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Compulsory Purchase (Vesting Declarations) Act 1981

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Change 1

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As published

4 Execution of declaration.

(1) The acquiring authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form vesting the land in themselves from the end of such period as may be specified in the declaration .... (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. (1A) But an acquiring authority may not execute a declaration in respect of land if they have served a notice to treat in respect of that land and have not withdrawn it. (1B) In subsection (1A) the reference to an authority having “served” a notice does not include cases in which the authority is deemed to have served a notice. (2) For the purposes of this Act a certificate by the acquiring authority that the service of notices required by section 6 below was completed on a date specified in the certificate shall be conclusive evidence of the fact so stated. (3) For the purposes of this Act the “vesting date” in relation to any land that is actually specified in a general vesting declaration is— (a) the first day after the end of the period specified in the declaration in accordance with subsection (1) above, or (b) if a counter-notice is served under paragraph 2 of Schedule A1 within that period in relation to land, the day determined as the vesting date for the land in accordance with that Schedule. (4) For the purposes of this Act, the “vesting date” for any land that is deemed to have been specified in a general vesting declaration by Schedule A1 is the day determined as the vesting date for the land in accordance with that Schedule.

Your change, as a redline

4 Execution of declaration.

(1) The acquiring authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form vesting the land in themselves from the end of such period as may be specified in the declaration .... (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. (1A) But an acquiring authority may not execute a declaration in respect of land if they have served a notice to treat in respect of that land and have not withdrawn it. (1B) In subsection (1A) the reference to an authority having “served” a notice does not include cases in which the authority is deemed to have served a notice. (2) For the purposes of this Act a certificate by the acquiring authority that the service of notices required by section 6 below was completed on a date specified in the certificate shall be conclusive evidence of the fact so stated. (3) For the purposes of this Act the “vesting date” in relation to any land that is actually specified in a general vesting declaration is— (a) the first day after the end of the period specified in the declaration in accordance with subsection (1) above, or (b) if a counter-notice is served under paragraph 2 of Schedule A1 within that period in relation to land, the day determined as the vesting date for the land in accordance with that Schedule. (4) For the purposes of this Act, the “vesting date” for any land that is deemed to have been specified in a general vesting declaration by Schedule A1 is the day determined as the vesting date for the land in accordance with that Schedule.

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