(7) If any such agreement as is referred to in paragraph (6)(b)— (a) is made with a person in or to whom the right is vested or belongs; and
(b) is expressed to have effect also for the benefit of those deriving title from or under that person,
it shall be effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.
(8) Reference in this article to private rights over land includes reference to any trusts or incidents to which the land is subject.
Application of the Compulsory Purchase (Vesting Declarations) Act 1981 19.—(1) The 1981 Act shall apply as if this Order were a compulsory purchase order. (2) The 1981 Act, as so applied, shall have effect with the following modifications. (3) In section 3 (preliminary notices), for subsection (1) there shall be substituted— “(1) Before making a declaration under section 4 with respect to any land which is subject
to a compulsory purchase order, the acquiring authority shall include the particulars specified in subsection (3) in a notice which is—
(a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and
(b) published in a local newspaper circulating in the area in which the land is situated.”.
(4) In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)” and after
“given” there shall be inserted “and published”. (5) In that section, for subsections (5) and (6) there shall be substituted— “(5) For the purposes of this section, a person has a relevant interest in land if—
(a) that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or
(b) that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.”.
(6) In section 5 (earliest date for execution of declaration)—
(a) in subsection (1), after “publication” there shall be inserted “in a local newspaper circulating in the area in which the land is situated”; and
(b) subsection (2) shall be omitted. (7) In section 7 (constructive notice to treat), in subsection (1)(a), the words “(as modified by
section 4 of the Acquisition of Land Act 1981)” shall be omitted. (8) References to the 1965 Act in the 1981 Act shall be construed as references to that Act as
applied by section 125 of the 2008 Act to the compulsory acquisition of land under this Order.
Acquisition of subsoil only 20.—(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of
the land referred to in paragraph (1) of article 15 (compulsory acquisition of land) or article 17 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
(2) Where the undertaker acquires any part of, or rights in, the subsoil of land under paragraph
(1), the undertaker shall not be required to acquire an interest in any other part of the land. (3) Paragraph (2) shall not prevent article 21 (acquisition of part of certain properties) from
applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.
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