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5. In the Acquisition of Land Act 1981(1)—
(a)in section 8 (statutory undertakers)(2)—
(i)in subsection (1) in paragraph (b) after “the Civil Aviation Authority” there shall be inserted “or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence)”; and
(ii)after subsection (1) there shall be inserted—
“(1ZA) The undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaking for the purposes of this Act except to the extent that it is the person’s undertaking as licence holder; and references in this Act to the person’s undertaking shall be construed accordingly.”; and
(b)in section 32 (power to extinguish certain public rights of way) in subsection (8)(3) for “section 41 or 42” there shall be substituted “sections 41, 42 or 42A”.
Section 8(1A) was inserted by S.I. 2001/1149, Schedule 1, paragraph 54(2)(b).
Section 32(8) was amended by the Civil Aviation Act 1982 (c. 16), section 109 and Schedule 15, paragraph 27.
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