SCHEDULES

SCHEDULE 4E+W Procedure for Authorising Compulsory Acquisitions

Part V E+W

Validity and date of operation of compulsory purchase orders and certificatesE+W

14(1)If any person aggrieved by a compulsory purchase order, or by a certificate under paragraph 13 above, desires to question the validity thereof, or of any provision contained therein, on the ground—E+W

(a)that it is not within the powers of this Act, or

(b)that any requirement of this Act or any regulation made under this Act has not been complied with in relation to the order or certificate,

he may, within 6 weeks from the date on which notice of the confirmation or making of the order or of the giving of the certificate is first published in accordance with this Schedule, apply to the High Court.

(2)On any such application the Court—

(a)may by interim order suspend the operation of the order or any of its provisions, or of the certificate, either generally or in so far as it affects the applicant’s property, until the final determination of the proceedings; and

(b)if satisfied that the order or any of its provisions, or the certificate, is not within the powers of this Act or that the applicant’s interests have been substantially prejudiced by any requirement of this Act or of any regulation made under it not having been complied with, may quash the order or any of its provisions, or the certificate, either generally or in so far as it affects any of the applicant’s property.

15E+WSubject to paragraph 14 above, a compulsory purchase order or a certificate under paragraph 13 above—

(a)shall not, either before or after it has been made or confirmed or given, be questioned in any legal proceedings whatsoever; and

(b)shall become operative on the date on which notice is first published as mentioned in that paragraph 14.

16E+WThis Part of this Schedule—

(a)shall not apply to an order which is confirmed by Act of Parliament under section [F14 or] 6 of the M1Statutory Orders (Special Procedure) Act 1945, but, (except for that)—

(b)shall have effect in relation to a compulsory purchase order to which that Act applies—

(i)as if in paragraph 14(1) above for the reference to the date on which notice of the confirmation or making of the order is first published in accordance with this Schedule there were substituted a reference to the date on which the order becomes operative under that Act of 1945, and

(ii)as if paragraph 15(b) above were omitted.