Part 7: Compulsory Purchase Etc Possession following notice to treat etc Section 187: Counter-notice requiring possession to be taken on specified date
Where an acquiring authority does not enter and take possession on the date specified in a notice of entry served under section 11(1) of the Compulsory Purchase Act 1965, the delay can cause uncertainty and have a number of adverse effects for the occupier. There may, for example, be a continuing liability to pay rent or insure the land and property that is the subject of the compulsory purchase order.
	Section 187 inserts a new section 11B into the Compulsory Purchase Act 1965. New section 11B enables an occupier with an interest in the land to serve a counter-notice requiring the acquiring authority to take possession of the land on a specified date. The date specified in the counter-notice must not be less than 28 days after the date on which the counter notice is served and must not be before the end of the period specified in the notice of entry under section 11(1) or any extended period that the person has agreed with the acquiring authority.
	Subsections (4) and (5) of new section 11B set out circumstances where a counter-notice requiring possession to be taken has no effect: either because the notice to treat has been withdrawn or ceases to have effect; or where the acquiring authority is prohibited from taking possession by other provisions of the 1965 Act. In the latter case, the occupier may serve a further counter-notice once the prohibition ceases.