Compulsory acquisition of rights22
1
The undertaker may acquire compulsorily the existing rights over land and create and acquire compulsorily the new rights (including new rights in relation to apparatus owned or operated by statutory undertakers and rights over land belonging to statutory undertakers within the Order land) described in the book of reference, set out in Schedule 10 (land in which rights etc., may be acquired) and shown on the land plans for the authorised development or to facilitate it or as incidental to it.
2
From the later of—
a
the date on which a compulsory acquisition notice is served; or
b
the date on which any new right is vested in the undertaker,
the land over which any new rights are acquired is discharged from all rights, trusts and incidents to which it was previously subject so far as their continuance would be inconsistent with the exercise of that new right.
3
Subject to section 8 of the 1965 Act, where the undertaker acquires an existing right over land under paragraph (1), the undertaker is not required to acquire a greater interest in that land.
4
Any person who suffers loss as a result of the extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
5
Schedule 11 (modification of compensation and compulsory purchase enactments for creation of new rights) 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.