Law Commission issues consultation paper on changes to "fragmented" law on compulsory purchase
The Law Commission has published a consultation paper on compulsory purchase, as part of its review of the current "complex and inaccessible" law on compulsory purchase and compensation.
The full consultation paper is available, as well as a summary of the consultation paper.
The Government’s law reform advisory body said: “The law of compulsory purchase in England and Wales is fragmented, hard to access and in need of modernisation.
“In the early 2000s, this led to a three-year project by the Law Commission, Towards a Compulsory Purchase Code, which resulted in the publication of two reports dealing with compensation and procedure respectively.
“This consultation paper builds on these reports, whilst taking account of the piecemeal reforms which have since been made to the law. It seeks views on ways in which to simplify, consolidate and modernise the law. It also looks at technical changes that may be needed to make the law work better.”
The Law Commission has been asked by the Ministry of Housing, Communities and Local Government (MHCLG) to produce a draft Bill as part of carrying out its review of the law in this area.
The Bill is intended to consolidate, codify, and make technical changes to the law. “It will ensure that the law is modernised, simplified, accessible, technically sound and internally consistent,” the Law Commission said.
Commissioner for Public Law, Professor Alison Young, said: “Compulsory purchase is an important means through which to deliver infrastructure and development projects. However, the law is complex and inaccessible. It is important to ensure that the law is clear and up to date. We would encourage anyone who has knowledge or experience in this area to give us their views on our questions and provisional proposals.”
The consultation is open until 31 March 2025.
The Ministry of Housing, Communities & Local Government yesterday issued a consultation on further reforms aimed at expanding and simplifying compulsory purchase orders.
