SCHEDULE 7
Article 17
Modification of compensation and compulsory purchase enactments for creation of new rights
Compensation enactments 1. The enactments for the time being in force with respect to compensation for the compulsory
purchase of land shall 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 as respects compensation on the compulsory purchase of land and interests in land.
2.—(1) Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973(a)
shall have effect subject to the modifications set out in sub-paragraphs (2) and (3). (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for
injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—
(a) for the words “land is acquired or taken” there shall be substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and
(b) for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable or the restrictive covenant enforceable”.
(3) In section 58(1) (determination of material detriment where part of house etc. proposed for
compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—
(a) for the word “part” in paragraphs (a) and (b) there shall be substituted the words “a right over or restrictive covenant affecting land consisting”;
(b) for the word “severance” there shall be substituted the words “right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden”;
(c) for the words “part proposed” there shall be substituted the words “right or restrictive covenant proposed”; and
(d) for the words “part is” there shall be substituted the words “right or restrictive covenant is”.
Application of the 1965 Act 3.—(1) The 1965 Act shall have effect with the modifications necessary to make it apply to the
compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—
(a) the right acquired or to be acquired; or (b) the land over which the right is or is to be exercisable.
(2) Without prejudice to the generality of sub-paragraph (1), Part 1 of the 1965 Act shall apply
in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.
4. For section 7 of the 1965 Act (measure of compensation) there shall be substituted the
following section— (a) 1973 c.26.
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