 1980 (see section 329 of that Act), or
a local traffic authority within the meaning of the Road Traffic Regulation Act 1984 (see section 121A(5) of that Act).
Transfer schemes: general
Transfer schemes under sections 134 and 140A: general provisions
140B (1) In this section “transfer scheme” means a scheme under section 134(1G) or 140A(8).
(2) The things that may be transferred under a transfer scheme include—
(a) property, rights and liabilities that could not otherwise be transferred, and
(b) property acquired, and rights and liabilities arising, after the making of the scheme.
(3) A transfer scheme may—
(a) create rights, or impose liabilities, in relation to property or rights transferred;
(b) make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred;
(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
(d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the new regulator;
(e) make provision for the shared ownership or use of property;
(f) make provision which is the same as or similar to the TUPE regulations;
(g) make other consequential, supplementary, incidental or transitional provision.
(4) A transfer scheme may provide—
(a) for modifications by agreement;
(b) for modifications to have effect from the date when the original scheme came into effect.
(5) In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
(6) For the purposes of this section—
(a) references to rights and liabilities include rights and liabilities relating to a contract of employment;
(b) references to the transfer of property include the grant of a lease.
(1) In section 6 of the Acquisition of Land Act 1981 (service of documents), at the end insert—
(5) Any notice or other document required or authorised to be served on a person under this Act may be served by sending it to an email address or uploading it to a website at which the person has agreed in writing to receive notices or documents for the purposes of the compulsory purchase order to which the notice or document relates.
(6) Any notice or other document required or authorised to be served under this Act on—
(a) an acquiring authority,
(b) a confirming authority,
(c) an inspector,
(d) a local authority, or
(e) a statutory undertaker,
may also be served electronically by a method mentioned in subsection (7).
(7) The methods of electronic service are—
(a) sending the notice or document to an appropriate email address, or
(b) uploading the notice or document to an appropriate website.
(8) For the purposes of subsection (7)—
(a) an email address or website is an appropriate one for the service of notices or documents if the person being served has—
(i) provided the email address or details of the website to the sender for the purposes of communicating with them about land subject to the compulsory purchase order or about the order itself, or
(ii) published the fact that the email address or the website may be used for those purposes;
(b) an email address is also an appropriate one for the service of notices or documents if the person being served has previously used it for the purposes of communicating with the sender about land subject to the compulsory purchase order or about the order itself.
(9) A notice or other document sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent.
(10) In this section—
“inspector” means a person appointed under section 14D;
“local authority” means a local authority within the meaning of section 7(1) or section 17(4);
“statutory undertaker” includes the persons mentioned in section 16(3) and in the definition of statutory undertaker in section 17(4);
“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
(11) This section does not apply to a communication required or authorised to be sent under this Act to the High Court.
(2) In section 38 of the Land Compensation Act 1961 (service of notices), at the end insert—
(3) Any communication required or authorised to be sent to a person under this Act may be sent to an email address or uploaded to a website at which the person has agreed in writing to receive communications for the purposes of the claim for compensation.
(4) Any communication required or authorised under this Act to be sent to—
(a) an acquiring authority,
(b) a confirming authority, or
(c) a local planning authority,
may also be sent electronically by a method mentioned in subsection (5).
(5) The methods are—
(a) sending the communication to an appropriate email address, or
(b) uploading the communication to an appropriate website.
(6) For the purposes of subsection (5)—
(a) an email address or website is an appropriate one if the person to whom the communication is to be sent has—
(i) provided the email address or details of the website to the sender for the purposes of communicating with them about the claim for compensation, or
(ii) published the fact that the email address or the website may be used for those purposes;
(b) an email address is also an appropriate one if the person to whom the communication is to be sent has previously used it for the purposes of communicating with the sender about the claim for compensation.
(7) A communication sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent.
(8) In this section—
“confirming authority” has the same meaning as in Schedule 2A (see paragraph 9 of that Schedule);
“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
(9) This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.
(3) In Part 6 of the Land Compensation Act 1973 (supplementary provisions), after section 84 insert—
Service of documents
84A (1) Any communication required or authorised to be sent to a person under this Act may be sent to an email address or uploaded to a website at which the person has agreed in writing to receive communications for the purposes of the claim for compensation.
(2) Any communication required or authorised under this Act to be sent to—
(a) an acquiring authority, or
(b) a responsible authority within the meaning of section 1,
may also be sent electronically by a method mentioned in subsection (3).
(3) The methods are—
(a) sending the communication to an appropriate email address, or
(b) uploading the communication to an appropriate website.
(4) For the purposes of subsection (3)—
(a) an email address or website is an appropriate one if the authority has—
(i) provided the email address or details of the website to the sender for the purposes of communicating with them about the claim for compensation, or
(ii) published the fact that the email address or the website may be used for those purposes;
(b) an email address is also an appropriate one if the authority has previously used it for the purposes of communicating with the sender about the claim for compensation.
(5) A communication sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent.
(6) In this section “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
(7) This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.
(4) The amendments made by subsection (1) do not apply in relation to a compulsory purchase order made under the Acquisition of Land Act 1981 in a case where the first notice under—
(a) section 11(1) of that Act (purchases by local and other authorities: public notice), or
(b) paragraph 2(1) of Schedule 1 to that Act (purchases by Ministers: public notices),
was published before this section came into force.
(5) The amendments made by subsection (1) do not apply in relation to a purchase under the Compulsory Purchase Act 1965 in a case where the notice to treat under section 5(1) of that Act relating to the purchase was given before this section came into force (for the application of section 6 of the Acquisition of Land Act 1981 to the service of notices under the Compulsory Purchase Act 1965, see section 30 of that Act).
(1) Part 2 of the Acquisition of Land Act 1981 (purchases by local and other authorities) is amended as set out in subsections (2) and (3).
(2) In section 11 (obligation on acquiring authority to publish notice of compulsory purchase order), after subsection (2) insert—
(2ZA) In the case of a notice under subsection (1)(a), the requirement in subsection (2)(b) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).
(3) In section 15 (notices after confirmation of order)—
(a) after subsection (4) insert—
(4ZA) In the case of a notice under subsection (3)(a), the requirement in subsection (4)(a) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).
;
(b) at the end of subsection (4F)(b), insert “except that, in the case of a fulfilment notice under subsection (4C)(b)(i), the requirement to annex a description of the land (see subsection (4)(a)) may be met by briefly identifying the land (by giving its postal address or otherwise).”
(4) Schedule 1 to that Act (purchases by Ministers) is amended as set out in subsections (5) and (6).
(5) In paragraph 2 (obligation on Minister to publish notice of compulsory purchase order), after sub-paragraph (2) insert—
(2ZA) In the case of a notice under sub-paragraph (1)(a), the requirement in sub-paragraph (2)(b) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).
(6) In paragraph 6 (notices after confirmation order)—
(a) after sub-paragraph (4) insert—
(4ZA) In the case of a notice under sub-paragraph (3)(a), the requirement in sub-paragraph (4)(a) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).
;
(b) at the end of sub-paragraph (4D)(b), insert “except that, in the case of a fulfilment notice under sub-paragraph (4C)(b)(i), the requirement to annex a description of the land (see sub-paragraph (4)(a)) may be met by briefly identifying the land (by giving its postal address or otherwise).”
107 Confirmation by acquiring authority: orders with modifications
(1) Section 14A of the Acquisition of Land Act 1981 (confirmation by acquiring authority) is amended as follows.
(2) In subsection (3)(c), for “without modification” substitute
—
(i) without modification, or
(ii) with only such modifications as are specified by the confirming authority in the notice.
(3) After subsection (4) insert—
(4A) A confirming authority may specify a modification only if—
(a) it modifies the order so as to add an additional interest in land, and the confirming authority is satisfied that the interest holder consents to the proposed modification,
(b) it modifies the order so as to remove an interest in any land to which the order applies,
(c) it modifies the order so as to remove part of an interest in any land to which the order applies, and the confirming authority is satisfied that the interest holder consents to the proposed modification, or
(d) it modifies the order in such a way that no interests in land are affected.
(4) In subsection (5)—
(a) in paragraph (a), for “or” substitute “other than those specified in the notice,”;
(b) at the end insert
, or
(c) in a case where the notice specifies modifications, to confirm the order without those modifications.
(5) After subsection (6) insert—
(6A) In a case where the acquiring authority has determined to confirm an order with modifications, it must, at the same time as notifying the confirming authority under subsection (6)—
(a) provide the confirming authority with a copy of the order as modified, and
(b) certify that the only modifications are those specified by the confirming authority.
108 General vesting declarations: expedited procedure
(1) The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows.
(2) In section 2(1) (interpretation and construction), after the definition of “acquiring authority” insert—
“expedited procedure” means the procedure (available in respect of unoccupied land etc or where there is no identifiable interest holder) whereby a general vesting declaration may vest the land in the acquiring authority less than three months from the date on which the service of notices required by section 6 is completed (see section 4(1ZA)(a) and sections 4A and 4B),
.
(3) In section 4 (execution of declaration)—
(a) in subsection (1) omit from “(not” to the end;
(b) after subsection (1) insert—
(1ZA) That period must be—
(a) where the expedited procedure is available (see section 4A), not less than six weeks from the date on which the service of notices required by section 6 is completed;
(b) otherwise not less than three months from that date.
(4) After section 4 insert—
Vesting date: expedited procedure
4A (1) The expedited procedure is available in relation to a general vesting declaration if—
(a) the specified land is unoccupied,
(b) the acquiring authority considers that, by reason of disrepair, neglect, contamination, or risk to health or safety, the specified land is unfit for its ordinary use, and
(c) Schedule A1 does not apply to the declaration.
(2) The expedited procedure is also available in relation to a general vesting declaration if the acquiring authority has been unable to identify any person with an interest in the specified land.
(3) Land is not to be regarded as occupied for the purposes of subsection (1)(a)—
(a) if it is occupied only by persons who do not have a right to occupy it;
(b) because of the presence of chattels on the land if the chattels appear to the acquiring authority to be of no significant value.
(4) The ordinary use of land is to be taken for the purposes of subsection (1)(b) to be—
(a) so far as the land comprises buildings or other features designed or adapted for a particular use, that use, and
(b) so far as the land does not comprise such buildings or features, its most recent lawful use.
(5) If the specified land includes one or more dwellings, the acquiring authority may decide that it is unfit for its ordinary use only if it considers that the dwelling, or each of those dwellings, is unfit for human habitation within the meaning of the Landlord and Tenant Act 1985 (see section 10 of that Act).
(6) In this section—
“dwelling” means a building or part of a building designed or adapted for occupation as a separate dwelling;
“the specified land” means the land specified in the general vesting declaration.
Expedited procedure: process
4B (1) This section applies where the acquiring authority has executed a general vesting declaration under the expedited procedure.
(2) A person may, at any time before the end of the period of four weeks beginning with the date on which the general vesting declaration is executed, make representations to the acquiring authority that the expedited procedure is not available in relation to the declaration.
(3) The representations need not be in writing.
(4) The acquiring authority must provide a written response to the representations before the end of the period of seven days beginning with the day on which it received them.
(5) If, at any time between the execution of the general vesting declaration and the vesting date, the acquiring authority becomes aware of a reason why the expedited procedure is not available (whether as a result of representations or otherwise), the authority must amend the general vesting declaration so that the period specified in it complies with section 4(1ZA)(b) (period of at least three months from service of notices).
(6) If the acquiring authority amends the general vesting declaration under subsection (5), it must serve notice of the amendment on—
(a) every person who has made representations under subsection (2), and
(b) every person who was served a notice about the declaration under section 6.
(5) In section 6 (notices after execution of declaration), after subsection (1) insert—
(1A) In a case where the period specified in the declaration under section 4(1) is less than three months, the notice must also state—
(a) that the acquiring authority considers that the expedited procedure is available under section 4A(1) or (2) (as the case may be);
(b) the vesting date;
(c) that any person who disagrees that the expedited procedure is available may make representations to the acquiring authority under section 4B(2);
(d) that if, before the vesting date, the acquiring authority no longer considers that the expedited procedure is available, the authority will amend the general vesting declaration so that the period specified in it complies with section 4(1ZA)(b) (period of at least three months from service of notices).
109 General vesting declarations: advancement of vesting by agreement
(1) The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as set out in subsections (2) to (6).
(2) After section 8A insert—
Advancement of vesting by agreement
8B (1) The acquiring authority may agree in writing with the owner of any interest which is to vest in the authority under section 8 that the interest is to vest on a date before the vesting date.
(2) The agreed date may not be before the day after the last day on which a person may bring proceedings for questioning the compulsory purchase order.
(3) If an agreement under subsection (1) is in force—
(a) section 7 (other than section 7(1)(c)) and section 8 operate in relation to the interest as if the vesting date were the agreed date;
(b) an owner of an interest who is a party to the agreement may not serve a counter-notice under paragraph 2 of Schedule A1 (counter-notice requiring purchase of additional land).
(4) But if the interest subject to the agreement does not entitle the owner to possession of the land concerned, subsection (3)(a) does not advance the date on which the right to enter on and take possession of the land arises under section 8.
(3) In section 7(1) (constructive notice to treat), in the words before paragraph (a) for “section 8A” substitute “sections 8A and 8B”.
(4) In section 8(1) (vesting, and right to enter and take possession), in the words before paragraph (a) after “8A” insert “, 8B”.
(5) In section 10 (acquiring authority’s liability on vesting of the land), for subsection (1A) substitute—
(1A) Where by virtue of an agreement under section 8A or 8B different interests in the land vest in the acquiring authority on different dates, subsection (1) does not give rise to any liability in relation to an interest until that interest becomes vested.
(6) In Schedule A1 (counter-notice requiring purchase of additional land), in paragraph 2, at the end insert “(but this is subject to section 8B(3)(b)).”
(7) In section 5A of the Land Compensation Act 1961 (relevant valuation date), in subsection (4A), in the words before paragraph (a)—
(a) after “8A” insert “or 8B”;
(b) after “postponement” insert “or advancement”.
110 Adjustment of basic and occupier’s loss payments
(1) Part 3 of the Land Compensation Act 1973 (provisions for benefit of persons displaced from land) is amended as set out in subsections (2) to (4).
(2) In section 33A (basic loss payment)—
(a) after subsection (1) insert—
(1A) In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to payment of whichever is the lower of the following amounts—
(a) 2.5% of the value of the interest;
(b) £25,000.
;
(b) in subsection (2), at the beginning insert “In a case where the qualifying interest is in land in Wales,”.
(3) In section 33B (occupier’s loss payment: agricultural land)—
(a) after subsection (1) insert—
(1A) In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
(a) 7.5% of the value of the interest;
(b) the land amount;
(c) the buildings amount.
(1B) But the maximum amount which may be paid to a person under subsection (1A) in respect of an interest in land is £75,000.
;
(b) in subsection (2), at the beginning insert “In a case where the qualifying interest is in land in Wales,”;
(c) in subsection (3), for “this section” substitute “subsection (2)”;
(d) after subsection (7), insert—
(7A) In the case of land in England, the land amount is the greater of £900 and the amount found in accordance with the following Table—
Area of the land | Amount per hectare
Not exceeding 100 hectares | £300 per hectare or part of a hectare
Exceeding 100 hectares | £300 per hectare for the first 100 hectares; £150 per hectare for the next 300 hectares or part of a hectare.
;
(e) in subsection (8), at the beginning insert “In the case of land in Wales,”;
(f) after subsection (8), insert—
(8A) In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.
;
(g) in subsection (9), at the beginning insert “In the case of land in Wales”.
(4) In section 33C (occupier’s loss payment: other land)—
(a) after subsection (1) insert—
(1A) In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
(a) 7.5% of the value of the interest;
(b) the land amount;
(c) the buildings amount.
(1B) But the maximum amount which may be paid to a person under subsection (1A) in respect of an interest in land is £75,000.
;
(b) in subsection (2), at the beginning insert “In a case where the qualifying interest is in land in Wales,”;
(c) in subsection (3), for “this section” substitute “subsection (2)”;
(d) after subsection (7), insert—
(7A) In the case of land in England, the land amount is the greater of—
(a) £7,500;
(b) £7.50 per square metre (or part of a square metre) of the area of the land.
(7B) But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (7A)(a) there is substituted £900.
;
(e) in subsection (8), at the beginning insert “In the case of land in Wales,”;
(f) after subsection (9), insert—
(9A) In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross internal floor space of any buildings on the land.
;
(g) in subsection (10)—
(i) at the beginning insert “In the case of land in Wales,”;
(ii) after “gross” insert “internal”;
(h) omit subsection (11).
(5) The amendments made by subsections (2) to (4) do not apply in relation to a compulsory acquisition where any notice of the compulsory acquisition was given before this section came into force.
(6) For the purposes of subsection (5), notice of a compulsory acquisition is given—
(a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—
(i) on the date of publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, that Act, in accordance with that Act, or
(ii) on the date of service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act;
(b) in the case of a compulsory acquisition which is to be authorised by any other order, on the date of publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act;
(c) in the case of a compulsory acquisition which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, on the date on which that notice is served;
(d) in the case of a compulsory acquisition which is to be authorised by a special enactment, on the date of publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.
(7) In this section, “special enactment” means—
(a) a local or private Act which authorises the compulsory acquisition 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 acquisition of land specifically identified in that Act.
(1) Part 3 of the Land Compensation Act 1973 (provisions for benefit of persons displaced from land) is amended as set out in subsections (2) to (5).
(2) In section 29(1) (right to home loss payment where person displaced from dwelling), in the words after paragraph (f), for “section 32” substitute “sections 32 and 32A”.
(3) After section 32 insert—
Home loss payments: exclusions
32A (1) This section applies to a person if—
(a) the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition),
(b) a notice falling within subsection (4) has been served on the person in relation to the land,
(c) at the relevant time the notice has effect or is operative, and
(d) the person has failed to comply with any requirement of the notice.
(2) This section also applies to a person if—
(a) the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition),
(b) a copy of an order falling within subsection (5) has been served on the person in relation to the land, and
(c) the order has not been quashed on appeal.
(3) No payment may be made under section 29 to a person to whom this section applies.
(4) These are the notices—
(a) a notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land);
(b) a notice under section 11 of the Housing Act 2004 (improvement notice relating to category 1 hazard);
(c) a notice under section 12 of that Act (improvement notice relating to category 2 hazard);
(d) a notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 138 of the Historic Environment (Wales) Act 2023 (asc 3) (repairs notice prior to notice of compulsory acquisition of listed building).
(5) These are the orders—
(a) an order under section 20 of the Housing Act 2004 (prohibition order relating to category 1 hazard);
(b) an order under section 21 of that Act (prohibition order relating to category 2 hazard);
(c) an order under section 43 of that Act (emergency prohibition orders);
(d) an order under section 265 of the Housing Act 1985 (demolition order relating to category 1 or 2 hazard).
(6) For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs—
(a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—
(i) the compulsory purchase order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;
(ii) the compulsory purchase order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;
(iii) a decision is made under section 13BA(2)(a) of that Act (decision that conditions subject to which order was confirmed have been met);
(iv) a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met);
(b) in the case of a compulsory acquisition which is to be authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made;
(c) in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served;
(d) in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed.
(7) In subsection (6), references to a compulsory acquisition are to the compulsory acquisition in consequence of which the person is displaced.
(8) The appropriate national authority may by regulations amend subsections (4) and (5).
(9) In this section—
“appropriate national authority” means—
the Secretary of State, in relation to England;
the Welsh Ministers, in relation to Wales;
“special enactment” means—
a local or private Act which authorises the compulsory acquisition 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 acquisition of land specifically identified in that Act.
(10) The power to make regulations under subsection (8) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of—
(a) either House of Parliament, in the case of regulations made by the Secretary of State;
(b) Senedd Cymru, in the case of regulations made by the Welsh Ministers.
(4) In section 33 (home loss payments for certain caravan dwellers)—
(a) in subsection (1), for “32” substitute “32A”;
(b) in subsection (6), for “32” substitute “32A”.
(5) In section 33D (loss payments: exclusions), for subsection (6) substitute—
(6) For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs—
(a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—
(i) the compulsory purchase order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;
(ii) the compulsory purchase order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;
(iii) a decision is made under section 13BA(2)(a) of that Act (decision that conditions subject to which order was confirmed have been met);
(iv) a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met);
(b) in the case of a compulsory acquisition which is to be authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made;
(c) in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served;
(d) in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed.
(6A) In subsection (6)—
“special enactment” means—
a local or private Act which authorises the compulsory acquisition 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 acquisition of land specifically identified in that Act;
references to a compulsory acquisition are to the compulsory acquisition of the person’s interest in land.
(6) The amendments made by subsections (2) to (5) do not apply in relation to a compulsory acquisition where any notice of the compulsory acquisition was given before this section came into force.
(7) For the purposes of subsection (6), notice of a compulsory acquisition is given—
(a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—
(i) on the date of publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, that Act, in accordance with that Act, or
(ii) on the date of service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act;
(b) in the case of a compulsory acquisition which is to be authorised by any other order, on the date of publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act;
(c) in the case of a compulsory acquisition which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, on the date on which that notice is served;
(d) in the case of a compulsory acquisition which is to be authorised by a special enactment, on the date of publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.
(8) In this section, “special enactment” means—
(a) a local or private Act which authorises the compulsory acquisition 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 acquisition of land specifically identified in that Act.
112 Temporary possession of land in connection with compulsory purchase
In section 18 of the Neighbourhood Planning Act 2017 (power to take temporary possession of land), for subsection (3) substitute—
(3) Subject to—
(a) any express provision in another Act;
(b) any provision in an order granting development consent made under section 114 of the Planning Act 2008;
(c) any provision in an order made under section 1 or 3 of the Transport and Works Act 1992;
(d) any provision in an order granting infrastructure consent made under section 60 of the Infrastructure (Wales) Act 2024 (asc 3);
the power in subsection (2) is the only power under which a person may take temporary possession of land compulsorily.
113 Amendments relating to section 14A of the Land Compensation Act 1961
(1) The Acquisition of Land Act 1981 is amended as set out in subsections (2) to (4).
(2) In section 14A (confirmation by acquiring authority), omit subsection (2A) (power for acquiring authority to confirm order not applicable where compensation is assessed in accordance with section 14A of Land Compensation Act 1961).
(3) In Schedule 2A (enactments eligible for directions applying section 14A of the Land Compensation Act 1961), before paragraph 1 insert—
A1 Section 125 of the Local Government Act 1972 (compulsory acquisition of land on behalf of parish or community councils).
(4) In section 15A (directions applying section 14A of the Land Compensation Act 1961)—
(a) in subsection (5), after “paragraphs” insert “A1 or”;
(b) in subsection (8)(b), after “paragraphs” insert “A1 or”.
(5) The Land Compensation Act 1973 is amended as set out in subsections (6) to (9).
(6) In section 30 (amount of home loss payment in England and Wales), in subsection (3)(a), at the end (but before the “and”) insert “(and in a case where the compulsory purchase order authorising the acquisition directs that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored), the market value is the value assessed in accordance with that section)”.
(7) In section 33A (basic loss payment), in subsection (6), after “acquisition” insert “(including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored))”.
(8) In section 33B (occupier’s loss payment: agricultural land), in subsection (5), after “acquisition” insert “(including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored))”.
(9) In section 33C (occupier’s loss payment: other land), in subsection (5), after “acquisition” insert “(including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored))”.
(1) In Part 1 of Schedule 4 to the New Towns Act 1981 (procedure for authorising compulsory acquisitions by development corporations and local highway authorities), after paragraph 4 insert—
4A (1) The confirming authority may appoint a person (“an inspector”) to act instead of it in relation to the confirmation of a compulsory purchase order under this Schedule.
(2) An inspector may be appointed to act in relation to—
(a) a specific compulsory purchase order, or
(b) a description of compulsory purchase orders.
(3) An inspector has the same functions as the confirming authority under paragraphs 2(1)(b), 3, 4, 5A, 7 and 8.
(4) Where an inspector is appointed in relation to a compulsory purchase order, the confirming authority must inform—
(a) every person who has made a relevant objection that has not been withdrawn, and
(b) the acquiring authority.
(5) Where an inspector decides whether or not to confirm the whole or part of a compulsory purchase order, the inspector’s decision is to be treated as that of the confirming authority.
(6) The confirming authority may at any time—
(a) revoke its appointment of an inspector, and
(b) appoint another inspector.
(7) If the confirming authority revokes its appointment of an inspector while the inspector is acting in relation to a compulsory purchase order and does not replace the inspector, the confirming authority must give the reasons for doing so—
(a) to the inspector whose appointment has been revoked, and
(b) to all those informed under sub-paragraph (4).
(8) Where in any enactment there is a provision that applies in relation to a confirming authority acting in relation to the confirmation of a compulsory purchase order under this Schedule, that provision is to be read as applying equally in relation to an inspector so far as the context permits.
(9) In this paragraph—
“confirming authority” means—
in a case where the compulsory purchase order relates to land in England, the Secretary of State, and
in a case where the compulsory purchase order relates to land in Wales, the Welsh Ministers (see article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006);
“relevant objection” means an objection that is treated as duly made for the purposes of this Schedule (see paragraph 4(1)).
(2) Schedule 2A to the Land Compensation Act 1961 (additional compensation where section 14A applied) is amended as follows.
(3) After paragraph 1 insert—
Power to appoint inspector
1A (1) A confirming authority may appoint a person (“an inspector”) to exercise the functions of the confirming authority in relation to an application made to it under paragraph 1(2).
(2) Where a confirming authority appoints an inspector under sub-paragraph (1), the confirming authority must inform—
(a) the acquiring authority, and
(b) the person who made the application.
(3) A decision by an inspector as to whether the conditions in paragraph 1(3) are met is to be treated as a decision by the confirming authority.
(4) A direction under paragraph 1(2) made by an inspector is to be treated as a direction of the confirming authority.
(5) The confirming authority may at any time—
(a) revoke its appointment of an inspector, and
(b) appoint another inspector.
(6) If the confirming authority revokes its appointment of an inspector while the inspector is exercising functions in relation to an application made under paragraph 1(2) and does not replace the inspector, the confirming authority must give the reasons for doing so—
(a) to the inspector whose appointment has been revoked, and
(b) to all those informed under sub-paragraph (2).
(7) Where in any enactment there is a provision that applies in relation to a confirming authority exercising functions in relation to an application under paragraph 1(2), that provision is to be read as applying equally in relation to an inspector so far as the context permits.
(4) In paragraph 7(1)(b) (regulations about procedure), after “confirming authority” insert “or an inspector”.
115 Reporting on extra-territorial environmental outcomes
In Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcome reports), in section 152(1) (power to specify environmental outcomes), for “a relevant offshore area” substitute “elsewhere”.
(1) Subject to subsection (2), an amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.
(2) Paragraphs 40 and 44 of Schedule 5 extend to England and Wales only.
(3) A provision of this Act, other than an amendment, repeal or revocation, extends to England and Wales only, subject to subsections (4) to (6).
(4) The following provisions extend to England and Wales and Scotland—
(a) sections 14 to 17;
(b) section 19(6);
(c) section 21(7);
(d) section 30;
(e) section 47.
(5) The following provisions extend to Scotland only—
(a) section 25;
(b) section 46.
(6) Section 116, this section and sections 118 and 119 extend to England and Wales, Scotland and Northern Ireland.
(1) In Part 1—
(a) sections 1 and 2 come into force on such day as the Secretary of State may by regulations appoint;
(b) section 3 comes into force on the day on which this Act is passed;
(c) sections 4 to 9 come into force on such day as the Secretary of State may by regulations appoint;
(d) section 10 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(e) sections 11 to 13 come into force on such day as the Secretary of State may by regulations appoint;
(f) sections 14 to 18 come into force on the day on which this Act is passed;
(g) in section 19—
(i) subsections (1) and (2), subsection (4) so far as it confers powers to make regulations, and subsections (5) and (6) come into force on the day on which this Act is passed;
(ii) subsection (3), and subsection (4) for remaining purposes, come into force at the end of the period of two months beginning with the day on which this Act is passed;
(h) section 20 comes into force at the end of the period of two months beginning with the day on which this Act is passed, except that it comes into force on the day on which this Act is passed so far as it confers power to make regulations;
(i) section 21 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(j) sections 22 and 23 come into force on the day on which this Act is passed;
(k) section 24 and Schedule 1 come into force at the end of the period of two months beginning with the day on which this Act is passed, except that paragraph 7 of Schedule 1 comes into force on such day as the Secretary of State may by regulations appoint;
(l) section 25 comes into force on the day on which this Act is passed;
(m) section 26 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(n) section 27 comes into force on the day on which this Act is passed;
(o) section 28 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(p) section 29 comes into force at the end of the period of two months beginning with the day on which this Act is passed, except that it comes into force on the day on which this Act is passed so far as it confers power to make regulations;
(q) section 30 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(r) sections 31 and 32 come into force at the end of the period of two months beginning with the day on which this Act is passed;
(s) section 33 comes into force on such day as the Secretary of State may by regulations appoint;
(t) sections 34 and 35 come into force at the end of the period of two months beginning with the day on which this Act is passed;
(u) section 36 comes into force on such day as the Secretary of State may by regulations appoint;
(v) sections 37 to 39 come into force at the end of the period of two months beginning with the day on which this Act is passed;
(w) in section 40—
(i) subsections (1) and (2) come into force at the end of the period of two months beginning with the day on which this Act is passed;
(ii) subsection (3) comes into force on such day as the Secretary of State may by regulations appoint;
(x) sections 41 and 42 come into force at the end of the period of two months beginning with the day on which this Act is passed;
(y) section 43 comes into force on such day as the Secretary of State may by regulations appoint;
(z) sections 44 and 45 come into force at the end of the period of two months beginning with the day on which this Act is passed;
(z1) section 46 comes into force on the day on which this Act is passed;
(z2) section 47 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(z3) section 48(1), (4) and (5) come into force at the end of the period of two months beginning with the day on which this Act is passed;
(z4) section 48(2) and (3) come into force—
(i) in relation to applications made to the Secretary of State, on the day on which the first relevant regulations made by the Secretary of State come into force;
(ii) in relation to applications made to the Scottish Ministers, on the day on which the first relevant regulations made by the Scottish Ministers come into force;
(iii) in relation to applications made to the Welsh Ministers, on the day on which the first relevant regulations made by the Welsh Ministers come into force;
and in this paragraph “relevant regulations” means regulations under paragraph 9A of Schedule 3 to the Harbours Act 1964 (inserted by section 48(4));
(z5) sections 49 and 50 come into force on such day as the Secretary of State may by regulations appoint.
(2) In Part 2—
(a) section 51 comes into force on such day as the Secretary of State may by regulations appoint, except that it comes into force on the day on which this Act is passed so far as it confers power to make regulations;
(b) sections 52 and 53 come into force at the end of the period of two months beginning with the day on which this Act is passed;
(c) in section 54—
(i) subsection (1) comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(ii) subsection (2) comes into force on such day as the Secretary of State may by regulations appoint;
(d) in section 55—
(i) subsection (1) comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(ii) subsection (2) comes into force at the same time as section 102(1) of the Levelling-up and Regeneration Act 2023;
(e) section 56 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(f) section 57 comes into force on such day as the Secretary of State may by regulations appoint;
(g) section 58(1), (2) and (3) and Schedule 2 come into force on such day as the Secretary of State may by regulations appoint, except that section 58(1) comes into force on the day on which this Act is passed so far as it confers power to make regulations;
(h) section 58(4) to (8) come into force at the end of the period of two months beginning with the day on which this Act is passed.
(3) Part 3 (including Schedules 3, 4 and 5) comes into force on such day as the Secretary of State may by regulations appoint, except that paragraph 14(2) of Schedule 5 comes into force at the same time as section 106 of the Levelling-up and Regeneration Act 2023.
(4) Part 4 comes into force on such day as the Secretary of State may by regulations appoint.
(5) In Part 5—
(a) section 105 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(b) section 106 comes into force on such day as the Secretary of State may by regulations appoint;
(c) section 107 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(d) sections 108 and 109 come into force on such day as the Secretary of State may by regulations appoint;
(e) sections 110 and 111 come into force at the end of the period of two months beginning with the day on which this Act is passed;
(f) section 112 comes into force at the same time as section 18 of the Neighbourhood Planning Act 2017;
(g) in section 113—
(i) subsections (1), (2) and (5) to (9) come into force at the end of the period of two months beginning with the day on which this Act is passed;
(ii) subsections (3) and (4) come into force on such day as the Secretary of State may by regulations appoint;
(h) section 114 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
(6) In this Part—
(a) section 115 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(b) sections 116 to 119 come into force on the day on which this Act is passed.
(7) The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
(8) Regulations under this section—
(a) are to be made by statutory instrument;
(b) may make different provision for different purposes or different areas.
Schedule 1 Minor and consequential amendments to the Electricity Act 1989
Section 24
1 Part 1 of the Electricity Act 1989 (electricity supply) is amended as follows.
2 (1) Section 36 (consent required for construction etc of generating stations) is amended as follows.
(2) In subsection (3), for “Secretary of State” substitute “appropriate authority”.
(3) In subsection (5A)—
(a) for “the Water Environment (Controlled Activities) (Scotland) Regulations 2005” substitute “the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”;
(b) for “Secretary of State” substitute “Scottish Ministers”.
(4) After subsection (5A) insert—
(5AA) If regulations under paragraph 7B of Schedule 8 specify a time by which the Scottish Environment Protection Agency must give advice under subsection (5A), the duty on the Scottish Ministers to have regard to the advice does not apply in relation to any advice given after the time specified.
(5) In subsection (5B), for “the Water Environment (Controlled Activities) (Scotland) Regulations 2005” substitute “the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”.
3 (1) Section 36B (duties in relation to navigation) is amended as follows.
(2) In subsection (4)(b)—
(a) for “Secretary of State” substitute “appropriate authority”;
(b) for “his” substitute “its”.
(3) In subsection (7), before the definition of “consent” insert—
“appropriate authority” has the same meaning as in section 36;
.
4 In section 36C, for the heading substitute “Application for variation of section 36 consent”.
5 (1) Section 37 (consent required for overhead lines) is amended as follows.
(2) In subsection (1), for “Secretary of State” substitute “appropriate authority”.
(3) In subsection (3)—
(a) in paragraph (a), for “Secretary of State” substitute “appropriate authority”;
(b) in paragraph (b), at the beginning insert “in the case of a consent granted by the Secretary of State,”;
(c) after paragraph (b) (but before the “and”) insert—
(ba) in the case of a consent granted by the Scottish Ministers, may be revoked by the Scottish Ministers at any time after the end of such period as may be specified in the consent (see sections 37A to 37C as regards the variation of consents granted by the Scottish Ministers);
;
(d) in paragraph (c), for “paragraph (b)” substitute “paragraphs (b) and (ba)”.
(4) At the end insert—
(6) In this section “appropriate authority” means—
(a) the Scottish Ministers, in relation to an electric line installed above land in Scotland;
(b) the Secretary of State in all other cases.
6 Schedule 8 to the Electricity Act 1989 (consents of the Secretary of State and the Scottish Ministers under sections 36 and 37) is amended as follows.
8 (1) Paragraph 3 (objections by other persons) is amended as follows.
(2) In sub-paragraph (1)—
(a) for “Secretary of State”, in each place it occurs, substitute “appropriate authority”;
(b) in the words after paragraph (d), for “he” substitute “the appropriate authority”.
(3) In sub-paragraph (2)—
(a) for paragraph (a) (but not including the “but”) substitute—
(a) a public inquiry is not required by virtue of paragraph 2(2) or 2A;
;
(b) in paragraph (b), for “Secretary of State” substitute “appropriate authority”;
(c) in the words after paragraph (b)—
(i) for “Secretary of State” substitute “appropriate authority”;
(ii) for “he” substitute “the appropriate authority”.
9 (1) Paragraph 4 (public inquiries) is amended as follows.
(2) In sub-paragraph (1), in the words before paragraph (a), after “application” insert “that is made to the Secretary of State”.
(3) After sub-paragraph (3) insert—
(3A) Where in accordance with paragraph 2A or 3(2) a public inquiry is to be held in relation to an application that is made to the Scottish Ministers for consent under section 36 or 37 of this Act, and it appears to the Scottish Ministers that in addition to any public notice of such an inquiry any further notification concerning the inquiry is necessary or expedient (either by way of service of notice upon any person or in any other way), the Scottish Ministers may direct the applicant to take such further steps for this purpose as may be specified in the direction.
(4) In sub-paragraph (4)—
(a) after “2(2)” insert “, 2A”;
(b) for “Secretary of State” insert “appropriate authority”.
(5) Omit sub-paragraph (5).
10 (1) Paragraph 5 (provisions supplementary to paragraphs 2 to 4) is amended as follows.
(2) In sub-paragraph (1)—
(a) in the words before paragraph (a), after “2(2)” insert “, 2A”;
(b) in paragraph (a)—
(i) for “Secretary of State”, in both place it occurs, substitute “appropriate authority”;
(ii) for “he” substitute “the appropriate authority”;
(c) in paragraph (b), for “Secretary of State” substitute “appropriate authority”;
(d) in the words after paragraph (b), for “Secretary of State” substitute “appropriate authority”.
(3) In sub-paragraph (2), for “Secretary of State”, in both places it occurs, substitute “appropriate authority”.
11 (1) Paragraph 6 (special provision as to consents under section 37) is amended as follows.
(2) In sub-paragraph (1)—
(a) for “Secretary of State”, in each place it occurs, substitute “appropriate authority”;
(b) in paragraph (a), for “he”, in both places it occurs, substitute “the appropriate authority”;
(c) in paragraph (b), omit “his”, in both places it occurs.
(3) In sub-paragraph (2)—
(a) in the words before paragraph (a), for “Secretary of State” substitute “appropriate authority”;
(b) in paragraph (b) for “his opinion” substitute “the opinion of the appropriate authority”.
12 (1) Paragraph 7A (generating stations not within areas of relevant planning authorities) is amended as follows.
(2) In sub-paragraph (6)(a), after “2(2)” insert “, 2A”.
(3) In sub-paragraph (7)—
(a) for “Secretary of State” substitute “appropriate authority”;
(b) after “2(2)” insert “or 2A”;
(c) for “authority” substitute “planning authority”.
(4) In sub-paragraph (8)—
(a) for “Secretary of State” substitute “appropriate authority”;
(b) for “authority” substitute “planning authority”;
(c) for “he” substitute “the appropriate authority”.
(5) In sub-paragraph (9), for “Secretary of State” substitute “appropriate authority”.
(6) In sub-paragraph (10), for “Secretary of State” substitute “appropriate authority”.
13 In paragraph 8 (supplemental), in paragraph (1), after “Schedule” insert
—
“appropriate authority” means—
in the case of an application made to the Secretary of State, the Secretary of State;
in the case of an application made to the Scottish Ministers, the Scottish Ministers;
.
Schedule 2 Section 58: minor and consequential amendments
Section 58(3)
Town and Country Planning Act 1990
1 (1) Section 303A of the Town and Country Planning Act 1990 (responsibility of local planning authorities for costs of holding certain inquiries) is amended as follows.
(2) In subsection (1A), before paragraph (a) insert—
(zza) a public examination under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004;
.
(3) After subsection (1B) insert—
(1BA) Where the qualifying procedure is a public examination of a spatial development strategy under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Secretary of State.
(4) In subsection (2), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”.
(5) In subsection (3), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”.
(6) In subsection (6), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”.
(7) In subsection (9A)—
(a) in the opening words and in paragraph (a), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”;
(b) for paragraph (b) substitute—
(b) the Secretary of State (or a person acting on the Secretary of State’s behalf) holds a public or independent examination in relation to a strategy, plan or document prepared by the local planning authority or strategic planning authority, or by the Secretary of State under section 12P(2)(a) or 15HA(2)(a) of that Act.
(8) After subsection (9B) (as inserted by paragraph 7(4) of Schedule 8 to LURA 2023) insert—
(9C) In a case where a qualifying procedure is carried out in relation to a spatial development strategy that is prepared by a strategic planning board under Part 1A of the Planning and Compulsory Purchase Act 2004 (see section 12B of that Act), the Secretary of State may for the purposes of this section apportion the amount that may be recovered in accordance with subsections (4) to (6) between the constituent authorities of the board, on such basis as the Secretary of State considers just and reasonable.
(9) After subsection (12) (as inserted by paragraph 7(6) of Schedule 8 to LURA 2023) insert—
(13) In this section “strategic planning authority” has the meaning given by section 12A of the Planning and Compulsory Purchase Act 2004.
Schedule 3 Environmental delivery plans: effect on environmental obligations
Section 72(4)
Protected sites: assessments under Part 6 of the Habitats Regulations 2017
1 (1) Sub-paragraph (2) applies where—
(a) an environmental feature identified in an EDP in accordance with section 61(1)(a) is a protected feature of a European site or a Ramsar site, and
(b) a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on that protected feature.
(2) The environmental impact of the development on the protected feature is to be disregarded for the purposes of Part 6 of the Habitats Regulations 2017.
Protected sites: SSSIs
2 (1) Sub-paragraph (2) applies where—
(a) an environmental feature identified in an EDP in accordance with section 61(1)(a) is a protected feature of an SSSI, and
(b) a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on that protected feature.
(2) The environmental impact of the development on the protected feature is to be disregarded for the purposes of—
(a) a determination by Natural England on whether to give consent (and if so on what terms) under section 28E of the Wildlife and Countryside Act 1981 or withdraw or modify any such consent,
(b) a determination by the Secretary of State of an appeal under section 28F of that Act (appeals in connection with consents),
(c) section 28H of that Act (statutory undertakers etc: duty in relation to carrying out operations),
(d) section 28I of that Act (statutory undertakers etc: duty in relation to authorising operations), and
(e) section 28P(2) and (5A) of that Act (offences in connection with sections 28H and 28I of that Act).
Protected sites: marine conservation zones
3 (1) Sub-paragraph (2) applies where—
(a) an environmental feature identified in an EDP in accordance with section 61(1)(a) is a protected feature of a marine conservation zone, and
(b) a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on that protected feature.
(2) The environmental impact of the development on the protected feature is to be disregarded for the purposes of—
(a) section 125 of the Marine and Coastal Access Act 2009 (general duties of public authorities in relation to MCZs) insofar as it applies to any function of a public authority of determining an application (whenever made) relating to the development, and
(b) section 126 of that Act (duties of public authorities in relation to certain decisions).
Protected species: licences under Part 5 of the Habitats Regulations 2017
4 (1) Sub-paragraph (2) applies where—
(a) an environmental feature identified in an EDP in accordance with section 61(1)(a) is a species listed in Schedule 2, 4 or 5 to the Habitats Regulations 2017, and
(b) a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on that protected species.
(2) A licence under regulation 55(1) of the Habitats Regulations 2017, relating to the protected species and on the terms set out in the EDP, is to be treated as having been granted to the developer by the relevant licensing body (see regulation 58(4A) of those Regulations).
Protected species: licences under Part 1 of the Wildlife and Countryside Act 1981
5 (1) Sub-paragraph (2) applies where—
(a) an environmental feature identified in an EDP in accordance with section 61(1)(a) is a species protected by Part 1 of the Wildlife and Countryside Act 1981, and
(b) a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on that protected species.
(2) A licence under section 16(3)(j) of the Wildlife and Countryside Act 1981, relating to the protected species and on the terms set out in the EDP, is to be treated as having been granted to the developer by the appropriate authority (see section 16(8A) and (9) of that Act).
Protected species: licences under the Protection of Badgers Act 1992
6 (1) Sub-paragraph (2) applies where—
(a) badgers are identified in an EDP as an environmental feature in accordance with section 61(1)(a), and
(b) a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on badgers.
(2) A licence under section 10 of the Protection of Badgers Act 1992, on the terms set out in the EDP, is to be treated as having been granted by Natural England to the developer.