OpenLegislation

Paragraph 16 I1I2

(1)

The modifications of CP(VD)A 1981 referred to in paragraph 15(a) are as follows.

(2)

References to CPA 1965 are, in appropriate contexts, to be 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.

(3)

References to CPA 1965 are to be read as references to that Act as it applies to the compulsory acquisition of a right under section 89.

(4)

Section 8(1) (vesting, and right to enter and take possession) is to be read as securing that—

(a)

a general vesting declaration in respect of any right vests the right in the acquiring authority on the vesting date, and

(b)

as from the vesting date, the acquiring authority has power, exercisable in the same circumstances and subject to the same conditions, to enter land for the purpose of exercising that right as if the circumstances mentioned in paragraph (a) and (b) of section 8(1) had arisen.

(5)

Section 9(2) (right of entry under section 8(1) not exercisable in respect of land subject to certain tenancies unless notice has been served on occupiers of the land) is to be read as requiring a notice served by the appropriate authority under that provision to refer to the authority’s intention to enter land specified in the notice in order to exercise the right.

(6)

In section 10(1) (acquiring authority’s liability on vesting of the land), the reference to the acquiring authority’s taking possession of the land under section 11 of CPA 1965 is to be read as a reference to the authority’s exercising the power to enter the land under that provision as modified by paragraph 12 of this Schedule.

(7)

Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) is to be read as if—

(a)

in paragraph 1(1), for “part only of” there were substituted “only the acquisition of a right over”;

(b)

paragraph 1(2) were omitted;

(c)

references to the land proposed to be acquired were (subject to paragraph (e) below) to the right proposed to be acquired;

(d)

references to the additional land were to the house, building or factory over which the right is proposed to be exercisable;

(e)

in paragraphs 14 and 15, references to the severance of land proposed to be acquired were to the acquisition of the right; and

(f)

in paragraph 15, after “in addition to” there were inserted “or in substitution for”.

Annotations

Commencement

I1

Sch. 4 para. 16 not in force at Royal Assent, see s. 118(3)

I2

Sch. 4 para. 16 in force at 18.2.2026 by S.I. 2025/1370, reg. 4(1)(l)