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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 possession of the land.E+W+S+N.I.
(2)The nominated undertaker may, in relation to a right of way, by direction provide—
(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 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 (c. 33).
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