SCHEDULES

C2C1SCHEDULE 4Powers in relation to, and for, statutory undertakers

Annotations:
Modifications etc. (not altering text)
C2

Sch. 4 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(4)(5), 240(1)(l)

C1

Sch. 4 applied (with modifications) by 1999 c. 29, s. 333ZB(3)(4) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))

Part 1Extinguishment or removal powers for the HCA

Notice for extinguishment of rights of undertakers or for removal of their apparatus

I1C3C41

1

Sub-paragraph (2) applies if—

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—

    1. a

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

    2. b

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

  • “relevant period” means—

    1. a

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

    2. b

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