Paragraph 9 I1I2

Section 7 of CPA 1965 is to have effect as if for the words of that section there were substituted—

“Measure of compensation in case of acquisition of new right

7

(1)

In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is acquired is depreciated by the acquisition but also to the damage (if any) to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.

(2)

The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 (compensation for injurious affection) is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that—

(a)

for “land is acquired or taken” there is substituted “a right over land is acquired”; and

(b)

for “acquired or taken from him” there is substituted “over which the right is exercisable”.”