## SCHEDULE 8 

Article 24 

## MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS 

## Compensation enactments 

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land are to 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 restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land. 

2. —(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973( a ) has effect subject to the modifications set out in sub-paragraph (2). 

(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 5— 

(a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and 

(b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”. 

3. —(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1961 has effect subject to the modification set out in paragraph 2(2). 

(2) For section 5A(5A) (relevant valuation date) of the 1961 Act, after “if” substitute— 

“(a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 8 to the Riverside Energy Park Order 2020); 

(b) the acquiring authority is subsequently required by a determination under paragraph 27 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 8 to the Riverside Energy Park Order 2020) to acquire an interest in the land; and 

(c) the acquiring authority enters on and takes possession of that land, 

the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.”. 

## Application of Part 1 of the 1965 Act 

4.  Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 29) to the acquisition of land under article 22, applies to the compulsory acquisition of a right by the creation of a new right under article 24— 

(a) with the modifications specified in paragraph 5; and 

(b) with such other modifications as may be necessary. 

5. —(1) The modifications referred to in paragraph 4(a) are as follows. 

(2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to— 

