SCHEDULE 16Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants

Compensation enactments2

1

Without limiting the scope of sub-paragraph (1), the Land Compensation Act 197342 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 of the 1965 Act (measure of compensation in case of severance) as substituted by paragraph 5—

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 or the restrictive covenant is enforceable”.