PART IIIACQUISITION AND POSSESSION OF LAND

Supplementary

Use of subsoil25

1

The undertaker may enter upon, take and use so much of the subsoil of any street within the limits of deviation or within the land the subject of article 15(1)(b) as may be required for the purpose of the construction or maintenance of the authorised works without being required to acquire that subsoil or any right therein.

2

The undertaker shall not be required to pay any compensation for the exercise of the powers conferred by paragraph (1) above where the street is a highway; but where the street is not a highway any person suffering loss by the exercise of that power shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 196117.

3

Paragraphs (1) and (2) above shall not apply in relation to—

a

any subway or underground building; or

b

any cellar, vault, arch or other construction in or on a street which forms part of a building fronting onto, or abutting or lying under, the street.