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Housing and Planning Act 2016

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Change 1

What to do with it
As published

202 Extension of compulsory purchase time limit during challenge

(1) After section 4 of the Compulsory Purchase Act 1965 (time limit for giving notice to treat) insert— Extension of time limit during challenge 4A (1) If an application is made under section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4 is to be extended by— (a) a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or (b) if shorter, one year. (2) An application is not finally determined for the purposes of subsection (1)(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(a) could be brought (ignoring any possibility of an appeal out of time with permission), or (b) has been made and not withdrawn or finally determined. (2) After section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (time limit for general vesting declaration) insert— Extension of time limit during challenge 5B (1) If an application is made under section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A is to be extended by— (a) a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or (b) if shorter, one year. (2) An application is not finally determined for the purposes of subsection (1)(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(a) could be brought (ignoring any possibility of an appeal out of time with permission), or (b) has been made and not withdrawn or finally determined.

Your change, as a redline

202 Extension of compulsory purchase time limit during challenge

(1) After section 4 of the Compulsory Purchase Act 1965 (time limit for giving notice to treat) insert— Extension of time limit during challenge 4A (1) If an application is made under section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4 is to be extended by— (a) a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or (b) if shorter, one year. (2) An application is not finally determined for the purposes of subsection (1)(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. (2) After section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (time limit for general vesting declaration) insert— Extension of time limit during challenge 5B (1) If an application is made under section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A is to be extended by— (a) a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or (b) if shorter, one year. (2) An application is not finally determined for the purposes of subsection (1)(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.

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