15.—(1) The undertakers may acquire compulsorily so much of the Order land as is required for the authorised project or to facilitate, or is incidental, to it.
(2) This article is subject to paragraph (2) of article 17 (compulsory acquisition of rights) and article 23 (temporary use of land for carrying out the authorised project).
16.—(1) After the end of the period of 5 years beginning on the day on which this Order is made—
(a)no notice to treat shall be served under Part 1 of the 1965 Act; and
(b)no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 19 (application of the Compulsory Purchase (Vesting Declarations) Act 1981)(1).
(2) The authority conferred by article 23 (temporary use of land for carrying out the authorised project) shall cease at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertakers remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.
17.—(1) The undertakers may acquire compulsorily such rights or impose restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 15 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence.
(2) Subject to the provisions of this article, article 18 (private rights) and article 25 (statutory undertakers), in the case of the Order land specified in column (1) of Schedule 6 (land in which only new rights etc. may be acquired) the undertakers’s powers of compulsory acquisition are limited to the acquisition of such new rights and the imposition of restrictive covenants for the purpose specified in relation to that land in column (2) of that Schedule.
(3) Subject to section 8 of the 1965 Act, as substituted by paragraph 5 of Schedule 7 (modification of compensation and compulsory purchase enactments for creation of new rights), where the undertakers acquires an existing right over land or restrictive covenant under paragraph (1), the undertakers shall not be required to acquire a greater interest in that land.
(4) Schedule 7 (modification of compensation and compulsory purchase enactments for creation of new rights) 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 article of a right over land by the creation of a new right or the imposition of restrictive covenants.
(5) In any case where the acquisition of new rights under paragraph (1) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertakers, the undertakers may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertakers in question.
(6) The exercise by a statutory undertakers of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertakers.
18.—(1) Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this Order shall be extinguished—
(a)as from the date of acquisition of the land by the undertakers, whether compulsorily or by agreement; or
(b)on the date of entry on the land by the undertakers under section 11(1) of the 1965 Act (power of entry),
whichever is the earliest.
(2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights under this article (and including those lands included in column (1) of Schedule 6 (land in which only new rights etc. may be acquired)) shall be extinguished in so far as their continuance would be inconsistent with the exercise of the right—
(a)as from the date of acquisition of the right by the undertakers, whether compulsorily or by agreement; or
(b)on the date of entry on the land by the undertakers under section 11(1) of the 1965 Act (power of entry),
whichever is the earlier.
(3) Subject to the provisions of this article, all private rights over land of which the undertakers takes temporary possession under this Order shall be suspended and unenforceable for as long as the undertakers remains in lawful possession of the land.
(4) Any person who suffers loss by the extinguishment or suspension of any private right under this article shall be entitled to compensation in accordance with the terms of section 152 of the 2008 Act to be determined, in case of dispute, under Part 1 of the 1961 Act.
(5) This article does not apply in relation to any right to which section 138 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 25 (statutory undertakers) applies.
(6) Paragraphs (1) to (3) shall have effect subject to—
(a)any notice given by the undertakers before—
(i)the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictive covenants over or affecting the land;
(ii)the undertakers’s entry onto it; or
(iii)the undertakers’s taking temporary possession of it,
that any or all of those paragraphs do not apply to any right specified in the notice; and
(b)any agreement made at any time between the undertakers and the person in or to whom the right of way in question is vested or belongs.
(7) If any such agreement as is referred to in paragraph (6)(b)—
(a)is made with a person in or to whom the right is vested or belongs; and
(b)is expressed to have effect also for the benefit of those deriving title from or under that person,
it shall be effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.
(8) Reference in this article to private rights over land includes reference to any trusts or incidents to which the land is subject.
19.—(1) The 1981 Act shall apply as if this Order were a compulsory purchase order.
(2) The 1981 Act, as so applied, shall have effect with the following modifications.
(3) In section 3 (preliminary notices), for subsection (1) there shall be substituted—
“(1) Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order, the acquiring authority shall include the particulars specified in subsection (3) in a notice which is—
(a)given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and
(b)published in a local newspaper circulating in the area in which the land is situated.”.
(4) In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)” and after “given” there shall be inserted “and published”.
(5) In that section, for subsections (5) and (6) there shall be substituted—
“(5) For the purposes of this section, a person has a relevant interest in land if—
(a)that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or
(b)that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.”.
(6) In section 5 (earliest date for execution of declaration)—
(a)in subsection (1), after “publication” there shall be inserted “in a local newspaper circulating in the area in which the land is situated”; and
(b)subsection (2) shall be omitted.
(7) In section 7 (constructive notice to treat), in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted.
(8) References to the 1965 Act in the 1981 Act shall be construed as references to that Act as applied by section 125 of the 2008 Act to the compulsory acquisition of land under this Order.
20.—(1) The undertakers may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of article 15 (compulsory acquisition of land) or article 17 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
(2) Where the undertakers acquires any part of, or rights in, the subsoil of land under paragraph (1), the undertakers shall not be required to acquire an interest in any other part of the land.
(3) Paragraph (2) shall not prevent article 21 (acquisition of part of certain properties) from applying where the undertakers acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.
21.—(1) This article shall apply instead of section 8(1) of the 1965 Act (other provisions as divided land) (as applied by section 125 of the 2008 Act) where—
(a)a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and
(b)a copy of this article is served on the owner with the notice to treat.
(2) In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertakers a counter-notice objecting to the sale of the land subject to the notice to treat which states that the owner is willing and able to sell the whole (“the land subject to the counter-notice”).
(3) If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
(4) If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the undertakers agrees to take the land subject to the counter-notice, be referred to the tribunal.
(5) If on such a reference the tribunal determines that the land subject to the notice to treat can be taken—
(a)without material detriment to the remainder of the land subject to the counter-notice; or
(b)where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
(6) If on such a reference the tribunal determines that only part of the land subject to the notice to treat can be taken—
(a)without material detriment to the remainder of the land subject to the counter-notice; or
(b)where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the notice to treat is deemed to be a notice to treat for that part.
(7) If on such a reference the tribunal determines that—
(a)the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but
(b)the material detriment is confined to a part of the land subject to the counter-notice, the notice to treat is deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertakers is authorised to acquire compulsorily under this Order.
(8) If the undertakers agrees to take the land subject to the counter-notice, or if the tribunal determines that—
(a)none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and
(b)the material detriment is not confined to a part of the land subject to the counter-notice, the notice to treat is deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertakers is authorised to acquire compulsorily under this Order.
(9) Where, by reason of a determination by the tribunal under this article, a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertakers may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, in that event, shall pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
(10) Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, the undertakers shall pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired.
22.—(1) The undertakers may enter on and appropriate so much of the subsoil of any street within the Order limits as may be required for the purposes of the authorised project and may use the subsoil for those purposes or any other purpose ancillary to the authorised project.
(2) Subject to paragraph (3), the undertakers may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.
(3) Paragraph (2) does not apply in relation to—
(a)any subway or underground building; or
(b)any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.
(4) Subject to paragraph (5), any person who is an owner or occupier of land appropriated under paragraph (1) without the undertakers acquiring any part of that person’s interest in the land, and who suffers loss as a result, shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(5) Compensation shall not be payable under paragraph (4) to any person who is an undertakers to whom section 85 of the 1991 Act (sharing cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section.
23.—(1) The undertakers may, in connection with the carrying out of the authorised project—
(a)enter on and take temporary possession of—
(i)the land specified in columns (1) and (2) of Schedule 8 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule relating to the part of the authorised project specified in column (4) of that Schedule; and
(ii)any other Order land in respect of which no notice of entry has been served under section 11 of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 of the 1981 Act;
(b)remove any buildings and vegetation from that land;
(c)construct temporary works (including the provision of means of access), haul roads, security fencing, bridges, structures and buildings on that land;
(d)use the land for the purposes of a working site with access to the working site in connection with the authorised project; and
(e)construct any works, or use the land, as specified in relation to that land in column 3 of Schedule 8 (land of which temporary possession may be taken), or any mitigation works.
(2) Not less than 14 days before entering on and taking temporary possession of land under this article the undertakers shall serve notice of the intended entry on the owners and occupiers of the land.
(3) The undertakers shall not remain in possession of any land under this article for longer than reasonably necessary and in any event shall not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the part of the authorised project specified in relation to that land in column (4) of Schedule 8 (land of which temporary possession may be taken), unless the undertakers has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.
(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertakers shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertakers shall not be required to replace a building removed under this article.
(5) The undertakers shall pay compensation to the owners and occupiers of land which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article.
(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.
(7) Nothing in this article shall affect any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under paragraph (5).
(8) The undertakers may not compulsorily acquire under this Order the land referred to in paragraph (1) except that the undertakers shall not be precluded from—
(a)acquiring new rights or imposing restrictive covenants over any part of that land under article 17 (compulsory acquisition of rights); or
(b)acquiring any part of the subsoil (or rights in the subsoil) of that land under article 20 (acquisition of subsoil only).
(9) Where the undertakers takes possession of land under this article, the undertakers shall not be required to acquire the land or any interest in it.
(10) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) shall apply to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).
24.—(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised project, the undertakers may—
(a)enter on and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised project; and
(b)construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
(2) Paragraph (1) shall not authorise the undertakers to take temporary possession of—
(a)any house or garden belonging to a house; or
(b)any building (other than a house) if it is for the time being occupied.
(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertakers shall serve notice of the intended entry on the owners and occupiers of the land.
(4) The undertakers may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised project for which possession of the land was taken.
(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertakers shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
(6) The undertakers shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.
(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.
(8) Nothing in this article shall affect any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the maintenance of the authorised project, other than loss or damage for which compensation is payable under paragraph (6).
(9) Where the undertakers takes possession of land under this article, the undertakers shall not be required to acquire the land or any interest in it.
(10) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) shall apply to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).
(11) In this article “the maintenance period”, in relation to any part of the authorised project, means the period of 5 years beginning with the date on which the authorised project first exports electricity to the national electricity transmission network.
25. Schedule 9 (Protective provisions) shall have effect.
26. Subject to the provisions of Schedule 9 (Protective provisions) the undertakers may—
(a)acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans within the limits to the land to be acquired and described in the book of reference; and
(b)extinguish the rights of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.
27.—(1) Where any apparatus of a public utility undertakers or of a public communications provider is removed under article 25 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the undertakers compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.
(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 25, any person who is—
(a)the owner or occupier of premises the drains of which communicated with that sewer; or
(b)the owner of a private sewer which communicated with that sewer,
shall be entitled to recover from the undertakers compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.
(3) This article shall not have effect in relation to apparatus to which Part 3 of the 1991 Act applies.
(4) In this paragraph—
“public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003; and
“public utility undertakers” has the same meaning as in the 1980 Act.
1981 c.66. Sections 2, 6 and 11 were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11). There are other amendments to the 1981 Act which are not relevant to this Order.