The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005

Powers to acquire new rights

28.—(1) The Executive may acquire compulsorily such easements or other rights over any land in the City referred to in paragraph (1)(a) or (b) of article 25 as may be required for any purpose for which that land may be acquired under that provision.

(2) The Executive may acquire compulsorily such easements or other rights over any land in the City specified in column (1) of Part 2 of Schedule 2 to this Order (being land shown on the land plans and described in the book of reference) as may be required for any of the purposes specified in relation to that land in column (2) of that Part.

(3) In paragraphs (1) and (2), the power compulsorily to acquire easements or other rights includes the power to do so by creating them as well as by acquiring easements or other rights already in existence.

(4) The power conferred by paragraph (1) shall, notwithstanding article 25(2), be exercisable with respect to the whole of the land shown numbered 596 on the land plans (and shall accordingly not be restricted to the stratum of that land mentioned in article 25(2)).

(5) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 4 to this Order), where a right over land is acquired under paragraph (1) or (2) the body acquiring the right shall not be required to acquire a greater interest in the land.

(6) In relation to land to which this paragraph applies, paragraph (1) or (2) (as the case may be) shall be treated as also authorising acquisition by a statutory utility in any case where the Secretary of State gives his consent in writing.

(7) Paragraph (6) applies to any of the land shown numbered 510, 513 to 529, 547, 548, 551 to 553, 559, 560, 577 and 579 on the land plans which is or will be required for use in altering or relocating apparatus which it is expedient to divert or replace in consequence of the carrying out of the authorised works; and in that paragraph “statutory utility” means a licence holder within the meaning of Part I of the Electricity Act 1989(1), a gas transporter within the meaning of Part I of the Gas Act 1986(2), a water undertaker within the meaning of the Water Industry Act 1991(3), a sewerage undertaker within Part I of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act.

(8) Schedule 4 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this Order of a right over land by the creation of a new right.

(1)

1989 c. 29.

(2)

1986 c. 44.

(3)

1991 c. 56.