(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 32(4) is  also modified so 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 or enforce the  restrictive covenant imposed, subject to compliance with that section as respects compensation.  (8) For Schedule 2A to the 1965 Act substitute—  “SCHEDULE 2A  COUNTER-NOTICE REQUIRING PURCHASE OF LAND NOT  IN NOTICE TO TREAT  Introduction  1.  This Schedule applies where an acquiring authority (“the authority”) serves a notice to  treat in respect of a right over, or restrictive covenant affecting, the whole or part of a  house, building or factory and have not executed a general vesting declaration under section  4 (execution of declaration) of the 1981 Act as applied by article 31 (application of the  1981 Act) of the Lake Lothing (Lowestoft) Third Crossing Order 2020 in respect of the  land to which the notice to treat relates.  2.  But see article 27(4) (acquisition of subsoil or airspace only) of the Lake Lothing  (Lowestoft) Third Crossing Order 2020 which excludes the acquisition of subsoil or  airspace only from the application of this Schedule.  3.  In this Schedule, “house” includes any park or garden belonging to a house.  3.  A person who is able to sell the house, building or factory (“the owner”) may serve a  counter-notice requiring the authority to purchase the owner’s interest in the house,  building or factory.  6.  The authority must serve notice of their decision on the owner within the period of 3  months beginning with the day on which the counter-notice is served (“the decision  period”).  7.  If the authority decide to refer the counter-notice to the Upper Tribunal they must do so  within the decision period.  8.  If the authority do not serve notice of a decision within the decision period they are to  be treated as if they had served notice of a decision to withdraw the notice to treat at the end  of that period.  9.  If the authority serve notice of a decision to accept the counter-notice, the compulsory  purchase order and the notice to treat are to have effect as if they included the owner’s  interest in the house, building or factory.  5.  On receiving a counter-notice, the authority must decide whether to—  4.  A counter-notice under paragraph 3 must be served within the period of 28 days  beginning with the day on which the notice to treat was served.  Counter-notice requiring purchase of land  Response to counter-notice  85 (a) withdraw the notice to treat,  (b) accept the counter-notice, or  (c) refer the counter-notice to the Upper Tribunal. 