PART IIIACQUISITION AND POSSESSION OF LAND

Supplementary

Extinction or suspension of private rights of way26

1

All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished—

a

as from the acquisition of the land by the Company, whether compulsorily or by agreement; or

b

on the entry on the land by the Company under section 11(1) of the 1965 Act;

whichever is sooner.

2

All private rights of way over land of which the Company takes temporary possession under this Order shall be suspended and unenforceable for as long as the Company remains in lawful possession of the land.

3

Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.

4

This article does not apply in relation to any right of way to which section 271 or 272 of the 1990 Act (extinguishment of rights of statutory undertakers etc.) or paragraph 2 of Schedule 9 to this Order applies.