The power under section 4(1) in relation to land may be exercised in relation to the subsoil or under-surface of the land only.
The following do not apply in connection with the exercise of the power under section 4(1) in relation to subsoil or under-surface only—
Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat);
Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration);
section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test).
Subsection (2) is to be disregarded where the power under section 4(1) is exercised in relation to a cellar, vault, arch or other construction forming part of a house, building or manufactory.
Schedule 11 contains provision which in certain cases restricts the power under section 4(1)—
to the subsoil or under-surface of land, or
to the subsoil or under-surface of land and rights of passage.