The Hornsea Two Offshore Wind Farm Order 2016

Land Compensation Act 1973 modified E+W+S

2.—(1) Without limiting paragraph 1, the Land Compensation Act 1973(1) 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 the land of”; 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 “right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden”;

(c) for “part proposed”, substitute “right or restrictive covenant proposed”; and

(d) for “part is”, substitute “right or restrictive covenant is”.

Commencement Information

I1 Sch. 6 para. 2 in force at 7.9.2016, see art. 1(2)

(1)

1973 c.26.