PART 5POWERS OF ACQUISITION AND POSSESSION OF LAND

Statutory undertakers35

1

Subject to the provisions of Schedule 12 (protective provisions), article 27 (compulsory acquisition of rights and restrictive covenants) and paragraph (2), the undertaker may—

a

acquire compulsorily, or acquire new rights or impose restrictive covenants over any Order land belonging to statutory undertakers; and

b

extinguish the rights of, and remove or reposition apparatus belonging to, statutory undertakers over or within the Order land.

2

Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—

a

Part 3 (street works in England and Wales) of the 1991 Act; and

b

article 36 (apparatus and rights of statutory undertakers in stopped up streets) of this Order.