Paragraph 12 I1
The provisions of the Act of 1965 mentioned in sub-paragraph (2) (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) are to be read as if they were modified in accordance with sub-paragraph (3).
The provisions are—
section 9(4) (failure of owners to convey),
paragraph 10(3) of Schedule 1 (owners under incapacity),
paragraph 2(3) of Schedule 2 (absent and untraced owners), and
paragraphs 2(3) and 7(2) of Schedule 4 (common land).
The provisions are to be read as if they were modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be acquired compulsorily is vested absolutely in the acquiring authority.
Annotations
Commencement
- I1
Sch. 2 para. 12 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)
Notes on Schedule 2
Modifications
- C1
Schs. 2-4 applied (with modifications) (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 9(3), Sch. 3 Pt. 2
- C2
Schs. 2-4 applied (with modifications) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14(5), Sch. 3 (with art. 28)
- C3
Schs. 2-4 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(5), Sch. 2 Pt. 2
- C4
Schs. 2-4 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 13(5), Sch. 2 Pts. 1, 2
- C5
Sch. 2 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 9(5), Sch. 2 Pt. 2
- C6
Schs. 2-4 applied (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 10(5), Sch. 2 Pt. 2
- C7
Schs. 2-4 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 36(4), Sch. 4 (with art. 9)
- C8
Schs. 2-4 applied (with modifications) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 17(3), Sch. 3 Pt. 2
- C9
Schs. 2-4 applied (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 9(3), Sch. 2 Pt. 2
- C10
Schs. 2-4 applied (with modifications) (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 8(3), Sch. 2 Pt. 2
- C11
Schs. 2-4 applied (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 8(3), Sch. 2 Pt. 2
Notes on Part 1
Modifications
- C1
Sch. 2 Pt. 1 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 207(7)(8), 240(1)(l)
- C2
Sch. 2 Pt. 1 applied (with modifications) by 1999 c. 29, s. 333ZA(6)(7) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))