SCHEDULES

SCHEDULE 7MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

2

1

Without prejudice to the generality of paragraph 1 above, the Land Compensation Act 1973 M1 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 1965 Act 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 1965 Act 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 ”.