Version Superseded: 23/12/2016
Point in time view as at 01/04/2009.
Housing and Regeneration Act 2008, Cross Heading: Notice for extinguishment of rights of undertakers or for removal of their apparatus is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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 right of way on, under or over land, or
a right of laying down, erecting, continuing or maintaining apparatus on, under or over land,
“relevant period” means—
the period of 28 days beginning with the date of service of the notice, or
any longer period beginning with that date and specified in the notice.
Commencement Information
I1Sch. 4 para. 1 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
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