SCHEDULES

SCHEDULE 10Acquisition of part of land only

3(1)Where under paragraph 2 a notice to treat is deemed by virtue of a determination of the Upper Tribunal to be a notice to treat for less land or more land than that specified in the notice, the Secretary of State may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice.

(2)If the Secretary of State withdraws a notice to treat under sub-paragraph (1), the Secretary of State must pay the person to whom the notice was given compensation for any loss or expense occasioned to that person by the giving and withdrawal of the notice; and in case of dispute, such compensation is to be determined by the Upper Tribunal.

(3)Where under paragraph 1 or 2 a person is required to sell part only of a house, building or manufactory or of land consisting of a house with a park or garden, the Secretary of State must pay the person compensation for any loss sustained by the person due to the severance of that part in addition to the value of the interest acquired.

(4)A notice to treat has the effect which it is deemed to have under paragraph 1(3) or paragraph 2(3), (4) or (5) whether or not the additional land is, apart from that provision, land which the Secretary of State is authorised to acquire compulsorily under this Act.