SCHEDULES
SCHEDULE 16Temporary possession and use of land
Part 1Temporary possession for construction of works
2Exceptions
1
Paragraph 1(2) does not apply in relation to—
a
land which is subject to a restricted power of compulsory acquisition,
b
land in respect of which a notice of entry has been served under section 11 of the Compulsory Purchase Act 1965 (as applied by section 4(3) to the acquisition of land under section 4(1)), other than in connection with the acquisition of rights or subsoil only or the imposition of a restrictive covenant, or
c
land in respect of which a declaration has been made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (as applied by section 4(4) to the acquisition of land under section 4(1)), other than in connection with the acquisition of rights or subsoil only or the imposition of a restrictive covenant.
2
The power under section 4(1) (power to acquire land compulsorily) is not exercisable in relation to land specified in the table in Part 4 of this Schedule.
3
But sub-paragraph (2) does not apply in relation to land specified in the table to the extent (if any) that—
a
the land is subject to a restricted power of compulsory acquisition, or
b
there is power by virtue of section 5(3) to impose restrictive covenants over the land.
4
For the purposes of this Schedule, land is subject to a restricted power of compulsory acquisition if the power under section 4(1) may be exercised in relation to the land only—
a
so as to acquire rights relating to the land (see section 5(4)),
b
so as to acquire the subsoil or under-surface of the land or so as to acquire rights of passage over the land (see paragraphs 1 and 2 of Schedule 11),
(ignoring any power by virtue of section 5(3) to impose restrictive covenants over the land).