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SCHEDULES

SCHEDULE 13MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND THE IMPOSITION OF RESTRICTIVE COVENANTS

Application of Part 1 of the 1965 Act

7.  Section 11(1) (powers of entry) of the 1965 Act is so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 26), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A(2) (powers of entry: further notices of entry), 11B(3) (counter- notice requiring possession to be taken on specified date), 12(4) (unauthorised entry) and 13(5) (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

(1)

Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

(2)

Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

(3)

Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016 (c. 22).

(4)

Section 12 was amended by paragraph 4 of Schedule 16 to the Housing and Planning Act 2016 (c. 22).

(5)

Section 13 was amended by sections 139(5) to (9) of, and paragraph 28(2) of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).