12(1)Where the order provides for the creation of any easement or servitude over land in England and Wales or Scotland held by a statutory undertaker for the purposes of the carrying on of his undertaking, or of any right in or in relation to such land, the undertaker shall be entitled to recover compensation in accordance with the special provisions of Part II of this Act relating to statutory undertakers in any case in which those provisions apply; and shall not, in any such case, be entitled to recover compensation under the preceding paragraphs of this Schedule.E+W+S
(2)Compensation recoverable by virtue of sub-paragraph (1) above shall be recoverable—
(a)from the Secretary of State in the case of an order made otherwise than in favour of [F1the CAA or a licence holder];
(b)from the CAA in the case of an order made in favour of the CAA.
[F2(c)from the licence holder in the case of an order made in favour of a licence holder.]
Textual Amendments
F1Words in Sch. 7 para. 12(2)(a) substituted (1.4.2001) by 2000 c. 38, s. 36, Sch. 4 para. 16(2)(a) (with s. 106); S.I. 2001/869, art. 2
F2Sch. 7 para. 12(2)(c) inserted (1.4.2001) by 2000 c. 38, s. 36, Sch. 4 para. 16(4) (with s. 106); S.I. 2001/869, art. 2