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(8) | Nothing in this paragraph shall affect any liability to pay compensation |
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under section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied |
| |
to the acquisition of land under section 6(1), or under any other enactment, |
| |
otherwise than for loss for which compensation is payable under sub- |
| |
| 5 |
| |
(a) | “the maintenance period”, in relation to any work, means the period |
| |
beginning with the date on which the work is completed and ending |
| |
5 years after the date on which it is brought into general use; |
| |
(b) | “structure” includes any erection; |
| 10 |
(c) | any reference to land within a specified distance of a work includes, |
| |
in the case of a work under the surface of the ground, a reference to |
| |
land within the specified distance of any point on the surface below |
| |
which the work is situated. |
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Suspension of private rights of way |
| 15 |
5 (1) | Subject to sub-paragraph (2), all private rights of way over land of which the |
| |
nominated undertaker takes possession under paragraph 1 or 4 above shall |
| |
be suspended and unenforceable for as long as it remains in lawful |
| |
| |
(2) | The nominated undertaker may, in relation to a right of way, by direction |
| 20 |
| |
(a) | that sub-paragraph (1) shall not apply to the right, or |
| |
(b) | that sub-paragraph (1) shall apply to the right only to such extent as |
| |
may be specified in the direction. |
| |
(3) | The nominated undertaker shall compensate any person who suffers loss by |
| 25 |
reason of the suspension of any right under sub-paragraph (1). |
| |
(4) | Any dispute as to a person’s entitlement to compensation under sub- |
| |
paragraph (3), or as to the amount of the compensation, shall be determined |
| |
under and in accordance with Part 1 of the Land Compensation Act 1961 |
| |
| 30 |
| |
6 (1) | If the nominated undertaker is under this Schedule authorised to enter on |
| |
and take possession of any land, and the owner or occupier of any of that |
| |
land, or any other person, refuses to give up possession of it, or hinders the |
| |
nominated undertaker from entering on or taking possession of it, the |
| 35 |
nominated undertaker may issue its warrant to the sheriff to deliver |
| |
possession of it to the person appointed in the warrant to receive it. |
| |
(2) | On receipt of a warrant under sub-paragraph (1), the sheriff shall deliver |
| |
possession of the land concerned in accordance with the warrant. |
| |
(3) | Section 13(3) to (5) of the Compulsory Purchase Act 1965 (recovery of costs |
| 40 |
of issue and execution of warrant) shall apply in relation to the costs |
| |
accruing by reason of the issue and execution of a warrant under this |
| |
| |
(4) | In the application of those provisions for the purposes of this paragraph— |
| |
|
| |
|
| |
|
(a) | the reference in subsection (3) to the acquiring authority shall be read |
| |
as a reference to the nominated undertaker, and |
| |
(b) | references to compensation payable to the person refusing to give |
| |
possession shall be read as references to compensation payable |
| |
| 5 |
(5) | In this paragraph, “sheriff” has the same meaning as in section 13 of the |
| |
Compulsory Purchase Act 1965 (c. 56). |
| |
| |
| |
Acquisition of land shown within limits on deposited plans |
| |
| 10 |
Purposes for which certain land may be acquired |
| |
| | | | | | | | | Purpose for which land may |
| | | | | | | | | | | | | | 15 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 20 | | | | | | | | | 9, 11, 13 to 15, 17 to 19, 21 |
| | | | | | | | | | | | | | | | | | | | | 25 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 30 | | | | | | | | | | | | | | | | | | | | | | | | | | | 47, 48, 50 to 57, 61 and 69 |
| | | 35 | | | | | | | | | | | | | | | | | | |
|
|
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|
| |
|
| | | | | | | | | Purpose for which land may |
| | | | | | | | | | | 388, 390, 392, 399, 400 and |
| | | | | | | | | 5 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 10 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 15 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 20 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 25 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 30 | | | | | | | | | 890, 895 to 897, 900, 901, |
| | | | | | | | | | | | 917, 922 to 924, 927, 932, |
| | | | | | | | | 35 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 40 |
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