Commentary on provisions of the Act Schedule 13: Right to require acquisition where time limit extended
Schedule 13 sets out the arrangements to apply if the Secretary of State makes an order under section 10(2) extending the time limit for exercising the power of compulsory acquisition under section 4(1). The Schedule enables the owner or a qualifying lessee of land to which the order relates to bring the period of uncertainty to an end.
	Paragraph 2 provides that the owner or a lessee holding an interest under a lease which has at least 21 years to run may serve the Secretary of State with a notice stating that the person in question wishes the Secretary of State to acquire the person’s interest in the land. The Secretary of State must then within three months of receipt of the notice either agree to acquire the person’s interest in the whole or part of the land, exercise the applicable compulsory acquisition powers in respect of the person’s interest in the whole or part of the land or notify the person that the Secretary of State does not intend to proceed with the purchase of the person’s interest in any of the land.
	Paragraph 3 provides that if the Secretary of State fails to comply with those requirements or notifies the person that the Secretary of State does not intend to purchase the land, the compulsory acquisition powers cease to be exercisable in respect of the person’s interest. Where the Secretary of State acquires the person’s interest in only part of the land specified in the notice, the compulsory acquisition powers cease to be exercisable in respect of the person’s interest in the remainder of the land.
	The provisions of the Schedule do not apply where the powers of compulsory acquisition are only exercisable in respect of subsoil more than 9 metres below the surface of the land.