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Land Compensation Act 1973

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Changes over time for: Section 44

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Version Superseded: 02/10/2014

Status:

Point in time view as at 06/11/2013. This version of this provision has been superseded. Help about Status

Changes to legislation:

Land Compensation Act 1973, Section 44 is up to date with all changes known to be in force on or before 06 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

44 Compensation for injurious affection.E+W

(1)Where land is acquired or taken from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land acquired or taken from him.

(2)In this section “compensation for injurious affection” means compensation for injurious affection under section 63 or 121 of the M1Lands Clauses Consolidation Act 1845 or section 7 or 20 of the M2Compulsory Purchase Act 1965, and subsection (1) above shall apply with the necessary modifications to such compensation under the said section 7 as substituted by [F1paragraph 6 of Schedule 19 to the M3Highways Act 1980], [F2paragraph 7 of Schedule 3 to the Gas Act 1986][F3paragraph 3 of [F4Schedule 9 to the Water Industry Act 1991 or of Schedule 18 to the Water Resources Act 1991]](compulsory acquisition of rights over land) or any corresponding enactment, including (except where otherwise provided) an enactment passed after this Act.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

Modifications etc. (not altering text)

C1S. 44(1) modified (18.6.1992) by Compulsory Purchase Act 1965 (c. 56), as applied (with modifications) by British Railways (No. 2) Act 1992 (c. xi), s. 27, Sch. 3 para.1.

S. 44(1) modified (10.11.1993) by 1965 c. 56, s. 7(2) (as modified by 1993 c. 28, s. 169, Sch. 20 para.21; S.I. 1993/2762, art.3).

S. 44(1) modified (27.8.1998) by S.I. 1998/1936, art. 29(3), Sch. 7 para. 2(1)(2) (with art. 45)

S. 44(1) modified (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1965 c. 56, s. 7(2) (as modified by 1998 c. 45, s. 20, Sch. 5 Pt. II para. 4; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c))

S. 44 applied (with modifications) (19.2.1999) by S.I. 1999/537, art. 7(2), Sch. 2 para. 9

S. 44 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 15(3), Sch. 5 para. 2

S. 44 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 17(3), Sch. 7 para. 2

Marginal Citations

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