Levelling-up and Regeneration Act 2023

Conditional ordersE+W

3(1)Schedule 1 to the Acquisition of Land Act 1981 (compulsory purchase by Minister) is amended as follows.

(2)After paragraph 4A insert—

“4AA(1)The Minister may make a compulsory purchase order conditionally.

(2)The effect of making an order conditionally is that the order—

(a)does not become operative until the Minister has decided, following consideration by the appropriate authority (see paragraph 4(8)), that certain conditions have been met, and

(b)expires if the Minister has not decided that by a certain time.

(3)The conditions and the time are to be specified by the Minister when making the order.

(4)The procedure to be followed in connection with the consideration and decision referred to in sub-paragraph (2)(a) is to be prescribed.

(5)The prescribed procedure must include provision for each relevant objector—

(a)to be given notice that the appropriate authority is to consider whether the conditions have been met (or for steps to be taken with a view to notifying them), and

(b)to have the opportunity to make written representations relating to that consideration;

and may include provision as to the giving of reasons for the decision by the Minister.

(6)In sub-paragraph (5), “relevant objector” means a person who made an objection to the draft order that—

(a)was a remaining objection for the purposes of paragraph 4A, and

(b)had not been withdrawn by the time the order was made.”

(3)In paragraph 6 (notices after making of order)—

(a)in sub-paragraph (2)(b), for “date when the order becomes operative” substitute “day on which the Minister takes the final step needed to comply with sub-paragraph (1)(a)”;

(b)in sub-paragraph (3), at the beginning insert “Unless the order was made conditionally,”;

(c)in sub-paragraph (4), after paragraph (b) insert—

“(ba)if the order was made conditionally, stating the conditions and time specified under paragraph 4AA(3);”;

(d)after sub-paragraph (4A) (inserted by paragraph 1(6)) insert—

“(4B)If the order was made conditionally and the Minister decides under paragraph 4AA that the conditions have been met, the Minister must serve—

(a)a copy of the order, and

(b)a fulfilment notice,

on each person on whom a notice was required to be served under paragraph 3.

(4C)Where sub-paragraph (4B) applies, the Minister must also—

(a)affix a fulfilment notice to a conspicuous object or objects on or near the land comprised in the order, and

(b)publish a fulfilment notice—

(i)in one or more local newspapers circulating in the locality in which the land comprised in the order is situated, and

(ii)on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the Minister takes the final step needed to comply with sub-paragraph (4B).

(4D)A fulfilment notice is a notice—

(a)stating that the conditions subject to which the order was made have been met and that the order will therefore become operative, and

(b)annexing the information that was contained in the making notice.”;

(e)in sub-paragraph (5), after “notice” insert “or fulfilment notice”;

(f)in sub-paragraph (6)—

(i)after “notice” insert “, and any fulfilment notice,”;

(ii)for “it” substitute “each such notice”.