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1. The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply in respect of compensation on the compulsory purchase of land and interests in land.E+W+S
2.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).E+W+S
(2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—
“(5A) If—
(a)the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the A19/A184 Testo's Junction Alteration Development Consent Order 2018 (“the 2018 Order”));
(b)the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the 2018 Order) to acquire an interest in the land; and
(c)the acquiring authority enters on and takes possession of that land,
the authority is deemed for the purposes of [F1subsection (3)(a)] to have entered on that land when it entered on that land for the purpose of exercising that right.”.
Textual Amendments
F1Words in Sch. 6 para. 2(2) substituted (15.5.2019) by The A19/A184 Testos Junction Alteration (Correction) Order 2019 (S.I. 2019/941), art. 1, Sch.
3.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973 M1 has effect subject to the modifications set out in sub-paragraph (2).E+W+S
(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—
(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 ”.
Marginal Citations