(1)The power under section 4(1) in relation to land may be exercised in relation to the subsoil or under-surface of the land only.
(2)The following do not apply in connection with the exercise of the power under section 4(1) in relation to subsoil or under-surface only—
[F1(a)Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat);
(b)Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration);
(c)section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test).]
(3)Subsection (2) is to be disregarded where the power under section 4(1) is exercised in relation to a cellar, vault, arch or other construction forming part of a house, building or manufactory.
(4)Schedule 11 contains provision which in certain cases restricts the power under section 4(1)—
(a)to the subsoil or under-surface of land, or
(b)to the subsoil or under-surface of land and rights of passage.
Textual Amendments
F1S. 8(2)(a)-(c) substituted for s. 8(2)(a)(b) (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 3; S.I. 2017/209, reg. 2
