PART 5POWERS OF ACQUISITION AND POSSESSION

Statutory undertakers

article 36 + 36.—(1) Subject to the provisions of Schedule 8 (protective provisions), article 27 (compulsory acquisition of rights and imposition of restrictive covenants) and paragraph (2), the undertaker may—

article 36 1 a + (a)acquire compulsorily the land belonging to statutory undertakers within the Order land and described in the book of reference;

article 36 1 b + (b)acquire existing rights, create and acquire new rights and impose restrictive covenants over the land belonging to statutory undertakers within the Order land and described in the book of reference;

article 36 1 c + (c)extinguish or suspend the rights of, or remove, relocate or reposition apparatus belonging to, statutory undertakers over or within the Order land;

article 36 1 d + (d)construct the authorised development in such a way as to cross underneath or over apparatus belonging to statutory undertakers and other like bodies within the Order land; and

article 36 1 e + (e)construct over existing apparatus belonging to statutory undertakers any necessary track or roadway (whether temporary or permanent) together with the right to maintain or remove the same, and install such service media under or over the existing apparatus needed in connection with the authorised development.

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

article 36 2 a + (a)Part 3 (street works in England and Wales) of the 1991 Act; and

article 36 2 b + (b)article 37 (apparatus and rights of statutory undertakers in stopped-up streets) of this Order.