Housing and Regeneration Act 2008

Notice for extinguishment of rights of undertakers or for removal of their apparatus E+W

1 (1) Sub-paragraph (2) applies if— E+W

(a) a protected right subsists over land of the HCA and is vested in, or belongs to, statutory undertakers for the purpose of carrying on their undertaking, or

(b) apparatus vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking is on, under or over land of the HCA.

(2) The HCA may serve a notice on the statutory undertakers.

(3) The notice may, in the case of a protected right, state that, at the end of the relevant period, the right will be extinguished.

(4) The notice may, in the case of apparatus, require that, before the end of the relevant period, the apparatus must be removed.

(5) In this paragraph—

• “protected right” means—

  (a)

  a right of way on, under or over land, or

  (b)

  a right of laying down, erecting, continuing or maintaining apparatus on, under or over land,

• “relevant period” means—

  (a)

  the period of 28 days beginning with the date of service of the notice, or

  (b)

  any longer period beginning with that date and specified in the notice.

Commencement Information

I1 Sch. 4 para. 1 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)