The North Falls Offshore Wind Farm Order 2026
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Change 1
22 Time limit for exercise of authority to acquire land compulsorily
(1) The applicable period for the purposes of section 4 of the 1965 Act (time limit for giving notice to treat) and section 5A of the 1981 Act (time limit for general vesting declaration) is seven years beginning on the day on which this Order is made. (2) No notice to treat is to be served under Part 1 (compulsory purchase under the Acquisition of Land Act of 1946) of the 1965 Act and no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 25 (application of the 1981 Act) after the end of the applicable period in relation to any part of the Order land, including any extension to the applicable period pursuant to those Acts. (3) The authority conferred by article 30 (temporary use of land for carrying out the authorised development) must not be used after the end of the applicable period referred to in paragraph (1), save that if an application is made under section 118 of the 2008 Act (legal challenges relating to applications for orders granting development consent) the applicable period is to be extended by— (a) a period equivalent to the period beginning on the day the application is made and ending on the day it is withdrawn or finally determined; or (b) if shorter, one year. (4) An application is not finally determined for the purposes of paragraph (3)(a) if an appeal in respect of the application— (a) could be brought (ignoring any possibility of an appeal out of time with permission); or (b) has been made and not withdrawn or finally determined. (5) Nothing in paragraph (3) prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.
22 Time limit for exercise of authority to acquire land compulsorily
(1) The applicable period for the purposes of section 4 of the 1965 Act (time limit for giving notice to treat) and section 5A of the 1981 Act (time limit for general vesting declaration) is seven years beginning on the day on which this Order is made. (2) No notice to treat is to be served under Part 1 (compulsory purchase under the Acquisition of Land Act of 1946) of the 1965 Act and no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 25 (application of the 1981 Act) after the end of the applicable period in relation to any part of the Order land, including any extension to the applicable period pursuant to those Acts. (3) The authority conferred by article 30 (temporary use of land for carrying out the authorised development) must not be used after the end of the applicable period referred to in paragraph (1), save that if an application is made under section 118 of the 2008 Act (legal challenges relating to applications for orders granting development consent) the applicable period is to be extended by— (a) a period equivalent to the period beginning on the day the application is made and ending on the day it is withdrawn or finally determined; or (b) if shorter, one year. (4) An application is not finally determined for the purposes of paragraph (3)(a) if an appeal in respect of the application— (a) could be brought (ignoring any possibility of an appeal out of time with permission); or (b) has been made and not withdrawn or finally determined. (5) Nothing in paragraph (3) prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.
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