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The Hirwaun Generating Station Order 2015
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- art. 36(1A) inserted by S.I. 2016/1087 art. 4(3)
Compulsory acquisition of rights etc.E+W+S
20.—(1) The undertaker may acquire compulsorily the existing rights over land and create and acquire compulsorily the new rights described in the book of reference and shown on the land plans for the authorised development or to facilitate it or as incidental to it.
(2) Subject to section 8 of the 1965 Act, as substituted by paragraph 5 of Schedule 5 (modification of compensation and compulsory purchase enactments for creating new rights), where the undertaker acquires a right over land under paragraph (1), the undertaker is not to be required to acquire a greater interest in that land.
(3) Schedule 5 has 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.
(4) In any case where the acquisition of new rights under paragraph (1) is required for the purposes of diverting, replacing or protecting the apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertaker in question.
(5) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (4) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.
(6) Nothing in this article authorises the acquisition of rights or other interests in land owned by the Crown.
Commencement Information
I1Art. 20 in force at 14.8.2015, see art. 1
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