Postal Services Act 2000 (c. 26)

(The document as of February, 2008)

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5 Subject to this Schedule, the chairman of the Council, chairmen of regional committees established under section 54(4)(a), the chairman of any committee for England established under section 54(4)(c) and other members of the Council shall hold and vacate office in accordance with the terms of their respective appointments.

6 (1) A person holding office as chairman of the Council, chairman of a regional committee established under section 54(4)(a), chairman of any committee for England established under section 54(4)(c) or other member of the Council may resign his office by giving notice to the Secretary of State.

(2) The Secretary of State may remove a person from any such office on the ground of incapacity or misbehaviour.

(3) Where a person ceases to hold office as chairman of the Council or of a regional committee established under section 54(4)(a) or of any committee for England established under section 54(4)(c), he shall cease to be a member of the Council.

(4) No person shall be prevented from being a member of the Council (whether as chairman or otherwise) merely because he has previously been a member of the Council (whether as chairman or otherwise).

Pay and remuneration of members

7 (1) The Council shall pay the chairman and other members of the Council such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

(2) The Council may--

(a) with the approval of the Secretary of State, pay any member of a committee or sub-committee who is not a member of the Council such remuneration, and

(b) pay any member of a committee or sub-committee such travelling and other allowances,

as the Council may determine.

(3) The Council may, with the approval of the Secretary of State--

(a) pay to or in respect of any person who is or has been a chairman or other member of the Council or of a committee or sub-committee such pension, allowances or gratuities as the Council may, with the approval of the Secretary of State, determine, or

(b) make such payments as the Council may, with the approval of the Secretary of State, determine towards provision for the payment of a pension, allowance or gratuity to or in respect of such a person.

(4) Where--

(a) a person ceases to hold office as chairman or other member of the Council or of a committee or sub-committee, and

(b) the Council, with the approval of the Secretary of State, determines that there are special circumstances which make it right for that person to receive compensation,

the Council may make a payment to the person by way of compensation of such amount as it may, with the approval of the Secretary of State, determine.

Staff

8 (1) The Council shall, after consulting the Secretary of State, appoint a person as principal officer.

(2) The appointment shall be on such terms and conditions of service as the Secretary of State may approve.

(3) The Council may, with the approval of the Secretary of State as to numbers and terms and conditions of service, appoint such other staff as it considers appropriate.

9 (1) The persons to whom section 1 of the [1972 c. 11.] Superannuation Act 1972 applies (persons to or in respect of whom benefits may be provided by schemes under that section) shall include the staff of the Council.

(2) The Council shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the [1972 c. 11.] Superannuation Act 1972.

Proceedings etc.

10 (1) The Council may regulate its own procedure (including quorum).

(2) The validity of anything done by the Council shall not be affected by a vacancy among its members or by a defect in the appointment of a member.

11 (1) The application of the common seal of the Council shall be authenticated by the signature of the principal officer, the chairman or a member of the Council, or some other person who has been authorised for that purpose (whether generally or specifically) by the Council.

(2) Sub-paragraph (1) does not apply in relation to any document which is or is to be signed in accordance with the law of Scotland.

12 A document purporting to be duly executed under the seal of the Council, or signed on its behalf, shall be received in evidence and, unless the contrary is proved, be taken to be so executed or signed.

Delegation

13 Anything authorised or required to be done by the Council may be done by--

(a) any member, or member of staff, of the Council who is authorised by the Council for that purpose (whether generally or specifically), or

(b) any committee of the Council which has been so authorised.

Supplementary powers

14 The Council has power to do anything (except borrow money) which is calculated to facilitate, or is incidental or conducive to, the performance of any of its functions.

Accounts and expenses

15 The Council shall comply with any notice given to it by the Secretary of State with the approval of the Treasury requiring it to perform duties of a financial nature specified in the notice.

16 (1) The Council shall prepare, in respect of each financial year, a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the Council.

(2) The statement of accounts shall comply with any requirement notified to the Council by the Secretary of State with the approval of the Treasury.

(3) The Council shall send a copy of each statement of accounts prepared under this paragraph to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which it relates as the Secretary of State may specify by notice given to the Council.

(4) The Comptroller and Auditor General shall--

(a) examine, certify and report on each statement of accounts received by him under sub-paragraph (3), and

(b) lay a copy of each such statement of accounts, and of his report on it, before each House of Parliament.

17 The Secretary of State may pay such amounts in respect of the expenses of the Council as he may determine.

Section 62(6).

SCHEDULE 3 Transfer to the Post Office company: supplementary provisions

General provisions as to vesting of property etc.

1 (1) Anything (including any legal proceedings) which, immediately before the appointed day, is in the process of being done by or in relation to the Post Office may, so far as it relates to anything transferred by virtue of section 62, be continued by or in relation to the Post Office company.

(2) Anything done (or having effect as if done) by or in relation to the Post Office for the purposes of or in connection with anything transferred by virtue of section 62 shall, if in force immediately before the appointed day, have effect as if done by or in relation to the Post Office company in so far as that is required for continuing its effect on or after the appointed day.

(3) The transfer effected by virtue of section 62 does not affect the validity of anything done (or having effect as if done) by or in relation to the Post Office before the appointed day.

(4) Any agreement (whether or not in writing), or any document other than an agreement or enactment, which was made before the appointed day shall have effect, so far as may be necessary for the purposes of, or in consequence of, the transfer effected by virtue of section 62 as if--

(a) any references (including references which are to be construed as such references) to the Post Office were references to the Post Office company, and

(b) any references (including references which are to be construed as such references) to an employee or other person serving the Post Office in a specified capacity were references to such a person as the Post Office company may appoint or, in default of appointment, to a person with corresponding functions serving the Post Office company.

(5) The Secretary of State may by order provide for any provision of sub-paragraphs (1) to (4) not to apply, or to apply with modifications, in such cases or descriptions of case as he considers appropriate.

(6) Sub-paragraphs (1) to (4) are subject to any provision made by or under this Act.

Pensions

2 (1) The Post Office company shall, on and after the appointed day, be liable to make payments of the same descriptions as the descriptions of payments which, immediately before that day, the Post Office was liable to make under sections 44 and 46 of the [1969 c. 48.] Post Office Act 1969 (pension payments for certain former civil servants).

(2) Sub-paragraph (1) is without prejudice to the generality of the transfer effected by virtue of section 62.

3 Section 6(2) of the [1949 c. 39.] Commonwealth Telegraphs Act 1949 (which provides for the making of regulations with respect to the payment of pensions to, or in respect of, employees of Cable and Wireless Limited) shall have effect as if, in paragraph (c) and sub-paragraphs (iv), (v) and (vi) of paragraph (d), references which include references to the successor company (within the meaning of the [1984 c. 12.] Telecommunications Act 1984) included references to the Post Office company.

4 (1) Trustees appointed by the Post Office company shall hold moneys held immediately before the appointed day by virtue of section 47(10) of the [1969 c. 48.] Post Office Act 1969 (moneys paid to the Post Office to meet certain pension liabilities), and any sums accruing as a result of the investment of such money, on such relevant trusts as the Post Office company may declare.

(2) For the purposes of sub-paragraph (1)--

(a) the persons who were trustees appointed by the Post Office for the purposes of section 47 of the Act of 1969 immediately before the appointed day shall be treated, on and after that day, as if they are the first trustees appointed by the Post Office company, and

(b) the trusts (as modified by paragraph 1 of this Schedule and with the substitution of references to paragraph 2 of this Schedule for references to sections 44 and 46 of the Act of 1969) on which the moneys were held by them immediately before the appointed day for the purposes of section 47 of the Act of 1969 shall be treated, on and after the appointed day, as if they are the first relevant trusts declared by the Post Office company.

(3) Subject to that, for the purposes of sub-paragraph (1), trusts are relevant trusts if their objects consist in--

(a) the payment, or the making of provision for the payment, of pensions, allowances and gratuities to, or in respect of, such persons engaged in the business of the Post Office company or any company associated with the Post Office company as may be specified in the trusts, and

(b) the reimbursement of the Post Office company for sums paid under paragraph 2,

and include the objects of the first relevant trusts.

Welfare funds

5 (1) This paragraph applies to--

(a) a fund (whether described as a welfare fund, benevolent fund, mutual aid fund or otherwise) whose objects consist in, or include, the provision of benefits in case of need, sickness or distress for Post Office beneficiaries, and

(b) a society or organisation (however described) whose objects are similar.

(2) In sub-paragraph (1) "Post Office beneficiaries" means any or all of the following persons--

(a) persons who are, or have been, engaged in the business of the Post Office,

(b) the relatives or dependants of such persons.

(3) The provisions of the trust deed, rules, regulations or other instrument constituting or regulating a fund, society or organisation to which this paragraph applies may, by resolution of the managers of the fund, society or organisation, be altered as mentioned in sub-paragraph (4).

(4) The provisions may be altered so as--

(a) to permit persons who are, or have been, engaged in the business of the Post Office company, or such persons of a particular description, to become members of, or subscribers to, the fund, society or organisation,

(b) to entitle such persons, or such persons of a particular description, and persons claiming in right of them, to receive benefits from the fund, society or organisation (subject to any terms and conditions specified in the resolution) if, and to the extent that, they would be entitled to receive benefits from it if being engaged in the business of the Post Office company were being engaged in the business of the Post Office.

(5) No alteration may be made that alters the character of the fund, society or organisation.

(6) If a resolution of the managers of a fund, society or organisation to which this paragraph applies so provides--

(a) any references in the trust deed, rules, regulations or other instrument constituting or regulating the fund, society or organisation to the Post Office shall be construed as references (or, if the context so requires, as including references) to the Post Office company, and

(b) any references in that instrument to persons engaged in the business of the Post Office or persons of a particular description so engaged shall be construed as references (or, if the context so requires, as including references) to persons engaged in the business of the Post Office company or (as the case may be) persons of a corresponding description so engaged.

(7) In this paragraph "managers" in relation to a fund, society or organisation, means the trustees, committee or other persons entrusted with its management.

Third party rights relating to land

6 (1) No relevant land right shall operate or become exercisable as a result of the transfer effected by virtue of section 62.

(2) In this paragraph "relevant land right" means any of the following rights relating to land--

(a) a right of reverter (or, in Scotland, the right of the fiar on the termination of a liferent),

(b) a right of pre-emption,

(d) a right of re-entry,

(e) a right of irritancy,

(f) an option, and

(g) a right similar to anything falling within paragraphs (a) to (f).

(3) A relevant land right shall have effect, in the case of the transfer effected by virtue of section 62, as if--

(a) the Post Office company were the same person in law as the Post Office, and

(b) no transfer of the land had taken place.

(4) Such compensation as is just shall be paid by the Post Office company to any person in respect of any relevant land right which would, apart from sub-paragraphs (1) to (3), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of those sub-paragraphs, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.

(5) Any dispute as to whether, or how much, compensation is payable or about the person to whom it is payable shall be referred to and determined by--

(a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),

(b) an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or

Other third party property rights

7 (1) This paragraph applies where--

(a) any rights or liabilities of a third party which were enforceable against or by the Post Office have by virtue of this Part of this Act become enforceable against or by the Post Office company, and

(b) the value of any property or interest of the third party is diminished as a result.

(2) Such compensation as is just shall be paid by the Post Office company.

(3) Any dispute as to whether, or how much, compensation is payable or about the person to whom it is payable shall be referred to and determined by--

(a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),

(b) an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or

(4) In this paragraph "third party" means any person other than the Post Office and the Post Office company.

Requisitions on title as to Treasury consent

8 A person dealing with the Post Office company in respect of land transferred to it by virtue of section 62 shall not be bound or entitled to inquire whether the consent of the Treasury to any previous dealing with the land was needed or whether, if it was, it was given.

Vesting of foreign property etc.

9 (1) The Post Office and the Post Office company shall take, as and when during the transitional period the Post Office company considers appropriate, all such steps as may be necessary to secure that the vesting in the Post Office company by virtue of section 62 or this paragraph of any foreign property, right or liability is effective under the relevant foreign law.

(2) Until the vesting in the Post Office company by virtue of section 62 or this paragraph of any foreign property, right or liability is effective under the relevant foreign law, the Post Office shall during the transitional period--

(a) hold that property or right for the benefit of the Post Office company, or

(b) discharge that liability on behalf of the Post Office company.

(3) Nothing in sub-paragraphs (1) and (2) shall be taken as prejudicing the effect under the law of the United Kingdom, or of any part of the United Kingdom, of the vesting in the Post Office company by virtue of section 62 or this paragraph of any foreign property, right or liability.

(4) The Post Office shall, subject to sub-paragraphs (5) and (6), have all such powers as may be necessary for the performance of its duties under this paragraph.

(5) The Post Office company shall during the transitional period act on behalf of the Post Office (so far as possible) in performing the duties imposed on the Post Office by this paragraph.

(6) Any foreign property, rights and liabilities acquired or incurred by the Post Office during the transitional period shall immediately become property, rights and liabilities of the Post Office company.

(7) References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(8) Any expenses incurred by the Post Office under this paragraph shall be met by the Post Office company.

Interpretation

10 The period of the continued existence of the Post Office after the appointed day is referred to in this Schedule as "the transitional period".

Section 81.

SCHEDULE 4 Transfer to the Post Office company: tax

Corporation tax: general

1 The Post Office company shall, on and after the appointed day, be treated for all purposes of corporation tax as if it were the same person as the Post Office.

Shares and other securities

2 Any share issued by the Post Office company or any of its wholly owned subsidiaries in pursuance of section 63 shall be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a subscription paid to the company concerned of an amount equal to the nominal value of the share.

3 Any security (other than a share) issued by the Post Office company or any of its wholly owned subsidiaries in pursuance of section 63 or 74 shall be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a loan made to the company concerned of an amount equal to the principal sum payable under the security.

Debt

4 Any debt assumed by the Post Office company under section 74(1) shall be treated for the purposes of the Corporation Tax Acts as if it had been assumed wholly in consideration of a loan made to the company of an amount equal to the principal sum payable under the debt.

Transfer arrangements

5 The existence or exercise of the powers of the Secretary of State under section 62 shall not be regarded as constituting or creating arrangements within the meaning of section 410 of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (arrangements for the transfer of a company to another group or consortium).

Tax-free benefits

6 Nothing in this Part and nothing done under it shall be regarded as a scheme or arrangement for the purposes of section 30 of the [1992 c. 12.] Taxation of Chargeable Gains Act 1992 (tax-free benefits).

Assets acquired by the Post Office in 1969

7 The Act of 1992 shall apply in relation to a disposal by the Post Office company of an asset acquired by the Post Office by virtue of Part III of the [1969 c. 48.] Post Office Act 1969 as if the acquisition or provision of the asset by the Crown had been the acquisition or provision of it by the Post Office company.

Value added tax

8 The Post Office company shall, on and after the appointed day, be treated for all purposes of value added tax as if it were the same person as the Post Office.

Stamp duty

9 No transfer effected by virtue of section 62 shall give rise to any liability to stamp duty.

Section 95.

SCHEDULE 5 Acquisition of land

Part I Powers of acquisition etc

England and Wales

1 (1) The Secretary of State may authorise a universal service provider to purchase compulsorily any land in England and Wales required for any purpose in connection with the provision of a universal postal service.

(2) The power of purchasing land compulsorily under this paragraph includes power to acquire, by creation of a new right, an easement or other right over land.

(3) Any land in England and Wales vested in a universal service provider by virtue of this Schedule shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking as a universal service provider.

Scotland

2 (1) The Secretary of State may authorise a universal service provider to purchase compulsorily any land in Scotland required for any purpose in connection with the provision of a universal postal service.

(2) The power of purchasing land compulsorily under this paragraph includes power to acquire, by creation of a new right, a servitude or other right over land.

(3) Any land in Scotland vested in a universal service provider by virtue of this Schedule shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking as a universal service provider.

Northern Ireland

3 (1) Where a universal service provider proposes to acquire, otherwise than by agreement, any land in Northern Ireland--

(a) which is required by the universal service provider for any purpose in connection with the provision of a universal postal service, or

(b) as to which it can reasonably be foreseen that it will be so required,

the universal service provider may apply to the Secretary of State for an order vesting the land in him, and the Secretary of State shall have power to make such an order.

(2) The power of acquiring land compulsorily under this paragraph includes power to acquire, by the creation of a new right, an easement or other right over land.

(3) The Secretary of State shall consult the First Minister and the deputy First Minister in Northern Ireland before exercising his power to make an order under this paragraph in respect of land which--

(a) is the property of any public body which has power under any enactment to acquire land compulsorily, or

(b) is declared by or under any enactment to be inalienable,

where representations objecting to the proposal for making the order have been duly made by the owner of the land and not withdrawn.

(4) Any land in Northern Ireland vested in a universal service provider by virtue of this Schedule shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking as a universal service provider.

(5) Section 122(1) does not apply to an order of the Secretary of State under this paragraph.

(6) In this paragraph--

"land" has the meaning given by section 45(1)(a) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954, and
"public body" means a body established by or under any enactment.

Part II Procedure, compensation etc (England and Wales)

Application of Acquisition of Land Act 1981

4 (1) The [1981 c. 67.] Acquisition of Land Act 1981 shall apply to any compulsory purchase by a universal service provider of land or rights in England and Wales.

(2) Schedule 3 to that Act shall apply in the case of a compulsory acquisition by a universal service provider of a right by the creation of a new right.

New rights: Compulsory Purchase Act 1965

5 The [1965 c. 56.] Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make it apply to a universal service provider's compulsory acquisition of a right in England and Wales by the creation of a new right as it applies to the compulsory acquisition of land, so that, in appropriate contexts, references in that Act to land are to be read as referring, or as including references, to--

(a) the right acquired or to be acquired, or

(b) land over which the right is or is to be exercisable,

according to the requirements of the particular context.

New rights: specific adaptations of 1965 Act

6 Without prejudice to the generality of paragraph 5, Part I of the [1965 c. 56.] Compulsory Purchase Act 1965 shall apply in relation to a universal service provider's compulsory acquisition of a right in England and Wales by the creation of a new right with the modifications specified in paragraphs 7 to 12.

7 For section 7 of that Act (measure of compensation) there shall be substituted the following section--

" 7. In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act. "

8 In section 8 of that Act (protection for vendor against severance of house, garden, etc.), for subsection (1) there shall be substituted--

" (1) Subject to subsections (1A) to (1C), no person shall be required to grant any right over part only--

(a) of any house, building or manufactory, or

(b) of a park or garden belonging to a house,

if he is willing to sell the whole of the house, building, manufactory, park or garden.

(1A) The Lands Tribunal may determine that--

(a) in the case of a house, building or manufactory, the part over which the right is proposed to be acquired can be made subject to that right without material detriment to the house, building or manufactory, or

(b) in the case of a park or garden, the part over which the right is proposed to be acquired can be made subject to that right without seriously affecting the amenity or convenience of the house.

(1B) If the Lands Tribunal make such a determination, the Tribunal shall award compensation in respect of any loss due to the acquisition of the right, in addition to its value; and the owner shall be required to grant to the acquiring authority that right over the part of the house, building, manufactory, park or garden.

(1C) In considering for the purposes of subsection (1A)--

(a) the extent of any material detriment to a house, building or manufactory, or

(b) any extent to which the amenity or convenience of a house is affected,

the Lands Tribunal shall have regard not only to the right which is to be acquired over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase. "

9 (1) The provisions of that Act referred to in sub-paragraph (2) (being provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) shall be modified in accordance with sub-paragraph (3).

(2) The provisions are--

section 9(4) (refusal by owners to convey),
Schedule 1, paragraph 10(3) (owners under incapacity),
Schedule 2, paragraph 2(3) (absent and untraced owners), and
Schedule 4, paragraphs 2(3) and 7(2) (common land).

(3) The provisions shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

10 Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, the acquiring authority have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff's warrant in the event of obstruction) shall be modified correspondingly.

11 Section 20 of that Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

12 Section 22 of that Act (protection of acquiring authority's possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

New rights: compensation

13 The enactments in force in England and Wales with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a universal service provider's compulsory acquisition of a right by the creation of a new right as they apply to compensation on the compulsory purchase of land and interests in land.

Part III Procedure, compensation etc (Scotland)

Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

14 The [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to the compulsory purchase by a universal service provider of land or rights in Scotland as if he were a local authority within the meaning of that Act, and as if this Act had been in force immediately before the commencement of that Act.

New rights: application of 1947 Act and incorporated enactments

15 The [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and the enactments incorporated with this Act by virtue of paragraph 14 above and paragraph 1 of the Second Schedule to that Act, shall have effect with the modifications necessary to make them apply to a universal service provider's compulsory acquisition of a right in Scotland by the creation of a new right as they apply to the compulsory acquisition of land, so that, in appropriate contexts, references in those enactments and that Act to land are to be read as referring, or as including references, to--

(a) the right acquired or to be acquired, or

(b) land over which the right is or is to be exercisable,

according to the requirements of the particular context.

New rights: specific adaptations of 1947 Act

16 Without prejudice to the generality of paragraph 15 above, Part III of the First Schedule to the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (requirement of special parliamentary procedure, and other special provisions, in the case of acquisition of certain descriptions of land) shall apply in relation to a universal service provider's compulsory acquisition of a right in Scotland by the creation of a new right with the modifications specified in paragraphs 17 to 21 below.

17 In paragraph 9 of that Schedule (compulsory purchase affecting land of the National Trust for Scotland) for references to the compulsory purchase of land there shall be substituted references to the compulsory acquisition of rights over land.

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