(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 context) as referring to, or as including references to— 

(a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or 

(b) the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforced. 

(3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute— 

“ 7.  In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”. 

(4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say— 

(a) section 9(4) (failure by owners to convey); 

(b) paragraph 10(3) of Schedule 1 (owners under incapacity); 

(c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and 

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land), 

are 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 compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority. 

(5) Section 11( a ) (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 20), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A( b ) (powers of entry; further notices of entry), 11B( c ) (counter-notice requiring possession to be taken on specified date), 12( d ) (unauthorised entry) and 13( e ) (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly. 

(6) Section 20( f ) (protection for interests of tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question. 

