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Amendment of section 217 of Principal Act.
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69.— Section 217 of the Principal Act is amended by the insertion of the following subsection after subsection (6):
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“(6A) (a) Notwithstanding subsection (6) where legal proceedings are in being either—
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(i) challenging the validity of the compulsory purchase order or provisional order concerned, or
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(ii) challenging the validity of permissions, consents or authorisations granted by or under this Act or by or under any other enactment relating to the project in respect of, or purpose for which, the land concerned is being acquired,
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and a notice to treat is not served within the period of 18 months (in this subsection referred to as the ‘first period’), the first period shall be extended for a further period (in this subsection referred to as the ‘second period’) beginning on the day immediately after the day on which the first period expires and expiring on the earlier of—
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(I) 30 days after the day on which the legal proceedings are concluded, or
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(II) 18 months after the day on which the first period expires.
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(b) Where proceedings referred to in paragraph (a) have not been concluded during the second period, on an application to the High Court by the Local Authority not later than four weeks after the expiry of the second period, the Court considers that in the particular circumstances there is good and sufficient reason for doing so, the Court may extend the second period by such further period as it believes necessary in the circumstances provided that it is just and equitable to do so having regard to all of the circumstances.”.
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