New Clause 37: Orders of the Day
New Clause 37— Application of compulsory acquisition procedure provisions
'(1) This section applies if an order granting development consent includes provision authorising the compulsory acquisition of land.
(2) Part 1 of the Compulsory Purchase Act 1965 (procedure for compulsory purchase) applies to the compulsory acquisition of land under the order—
(a) as it applies to a compulsory purchase to which Part 2 of the Acquisition of Land Act 1981 applies, and
(b) as if the order were a compulsory purchase order under that Act.
(3) Part 1 of the Compulsory Purchase Act 1965, as applied by subsection (2), has effect with the omission of the following provisions—
(a) section 4 (time limit for exercise of compulsory purchase powers);
(b) paragraph 3(3) of Schedule 3 (provision as to giving of bonds).
(4) In so far as the order includes provision authorising the compulsory acquisition of land in Scotland—
(a) subsections (2) and (3) do not apply, and
(b) the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ("the 1947 Act") applies to the compulsory acquisition of that land under the order as if the order were a compulsory purchase order as defined in section 1(1) of that Act.
(5) The 1947 Act, as applied by subsection (4), has effect with the omission of the following provisions—
(a) Parts 2 and 3 of the First Schedule (compulsory purchase by Ministers and special provisions as to certain descriptions of land);
(b) section 116 of the Lands Clauses Consolidation (Scotland) Act 1845 (time limit for exercise of compulsory purchase powers) (that section being incorporated into the 1947 Act by paragraph 1 of the Second Schedule to the 1947 Act).
(6) Subsections (2) to (5) are subject to any contrary provision made by the order granting development consent.'.— [John Healey.]
 Brought up, read the First and Second time, and added to the Bill.
 Amendments made: No. 114, page 56, line 15, leave out from 'The' to end of line 10 on page 57 and insert
'provision that may be made under subsection (3) includes in particular provision for or relating to any of the matters listed in Part 1 of Schedule (Provision relating to, or to matters ancillary to, development)'.
No. 115, page 57, line 25, leave out from '(8)' to end of line and insert
'Subsections (3) to (7) are subject to subsection (8A) and the following provisions of this Chapter.