SCHEDULES

SCHEDULE 4MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

2.

(1)

Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the following modification set out in sub-paragraph (2).

(2)

For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

“(5A)

If—

(a)

the acquiring authority enter on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) (powers of entry) of the 1965 Act (as modified by paragraph 5(5) of Schedule 4 to the Network Rail (London to Corby)(Land Acquisition) 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 4 to the 2020 Order) to acquire an interest in the land; and

(c)

the acquiring authority enter 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.”.