6(1)The erection, construction or carrying out, or maintenance, of any building or work on land [F1in Scotland] which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act, whether done by the corporation or authority or by any other person, is authorised by virtue of this paragraph if it is done in accordance with planning permission, notwithstanding that it involves interference with an interest or right to which this paragraph applies, or involves a breach of a restriction as to the user of land by virtue of a contract.E+W+S
F2(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Nothing in sub-paragraph (1) F3... above shall authorise interference with an right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking [F4of a right conferred by or in accordance with [F5the electronic communications code] on the operator of [F6an electronic communications code network]].
(3)This paragraph applies to the following interests and rights, that is to say, any easement, servitude, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.
(4)In respect of any interference or breach in pursuance of sub-paragraph (1) F7... above, compensation shall be payable under F8... section 61 of the M1Lands Clauses Consolidation (Scotland) Act 1845 and section 6 of the M2Railways Clauses Consolidation (Scotland) Act 1845), to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase by an urban development corporation or local highway authority or the injury arises from the execution of works on F9... land acquired by such a corporation or authority.
(5)Where a person other than the urban development corporation or local highway authority by or in whom the land in question was acquired or vested is liable to pay compensation by virtue of sub-paragraph (4) above, and fails to discharge that liability, the liability shall (subject to sub-paragraph (6) below) be enforceable against the corporation or authority.
(6)Nothing in sub-paragraph (5) above shall be construed as affecting any agreement between the corporation or authority and any other person for indemnifying the corporation or authority against any liability under that sub-paragraph.
(7)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable [F10at the instance] of any person on any grounds other than such an interference or breach as is mentioned in sub-paragraph (1) F11... above.
(8)Nothing in this paragraph shall be construed as authorising any act or omission on the part of an urban development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the corporation, authority or body.
Textual Amendments
F1Words in Sch. 28 para. 6(1) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(a); S.I. 2016/733, reg. 3(m)
F2Sch. 28 para. 6(1A) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(b); S.I. 2016/733, reg. 3(m)
F3Words in Sch. 28 para. 6(2) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(c); S.I. 2016/733, reg. 3(m)
F4Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 75(3)
F5Words in Sch. 28 para. 6 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F6Words in Sch. 28 para. 6 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F7Words in Sch. 28 para. 6(4) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(d)(i); S.I. 2016/733, reg. 3(m)
F8Words in Sch. 28 para. 6(4) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(d)(ii); S.I. 2016/733, reg. 3(m)
F9Words in Sch. 28 para. 6(4) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(d)(iii); S.I. 2016/733, reg. 3(m)
F10Words in Sch. 28 para. 6(7) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(e)(i); S.I. 2016/733, reg. 3(m)
F11Words in Sch. 28 para. 6(7) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(2)(e)(ii); S.I. 2016/733, reg. 3(m)
Marginal Citations
M11845 c. 19 (28:2).
M21845 c. 33 (102).