the authorised development) of the A585 Windy Harbour to Skippool Highway Development Consent Order 2020”. 

## Application of the 1981 Act 

26. —(1) The 1981 Act applies as if this Order were a compulsory purchase order. 

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications. 

(3) In section 1 (application of Act) for subsection 2 substitute— 

“(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.”. 

(4) In section 5( a ) (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end. 

(5) Omit section 5A( b ) (time limit for general vesting declaration). 

(6) In section 5B(1)( c ) (extension of time limit during challenge)— 

(a) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)”; and 

(b) for “the three year period mentioned in section 5A” substitute “the five year period mentioned in article 22 (time limit for exercise of authority to acquire land compulsorily) of the A585 Windy Harbour to Skippool Highway Development Consent Order 2020”. 

(7) In section 6( d ) (notices after execution of declaration) in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”. 

(8) In section 7( e ) (constructive notice to treat) in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”. 

(9) In Schedule A1( f ) (counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2). 

(10) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 25 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of land under this Order. 

## Acquisition of subsoil or airspace only 

27. —(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or of the airspace over the land referred to in paragraph (1) of article 20 (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land. 

(2) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land referred to in paragraph (1), the undertaker is not required to acquire an interest in any other part of the land. 

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only— 

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act as modified by article 25 of this Order; 

