Statutory Instruments
NEW TOWNS
Made
23rd March 1977
Laid before Parliament
1st April 1977
Coming into Operation
22nd April 1977
The Secretary of State for the Environment, in relation to England, and the Secretary of State for Wales, in relation to Wales, in exercise of the powers conferred by sections 10(3) and (4), 51(2)(b) and 53 of, and paragraphs 1, 2, 5 and 13 of Schedule 3 and 1, 2 and 5 of Schedule 4 to the New Towns Act 1965, and now vested in them(1), and of all other powers enabling them in that behalf, hereby make the following regulations:-
1. These regulations apply to England and Wales, come into operation on 22nd April 1977 and may be cited as the New Towns (Compulsory Purchase of Land) Regulations 1977.
2.-(1) In these regulations, unless the context otherwise requires, "the Act" means
(2) In these regulations, any reference to a numbered form is a reference to the form bearing that number in the Schedule hereto, or a form substantially to the like effect.
(3) In these regulations, unless the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended, or applied by or under any other enactment.
(4) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
3. The prescribed forms for the under-mentioned provisions of the Act shall be as follows-
(a)for the purposes of section 10, the form of representation by statutory undertakers with respect to land within an area to be designated by order under section 1 of the Act, shall be form 1;
(b)for the purposes of paragraph 1 of Schedule 3, the form of compulsory purchase order shall be form 2, or if the order provides for the vesting of land given in exchange pursuant to paragraph 13 of Schedule 3, form 3;
(c)for the purposes of paragraph 2(1) of Schedule 3, the form of notice to be published or, where applicable, personal notice to be served, concerning a compulsory purchase order, shall be form 4;
(d)for the purposes of paragraph 5 of Schedule 3, the form of notice of confirmation of a compulsory purchase order shall be form 5; but in relation to an order made by a Minister, that form shall have effect with the substitution for references to the confirmation of an order submitted, of references to the making of an order;
(e)for the purposes of section 10(3), the form of representation by statutory undertakers that land is operational land and request for that land to be excluded from a compulsory purchase order, shall be form 6;
(f)for the purposes of section 10(1) and paragraph 1 of Schedule 4, the form of application by a development corporation or local highway authority for a compulsory purchase order relating to operational land of statutory undertakers, shall be form 7;
(g)for the purposes of section 10(1) and paragraph 2 of Schedule 4, the form of notice to owners, lessees and occupiers of an application for a compulsory purchase order in respect of operational land of statutory undertakers, shall be form 8;
(h)for the purposes of section 10(1) and paragraph 5 of Schedule 4, the form of notice to owners, lessees and occupiers of the making of a compulsory purchase order in respect of operational land of statutory undertakers, shall be form 9;
(i)for the purposes of paragraph 13 of Schedule 3, the form of newspaper notice stating that a certificate has been given under Part IV of Schedule 3, shall be form 10.
4. The particulars of the interest of an owner or occupier for the purposes of paragraph 5(a) of Schedule 3 to the Act shall be the name and postal address of the owner or occupier, a statement of the nature of the interest of the owner or occupier, and particulars sufficient to enable the acquiring authority to identify the extent and boundaries of the land in respect of which the person giving the particulars is owner or occupier.
5. Any notice or other document which is to be served on a person as having an interest in premises, or on a person as an occupier of premises, in the manner provided by section 51(2)(b) of the Act shall, at the beginning of that notice or other document, have clearly and legibly marked upon it, in the following form, the words:
IMPORTANT-THIS COMMUNICATION AFFECTS YOUR PROPERTY
and where such notice or other document is not sent in a pre-paid registered letter or by the recorded delivery service but is delivered under cover to some person on the premises (in accordance with the said section) the cover shall also be marked in like manner.
6. The New Towns (Particulars and Forms of Orders and Notices) Regulations 1947 are hereby revoked; but this revocation shall not affect the validity of any order, notice, advertisement or other document made, executed, published or issued before the commencement of these regulations in a form prescribed by any of the revoked regulations.
Peter Shore
Secretary of State for the Environment
17th March 1977
John Morris
Secretary of State for Wales
23rd March 1977
These Regulations revoke and re-enact the New Towns (Particulars and Forms of Orders and Notices) Regulations 1947, with amendments which take account of the provisions of the New Towns Act 1965 and the Town and Country Planning Act 1968 (c. 72).
The principal changes are-
(a)references to appropriate provisions of the Act of 1965 have been substituted for references to the provisions of earlier Acts repealed by that Act;
(b)forms which related to the expedited completion of the compulsory purchase of land for the purposes of a new town have been omitted, since the old power to effect such expedited completion has been replaced in the Act of 1968 by a power to make general vesting declarations;
(c)a number of forms have been recast to bring them into line with the equivalent forms prescribed by the Compulsory Purchase of Land Regulations 1976 (S.I. 1976/300) in connection with the making and confirmation of compulsory purchase orders to which the provisions of the Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49) apply.
As respects the Secretary of State for the Environment S.I. 1970/1681 (1970 III, p. 5551), and as respects the Secretary of State for Wales S.I. 1965/319 (1965 I, p.785).