SCHEDULES

SCHEDULE 9MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

Compensation enactments

I11

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 for the compulsory purchase of land and interests in land.

Annotations:
Commencement Information
I1

Sch. 9 para. 1 in force at 11.6.2020, see art. 1

I22

1

Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the 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 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 9 to the M42 Junction 6 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 9 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.

Annotations:
Commencement Information
I2

Sch. 9 para. 2 in force at 11.6.2020, see art. 1

I33

1

Without limitation on the scope of paragraph 1, the Land Compensation Act 197384 has effect subject to the modifications set out in sub-paragraph (2).

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”.