The Levelling-up and Regeneration Act 2023 (Commencement No. 8 and Transitional Provision) Regulations 2025

Published: Thu 4th Dec 25

These Regulations, made under the Levelling-up and Regeneration Act 2023, commence specific provisions primarily related to compulsory purchase orders (CPOs) under the Acquisition of Land Act 1981.

The commencement applies to CPOs subject to confirmation by an authority other than the Welsh Ministers, or those prepared in draft by a Minister other than the Welsh Ministers.

Key changes involve bringing into force requirements for online publicity for CPOs and amending procedural rules within the 1981 Act.

A transitional provision clarifies that these amendments do not apply where necessary statutory public notices were published before the commencement date, ensuring ongoing processes are not legally disrupted.

Arguments For

Introduces necessary modernization to the compulsory purchase order (CPO) process by bringing into force provisions requiring online publicity for relevant CPOs.
Ensures procedural continuity by establishing transitional provisions that prevent changes in law from affecting CPOs already significantly advanced in the process, thus maintaining legal certainty for ongoing proceedings.
Clarifies parliamentary scrutiny requirements by commencing amendments that subject related regulations to the affirmative or negative parliamentary procedures where applicable.
Specifies commencement dates for key sections of the 2023 Act (Sections 181, 183(4), 184, and Schedules 18 and 19) that update the Acquisition of Land Act 1981 regarding CPOs not involving the Welsh Ministers.

Arguments Against

The regulations only partially commence provisions of the 2023 Act, leading to a fragmented application of new rules across different stages of the CPO process based on commencement dates.
The exclusion of compulsory purchase orders involving the Welsh Ministers necessitates separate commencement arrangements, potentially creating inconsistencies between different UK jurisdictions regarding CPO publicity rules.
Partial commencement of sections, as shown in the extensive history table, requires careful tracking to determine which version of the law applies to a specific order at any given time.
The decision not to produce a specific impact assessment suggests the perceived impact on affected bodies is minimal, which might underrepresent administrative burdens associated with adopting new online publicity requirements.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 255(7), (11) and (12) of the Levelling-up and Regeneration Act 2023.

The Secretary of State is officially establishing these legal rules by using powers granted under sections 255(7), (11), and (12) of the Levelling-up and Regeneration Act 2023.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Levelling-up and Regeneration Act 2023 (Commencement No. 8 and Transitional Provision) Regulations 2025.

(2)

This regulation and regulation 3 come into force on the day after the day on which these Regulations are made.

(3)

In these Regulations—

“the 1981 Act” means the Acquisition of Land Act 1981;

“acquiring authority”, “compulsory purchase order”, and “confirming authority” have the meaning given to those terms in section 7(1) of the 1981 Act (interpretation).

This primary section outlines the title, when parts take effect, and defines key terms used throughout the instrument.

The Regulations are formally named the Levelling-up and Regeneration Act 2023 (Commencement No. 8 and Transitional Provision) Regulations 2025.

Regulation 1 itself, along with Regulation 3 (Transitional Provision), become legally active the day immediately following the date these Regulations are officially made.

Interpretation confirms that “the 1981 Act” refers to the Acquisition of Land Act 1981, and standard terms like “acquiring authority,” “compulsory purchase order,” and “confirming authority” adopt the meanings defined in section 7(1) of that 1981 Act.

Provisions coming into force on the day after the day on which these Regulations are made2.

(1)

The following provisions of the Levelling-up and Regeneration Act 2023, so far as not already commenced, come into force on the day after the day on which these Regulations are made—

(a)

section 181 (online publicity) in relation to compulsory purchase orders to which paragraph (2) apply;

(b)

section 183(4) (conditional confirmation), so far as it relates to the provisions of Schedule 18 brought into force by sub-paragraph (d);

(c)

section 184 (corresponding provision for purchases by Ministers), so far as it relates to the provisions of Schedule 19 brought into force by sub-paragraph (e);

(d)

paragraph 3(1) and (2) of Schedule 18 (conditional confirmation and making of compulsory purchase orders: consequential amendments);

(e)

paragraph 1 of Schedule 19 (corresponding provision for purchases made by Ministers: online publicity) in relation to compulsory purchase orders to which paragraph (2) apply.

(2)

This paragraph applies to compulsory purchase orders that are—

(a)

subject to confirmation under Part 2 of the 1981 Act by a confirming authority other than the Welsh Ministers, or

(b)

prepared in draft under paragraph 1 of Schedule 1 to that Act by an acquiring authority other than the Welsh Ministers.

This part specifies which parts of the Levelling-up and Regeneration Act 2023 become active the day after the Regulations are made.

This generally covers amendments related to compulsory purchase orders (CPOs) under the 1981 Act.

Specifically activated provisions include Section 181 (online publicity) and certain consequential amendments in Schedule 18 and Schedule 19, which relate to conditional confirmation and online publishing requirements for CPOs.

Paragraph (2) defines the scope: these activated provisions only apply to CPOs that must be confirmed by an authority other than the Welsh Ministers, or CPOs drafted by an authority other than the Welsh Ministers.

This excludes Welsh CPO processes from this commencement order.

Transitional provision3.

(1)

The amendments made to the 1981 Act by the provisions brought into force by regulation 2(1)(a), (c) and (e) do not apply in relation to a compulsory purchase order where the date in paragraph (2) is before the date on which those provisions come into force.

(2)

The date in this paragraph is the date on which—

(a)

notice of the making of the order is first published pursuant to section 11(1) of the 1981 Act, or

(b)

notice of the preparation in draft of the order is first published pursuant to paragraph 2(1) of Schedule 1 to the 1981 Act.

This section establishes a transitional rule specifically for the amendments made by Regulation 2 relating to online publicity and ministerial CPO provisions.

This rule ensures legal continuity during the transition.

If the relevant date specified in paragraph (2) has already passed before these new provisions come into force, the amendments do not affect that specific compulsory purchase order.

This prevents disrupting CPOs already underway.

The relevant date is defined as the first date that either the notice of the order's making is published (under section 11(1) of the 1981 Act for confirmed orders) or the public notice of the order's draft preparation is published (under Schedule 1, paragraph 2(1) for orders requiring confirmation).

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Matthew Pennycook

Minister of State

Ministry of Housing, Communities and Local Government

1st December 2025

This confirms the legal authority and signing details for the instrument.

The document was signed on 1st December 2025 by Matthew Pennycook, acting as Minister of State on behalf of the Secretary of State for Housing, Communities and Local Government.

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