Subject to the provisions of this Act, the Executive may enter upon, take and use such of the lands respectively delineated on the deposited plans and the substituted plan and described respectively in the deposited book of reference and the substituted book of reference as they may require for the purposes of the authorised works or for any purpose connected with, or ancillary to, their undertaking.
(1)In this section references to the purchase by the Executive of new rights are references to the purchase of rights to be created in favour of the Executive.
(2)The Executive may, for the purposes of constructing, maintaining, protecting, renewing and using any of the authorised works, purchase compulsorily such new rights as they may require over any of the lands that may be acquired compulsorily under this Act instead of acquiring those lands.
(3)The [1965 c. 56.] Compulsory Purchase Act 1965 as applied by this Act shall have effect with the modifications necessary to make it apply to the compulsory purchase of rights under subsection (2) above as it applies to the compulsory purchase of land so that, in appropriate contexts, references in that Act to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable according to the requirements of the context.
(4)Without prejudice to the generality of subsection (3) above, in relation to the purchase of rights under subsection (2) above—
(a)Part I of the said Act of 1965 shall have effect with the modifications specified in the Schedule to this Act; and
(b)the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.
(1)If the deposited plans or the deposited book of reference or the substituted plan or the substituted book of reference are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the Executive after giving not less than 10 days' notice to the owner, lessee and occupier of the land in question may apply to two justices having jurisdiction in the place where the land is situated for the correction thereof.
(2)If on any such application it appears to the justices that the misstatement or wrong description arose from mistake, the justices shall certify the fact accordingly, and shall in their certificate state in what respect any matter is misstated or wrongly described.
(3)The certificate shall be deposited in the office of the Clerk of the Parliaments, and a copy thereof in the Private Bill Office, House of Commons, and with the proper officer of the Oldham Borough Council and thereupon the deposited plans and the deposited book of reference or, as the case may be, the substituted plan and the substituted book of reference shall be deemed to be corrected according to the certificate, and it shall be lawful for the Executive to take the land and execute the works in accordance with the certificate.
(4)A person with whom a copy of the certificate is deposited under this section shall keep it with the other documents to which it relates.
In determining a question with respect to compensation claimed in consequence of the compulsory acquisition of land under this Act, the tribunal shall not take into account any interest in land, or any enhancement of the value of any interest in land, by reason of any building erected, works executed or improvement or alteration made, whether on the land acquired or on any other land with which the claimant is, or was at the time of erection, executing or making of the building, works, improvement or alteration, directly or indirectly concerned, if the tribunal are satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration, as the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
(1)All private rights of way over any land that may be acquired compulsorily under this Act shall be extinguished on the acquisition of the land, whether compulsorily or by agreement, or on the entry on the land in pursuance of section 11 (1) of the [1965 c. 56.] Compulsory Purchase Act 1965, as applied by this Act, whichever is the sooner.
(2)Any person who suffers loss by the extinguishment of any right under this section shall be entitled to be paid by the Executive compensation to be determined in case of dispute by the tribunal.
(1)The powers of the Executive for the compulsory acquisition of the lands which they are authorised to acquire by this Part of this Act shall not be exercised after the end of the period of 5 years commencing on the date of the passing of this Act.
(2)The powers of the Executive for the compulsory acquisition of the said lands shall for the purposes of this section be deemed to have been exercised when notice to treat has been served in respect of those lands.