SCHEDULES

SCHEDULE 5MODIFICATION 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 197342 has effect subject to the modifications set out in sub-paragraphs (2) and (3).

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)43 (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”.