SCHEDULES

SCHEDULE 2Acquisition of Land

Part IISupplementary

Acquisition of rights

2

1

The Secretary of State may under section 2 of this Act acquire easements or other rights in or over land by creating them as well as acquiring easements or other rights already in existence.

2

In relation to the compulsory acquisition of a right by virtue of sub-paragraph (1) above the provisions of the 1980 Act specified in sub-paragraph (3) below shall apply—

a

as if references to such a compulsory acquisition were included in references to the compulsory acquisition of a right by virtue of section 250 of that Act; and

b

as if any such acquisition were made by a compulsory purchase order made in the exercise of highway land acquisition powers.

3

The provisions are—

a

section 250(4) and (5) and Part II of Schedule 19 (adaptations of [1965 c. 56.] Compulsory Purchase Act 1965 and the enactments relating to compensation for compulsory purchase);

b

section 251 (rights acquired to be binding on successive owners of the land); and

c

sections 252 and 261(2) (power of land owners affected by rights acquisition to compel acquisition of whole interest).