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Towards a Compulsory Purchase Code,(2) Procedure,Final Report.,Report on a Reference Under Section 3 (I) (E) of the Law Commissions Act 1965: Cm. 6406

by Justice Roger Toulson

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This final report from the Law Commission follows up a consultative report on compulsory purchase procedure (Consultation paper 169, ISBN 0117302554) published in December 2002. The central problem is the inadequacy and obscurity of the Compulsory Purchase Act 1965. The current procedure for authorising a compulsory purchase is based on two stages - the acquiring authority's order, and the confirmation process, during which there may be a public inquiry, followed by a final decision by the confirming authority (the Secretary of State). There is a need to simplify and rationalize variations in this process. The law regarding statutory powers for the acquiring authority to enter land to carry out a survey, is unclear. Other topics in this report include: implementation of a compulsory purchase; time limits; transfer of title to the acquiring authority; divided land; and abortive orders. Customers may also be interested in the Law Commission's final report on compensation aspects of compulsory purchase (Cm 6071, Law Com. no. 286, ISBN 010607121) issued in December 2003.… (more)
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This final report from the Law Commission follows up a consultative report on compulsory purchase procedure (Consultation paper 169, ISBN 0117302554) published in December 2002. The central problem is the inadequacy and obscurity of the Compulsory Purchase Act 1965. The current procedure for authorising a compulsory purchase is based on two stages - the acquiring authority's order, and the confirmation process, during which there may be a public inquiry, followed by a final decision by the confirming authority (the Secretary of State). There is a need to simplify and rationalize variations in this process. The law regarding statutory powers for the acquiring authority to enter land to carry out a survey, is unclear. Other topics in this report include: implementation of a compulsory purchase; time limits; transfer of title to the acquiring authority; divided land; and abortive orders. Customers may also be interested in the Law Commission's final report on compensation aspects of compulsory purchase (Cm 6071, Law Com. no. 286, ISBN 010607121) issued in December 2003.

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