SCHEDULES

SCHEDULE 5MODIFICATION OF COMPENSATION AND COMPULSORY PUR CHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

2

1

Without prejudice to the generality of paragraph 1 above, the Land Compensation Act 1973 shall have effect subject to the modifications set out in sub-paragraphs (2) and (3) below.

2

In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the Act of 1965 as substituted by paragraph 4 below—

a

for the words “land is acquired or taken” there shall be substituted the words “a right over land is purchased”; and

b

for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable”.

3

In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the Act of 1965 as substituted by paragraph 5 below—

a

for the word “part” in paragraphs (a) and (b) there shall be substituted the words “a right over land consisting”;

b

for the word “severance” there shall be substituted the words “right over the whole of the house, building or manufactory or of the house and the park or garden”;

c

for the words “part proposed” there shall be substituted the words “right proposed”; and

d

for the words “part is” there shall be substituted the words “right is”.