Power to acquire new rightsE+W+S
6.—(1) The Executive may acquire compulsorily such easements or other rights over any land—
(a)referred to in article 3 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence; or
(b)within the Order limits specified in [F1columns (1) and (2)] of Part 2 (acquisition of rights only) of Schedule 1 (acquisition of land and rights) as may be required for the purposes specified in relation to that land in column (3) of that Part of that Schedule.
(2) Subject to Schedule 2A (counter-notice requiring purchase of land) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 2 (modification of compensation and compulsory purchasing enactments for creation of new rights) where the Executive acquires a right over land under paragraph (1) the Executive is not required to acquire a greater interest in the land.
(3) 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 undertaker, the Executive may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertaker in question.
(4) Schedule 2 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 Order of a right over land by the creation of a new right.
Textual Amendments
F1Words in art. 6(1)(b) substituted (15.12.2020) by The Midland Metro (Wednesbury to Brierley Hill Land Acquisition) (Amendment) Order 2020 (S.I. 2020/1548), arts. 1, 3(4)
Commencement Information