The Beacon Fen Energy Park Order 2026
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Change 1
29 Application of the 1981 Act
(1) The 1981 Act applies as if this Order were a compulsory purchase order. (2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications. (3) In section 1 (application of act) for subsection (2) substitute— (2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order. . (4) In section 5 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end. (5) In section 5B (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act (legal challenges relating to applications for orders granting development consent)”. (6) In section 6 (notices after execution of declaration) for subsection (1)(b) substitute “(1)(b)on every other person who has given information to the acquiring authority with respect to any of that land further to the invitation published and served under section 134 of the Planning Act 2008.” (7) In section 7 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”. (8) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute: “But see article 29(3) (acquisition of subsoil only) of the Beacon Fen Energy Park Order 2026, which excludes the acquisition of subsoil only from this Schedule.”. (9) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 of the 2008 Act (application of compulsory acquisition provisions) to the compulsory acquisition of land under this Order.
29 Application of the 1981 Act
(1) The 1981 Act applies as if this Order were a compulsory purchase order. (2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications. (3) In section 1 (application of act) for subsection (2) substitute— (2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order. . (4) In section 5 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end. (5) In section 5B (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act (legal challenges relating to applications for orders granting development consent)”. (6) In section 6 (notices after execution of declaration) for subsection (1)(b) substitute “(1)(b)on every other person who has given information to the acquiring authority with respect to any of that land further to the invitation published and served under section 134 of the Planning Act 2008.” (7) In section 7 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”. (8) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute: “But see article 29(3) (acquisition of subsoil only) of the Beacon Fen Energy Park Order 2026, which excludes the acquisition of subsoil only from this Schedule.”. (9) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 of the 2008 Act (application of compulsory acquisition provisions) to the compulsory acquisition of land under this Order.
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