Heathrow Express Railway Act 1991

21 Purchase of subsoil or new rights only

(1) In this Part references to the purchase by the appropriate authority of new rights are references to the purchase of rights to be created in favour of the appropriate authority.

(2) Subject to the provisions of this Act, the appropriate authority may, for the purpose of constructing, maintaining, protecting, altering, renewing and using the Company’s works or the Board’s works (as the case may be), or for the purpose of obtaining access to the works or for the purpose of doing any other thing necessary in connection with the works, purchase compulsorily and use so much of the subsoil and undersurface of, or may purchase such new rights as they require in, under or over, any of the land delineated on the deposited plans and described in the deposited book of reference, other than the land referred to in Schedule 2 to this Act, without in either case being obliged or compellable to purchase any greater interest in, under or over the same respectively and may give notice to treat in respect of such purchase or using.

(3) (a) If, in any case where the appropriate authority purchase compulsorily and use the subsoil and under-surface of, or purchase a new right in, under or over, any land under subsection (2) above they also require to take, use and pull down or open any cellar, basement, vault, arch or other construction forming part of any such land, they may enter upon, take and use such cellar, basement, vault, arch or other construction for the purposes of the Company’s works or the Board’s works (as the case may be), and (subject to the provisions of this Act) the provisions of the Act of 1965, as applied by this Act, shall extend and apply in relation to the purchase thereof as if such cellar, basement, vault, arch or other construction were lands within the meaning of those provisions.

(b) Section 29 (Purchase of part of certain properties) of this Act shall apply in respect of the purchase by the appropriate authority under this subsection of any cellar, basement, vault, arch or other construction as if the same were a part of land to which that section applies.

(4) Nothing in this section shall prejudice or affect the provisions of subsection (3) of section 20 (Purchase of land) of this Act.