High Speed Rail (London - West Midlands) Act 2017

Compulsory Purchase (Vesting Declarations) Act 1981 and compensation enactments

4 (1) The modifications referred to in paragraph 3(1)(a) are as follows.

(2) References in the 1981 Act to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired or (as the case may be) the restrictive covenant imposed or to be imposed, or

(b) the land over which the right is, or is to be, exercisable or (as the case may be) the restrictive covenant is, or is to be, enforceable.

(3) References in the 1981 Act to the Compulsory Purchase Act 1965 are to be read as references to that Act as it applies to a compulsory acquisition under section 4(1) by virtue of section 5.

(4) Section 8(1) of the 1981 Act (vesting, and right to enter and take possession) is modified so as to secure—

(a) that a general vesting declaration in respect of any right or restrictive covenant vests the right or the benefit of the covenant in the acquiring authority on the vesting date, and

(b) that, as from the vesting date, the acquiring authority have power, exercisable in the same circumstances and subject to the same conditions, to enter land for the purpose of exercising that right or enforcing that covenant as if the circumstances mentioned in section 8(1)(a) and (b) of the 1981 Act had arisen.

(5) Section 9(2) of the 1981 Act (right of entry under section 8(1) not exercisable in respect of land subject to certain tenancies, unless notice has been served on occupiers of the land) is modified so as to require a notice served by the appropriate authority under that provision to refer to the authority’s intention to enter land specified in the notice in order to exercise the right or enforce the restrictive covenant.

(6) In section 10(1) of the 1981 Act (acquiring authority’s liability on vesting of land), the reference to the acquiring authority’s taking possession of the land under section 11(1) of CPA 1965 is to be read instead as a reference to the authority’s exercising the power to enter the land under that provision as modified by paragraph 2(6) of this Schedule.

(7) Part 1 of Schedule 1 to the 1981 Act (divided land: buildings and gardens, etc) has effect as if—

(a) in paragraph 2(1) (notice of objection to severance of buildings, gardens etc), for “part only of” there were substituted “only the acquisition of a right over, or the imposition of a restrictive covenant affecting”,

(b) in paragraph 3(a), the reference to the interest in respect of which a notice of objection to severance is served were to the right or the benefit of the covenant mentioned in paragraph 2(1) (as modified by paragraph (a) of this sub-paragraph) (and subsequent references to that interest are to be construed accordingly),

(c) in paragraph 8(1), the reference to the part of the land proposed to be severed which is comprised in the general vesting declaration were to the right or covenant comprised in the declaration,

(d) for paragraph 8(2) there were substituted—

“(2) Sub-paragraph (3) applies where the Upper Tribunal is determining under this paragraph, as applied by paragraph 3 of Schedule 9 to the High Speed Rail (London - West Midlands) Act 2017, whether—

(a) a right over or restrictive covenant affecting part of a house, building or factory can be taken without material detriment, or

(b) a right over or restrictive covenant affecting part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house.

(3) The Tribunal shall take into account, not only the effect of the right or covenant on the whole of the house, building or factory or of the house and the park or garden, but also the use to be made of the right or covenant proposed to be acquired or imposed and, in a case where the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.”,

(e) in paragraph 9(1), the reference to a part of the land which includes the part comprised in the general vesting declaration were to a part of the land which includes the land over which the right or covenant comprised in the declaration is proposed to be exercisable or enforceable, and

(f) any reference, in relation to the acquiring authority, to entering upon or taking possession of land were to entering upon land for the purpose of exercising the right acquired or enforcing the restrictive covenant imposed.