The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 No. 325

SCHEDULE 4 E+W MODIFICATION OF THE COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

MODIFICATION OF THE LAND COMPENSATION ACT 1973 E+W

2.—(1) Without limitation on the scope of paragraph (1), the Land Compensation Act 1973 M1 has effect subject to the modification set out in sub-paragraph (2). E+W

(2) In section 44(1) M2 (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act (measure of compensation in case of severance) 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) words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

Commencement Information

I1 Sch. 4 para. 2 in force at 14.4.2020, see art. 1

Marginal Citations

M1 1973. c.26.

M2 Relevant amendments to section 44 were made by the 1980 Act, section 343(2), Schedule 24, paragraph 23; the Gas Act 1986, section 67(1), Schedule 7, paragraph 14; the Water Act 1989, section 190, Schedule 25, paragraph 44, and the Water Consolidation (Consequential Provisions) Act 1991 (c.60) , section 2, Schedule 1, paragraph 23.

3.—(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

(2) For section 5A(1) M3 of the 1961 Act, (relevant valuation date) after “if” substitute—

“(a) the acquiring authority enters on the land for the purpose 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 4 to The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020); and

(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 Reinforcement to The North Shropshire Electricity Distribution Network Order 2020) 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 where it entered on that land for the purpose of exercising that right.”

Commencement Information

I2 Sch. 4 para. 3 in force at 14.4.2020, see art. 1

Marginal Citations

M3 Section 5A was inserted by the Planning and Compulsory Purchase Act 2004, section 103 and relevant amendments were made by the Housing and Planning Act 2016, section 199, Schedule 17, paragraph 4, Schedule 18, paragraph 9 and S.I. 2009/1307.