The Midland Metro (Wednesbury to Brierley Hill Land Acquisition) Order 2020

Article 12

SCHEDULE 4 E+W+S PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers, etc., on land acquired E+W+S

1.  Subject to the following provisions of this Schedule, sections 271 to 274 M1 (extinguishment of rights of statutory undertakers etc.) of the 1990 Act apply in relation to any land which has been acquired under this Order, or which is held by the Executive and is appropriated or used (or about to be used) by it for the purposes of the authorised works or for purposes connected with the authorised works; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282 M2 which provide for the payment of compensation) have effect accordingly. E+W+S

Commencement Information

I1 Sch. 4 para. 1 in force at 23.9.2020, see Order

Marginal Citations

M1 Sections 272 to 274 were amended by paragraph 103(1) and (2) of Schedule 17 to the Communications Act 2003 (c. 21).

M2 Section 279(3) was amended by paragraph 103(1) and (2), and section 280 was amended by paragraph 104, of Schedule 17 to the Communications Act 2003. Sections 280 and 282 were amended by S.I. 2009/1307.

2.  In the provisions of the 1990 Act, as applied by paragraph 1— E+W+S

(a) references to the appropriate Minister are references to the Secretary of State;

(b) references to the purpose of carrying out any development with a view to which land was acquired or appropriated are references to the purpose of carrying out authorised works; and

(c) references to land acquired or appropriated as mentioned in section 271(1) of the 1990 Act are references to land acquired, appropriated or used as mentioned in paragraph (1).

Commencement Information

I2 Sch. 4 para. 2 in force at 23.9.2020, see Order

3.  Where any apparatus of public utility undertakers or of an operator of an electronic communications code network is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by paragraph 1, any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the Executive 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. E+W+S

Commencement Information

I3 Sch. 4 para. 3 in force at 23.9.2020, see Order

4.  Paragraph 3 does not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is— E+W+S

(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,

is entitled to recover from the Executive compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

Commencement Information

I4 Sch. 4 para. 4 in force at 23.9.2020, see Order

5.  The provisions of the 1990 Act mentioned in paragraph 1, as applied by that paragraph, do not have effect in relation to apparatus as respects which Part 3 of the New Roads and Street Works Act 1991 M3 applies. E+W+S

Commencement Information

I5 Sch. 4 para. 5 in force at 23.9.2020, see Order

Marginal Citations

M3 1991 c. 22.

6.  In this Schedule— E+W+S

“electronic communications code” means the code set out in Schedule 3A to the Communications Act 2003 M4 ;

“electronic communications code network” means an electronic communications network within the meaning of the Communications Act 2003 to which the electronic communications code applies; and

“public utility undertakers” has the same meaning as in the Highways Act 1980 M5 .

Commencement Information

I6 Sch. 4 para. 6 in force at 23.9.2020, see Order

Marginal Citations

M4 2003 c. 21; Schedule 3A was inserted by section 4(2) of, and Schedule 1 to the Digital Economy Act 2017 (c. 30).

M5 1980 c. 66.