PART 5POWERS OF ACQUISITION

Acquisition of subsoil or airspace only24.

(1)

The undertaker may acquire compulsorily so much of, or such rights in, the subsoil or airspace of the land referred to in paragraph (1) of article 18 (compulsory acquisition of land) and paragraph (1) of article 21 (compulsory acquisition of rights etc.) as may be required for any purpose for which that land or rights over land may be created or acquired under those provisions instead of acquiring the whole of the land.

(2)

Where the undertaker acquires any part of, or rights in, the subsoil of or airspace over land under paragraph (1), the undertaker is not to be required to acquire an interest in any other part of the land.

(3)

The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only—

(a)

Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

(b)

Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c)

section 153(4A) (reference of objection to Upper Tribunal: general) of the 1990 Act.

(4)

Paragraphs (2) and (3) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.