PART 5POWERS OF ACQUISITION

Compulsory acquisition of rights and imposition of restrictive covenants

24.—(1) Subject to sub-paragraphs (2) and (3), the undertaker may acquire compulsorily such rights over, or impose such restrictive covenants affecting the Order land, including rights and restrictive covenants for the benefit of a statutory undertaker or any other person, as may be required for any purpose for which that land may be acquired under article 22 (compulsory acquisition of land), by creating them as well as by acquiring rights and the benefit of restrictions already in existence.

(2) Subject to the provisions of this paragraph, article 25 (private rights over land), article 32 (temporary use of land for carrying out the authorised project) and article 34 (statutory undertakers), in the case of the Order land specified in column (1) of Schedule 7 (acquisition of new rights and imposition of restrictive covenants only) the undertaker’s powers of compulsory acquisition under article 22(1) are limited to the compulsory acquisition of such new rights and the imposition of restrictive covenants over land as may be required for the purpose specified in relation to that land in column (2) of that Schedule.

(3) Subject to section 8 (other provisions as to divided land) of and Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 8 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of restrictive covenants), where the undertaker acquires a right over land or the benefit of a restrictive covenant or acquires an existing right over land or the benefit of a restrictive covenant already in existence under paragraph (1) or under paragraph (2), the undertaker is not required to acquire a greater interest in that land.

(4) Schedule 8 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of restrictive covenants) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

(5) In any case where the acquisition of new rights or the imposition of a restrictive covenant under sub-paragraph (1) or (2) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights or impose such restrictions to the relevant statutory undertaker.

(6) The exercise by a statutory undertaker of any power in accordance with a transfer under sub-paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.

(7) Subject to the modifications set out in articles 52 (no double recovery), 53 (disregard of certain improvements, etc), 54(2) and (3) (set-off for enhancement in value of retained land), and Schedule 8, the enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply in the case of a compulsory acquisition under the Order in respect of a right by the creation of a new right or imposition of a restriction as they apply to the compulsory purchase of land and interests in land.