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37.—(1) Subject to the provisions of Schedule 9 (protective provisions), article 28 (compulsory acquisition of rights and imposition of 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 of the 1991 Act; and
(b)article 38 (apparatus and rights of statutory undertakers in stopped up streets).
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