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

2

1

For the purposes of this Order, the Land Compensation Act 197315 shall have effect subject to the modifications set out in sub-paragraph (2).

2

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

a

for the words “Where land is acquired or taken” there shall be substituted the words “Where 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)16 (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 4—

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 proposed”” there shall be substituted the words “right is proposed”.