SCHEDULES

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

Compensation enactments
2 (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973 has effect subject to the modifications set out in sub-paragraphs (2) and (3).
1973 c. 26.
(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—
(a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and
(b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.
(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—
(a) for “part” in paragraphs (a) and (b) substitute “a right over or restrictive covenant affecting land consisting”;
(b) for “severance” substitute “acquisition of the right or restrictive covenant””;
(c) for “part proposed” substitute “right or restrictive covenant proposed”; and
(d) for “part is” substitute “right or restrictive covenant is”.
Section 58(1) was amended by section 16(3) of, and Schedule 5 to, the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), section 4 of, and paragraph 29(1) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.