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 as they apply as respects compensation on the compulsory purchase of land and interests in land.E+W
Commencement Information
I1Sch. 7 para. 1 in force at 1.9.2020, see art. 1
2.—(1) Without limitation to 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
(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 ”.
3.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in [F1sub-paragraph (2)].E+W
(2) In section 5A(5A) (relevant valuation date) of the 1961 Act, for (a) and (b) substitute—
“(a)the acquiring authority enters on 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 7 to the Immingham Open Cycle Gas Turbine Order 2020; F2...
(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 Immingham Open Cycle Gas Turbine 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.”.
Textual Amendments
F1Words in Sch. 7 para. 3(1) substituted (17.5.2021) by The Immingham Open Cycle Gas Turbine (Correction) Order 2021 (S.I. 2021/581), art. 1, Sch.
F2Word in Sch. 7 para. 3(2)(a) omitted (17.5.2021) by virtue of The Immingham Open Cycle Gas Turbine (Correction) Order 2021 (S.I. 2021/581), art. 1, Sch.
Commencement Information
I3Sch. 7 para. 3 in force at 1.9.2020, see art. 1