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 imposition of a restrictive covenant as they apply as respects compensation for the compulsory purchase of land and interests in land.E+W+S
Commencement Information
I1Sch. 7 para. 1 in force at 15.10.2020, see art. 1
2.—(1) Without limitation on the scope of paragraph 93, 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 7 to the Great Yarmouth Third River Crossing Development Consent Order 2020 (“the 2020 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 7 to the 2020 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 subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.”.
Commencement Information
I2Sch. 7 para. 2 in force at 15.10.2020, see art. 1
3.—(1) Without limitation on the scope of paragraph 93, 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 ”.