(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 32(4) is also modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation. 

(8) For Schedule 2A to the 1965 Act substitute— 

## “SCHEDULE 2A 

## COUNTER-NOTICE REQUIRING PURCHASE OF LAND NOT IN NOTICE TO TREAT 

## Introduction 

1.  This Schedule applies where an acquiring authority (“the authority”) serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 (execution of declaration) of the 1981 Act as applied by article 31 (application of the 1981 Act) of the Lake Lothing (Lowestoft) Third Crossing Order 2020 in respect of the land to which the notice to treat relates. 

2.  But see article 27(4) (acquisition of subsoil or airspace only) of the Lake Lothing (Lowestoft) Third Crossing Order 2020 which excludes the acquisition of subsoil or airspace only from the application of this Schedule. 

3.  In this Schedule, “house” includes any park or garden belonging to a house. 

## Counter-notice requiring purchase of land 

3.  A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. 

4.  A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. 

## Response to counter-notice 

5.  On receiving a counter-notice, the authority must decide whether to— 

(a) withdraw the notice to treat, 

(b) accept the counter-notice, or 

(c) refer the counter-notice to the Upper Tribunal. 

6.  The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). 

7.  If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. 

8.  If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. 

9.  If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. 

