## SCHEDULE 13 

## Article 25 

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

## Compensation enactments 

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land 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 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 1961 Act has effect subject to the following modification set out in sub-paragraph (2). 

(2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute— 

“(5A) If— 

(a) the acquiring authority enters on land for the purposes 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 12 to the Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020 (“the 2020 Order”); 

(b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 12 to the 2020 Order) 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 when it entered on that land for the purpose of exercising that right.” 

3. —(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 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)— 

(a) for “land is acquired or taken” substitute “a right over land is purchased”; and 

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

## Application of Part 1 of the 1965 Act 

4.  Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by article 23 (application of Part 1 of the 1965 Act) to the acquisition of land under article 22 (power to acquire land), applies to the compulsory acquisition of rights under article 25(1) or (2) (power to acquire new rights)— 

(a) with the modification 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— 

(a) the right acquired or to be acquired; or 

(b) the land over which the right is or is to be exercisable. 

