PART 5POWERS OF ACQUISITION

Compulsory acquisition of land

article 22 + 22.—(1) The undertaker may acquire compulsorily so much of the Order land as is required for the authorised project or to facilitate, or is incidental, to it.

(2) This article is subject to —

article 22 2 a + (a)article 23 (time limit for exercise of authority to acquire land compulsorily or to take land temporarily);

article 22 2 b + (b)sub-paragraph (2) of article 24 (compulsory acquisition of rights and imposition of restrictive covenants);

article 22 2 c + (c)article 29 (acquisition of subsoil or airspace only);

article 22 2 d + (d)article 30 (rights under or over streets);

article 22 2 e + (e)article 31 (temporary use of land for carrying out the authorised project);

article 22 2 f + (f)article 48 (Crown rights);and

article 22 2 g + (g)article 50 (protective provisions).

(3) The power to compulsorily acquire land conferred under paragraph (1) does not apply to the Order land shown numbered 34/29 and 34/30 on the land plans onshore.

Time limit for exercise of authority to acquire land compulsorily or to take land temporarily

article 23 + 23.—(1) After the end of the period of seven years beginning on the day on which this Order is made—

article 23 1 a + (a)no notice to treat is to be served under Part 1 of the 1965 Act (Compulsory Purchase under Acquisition of Land Act 1946); and

article 23 1 b + (b)no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 27 (Application of the 1981 Act),

in relation to any part of the Order Land.

(2) The authority conferred by article 31 (temporary use of land for carrying out the authorised project) ceases at the end of the period referred to in sub-paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Compulsory acquisition of rights and imposition of restrictive covenants

article 24 + 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.

Private rights over land

article 25 + 25.—(1) Subject to the provisions of this article, all private rights and restrictive covenants over land subject to compulsory acquisition under this Order are extinguished—

article 25 1 a + (a)as from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

article 25 1 b + (b)on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act (power of entry),

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights or restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive covenant—

article 25 2 a + (a)as from the date of the acquisition of the right or the imposition of the restrictive covenant by the undertaker (whether the right is acquired or the restrictive covenant is imposed compulsorily, by agreement or through the grant of lease of the land by agreement); or

article 25 2 b + (b)on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act in pursuance of the right or enforcement of the restrictive covenant,

whichever is the earlier.

(3) Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable insofar as their continuance would be inconsistent with the purpose for which temporary possession is taken, for as long as the undertaker remains in lawful possession of the land.

(4) Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenants under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 of the 1961 Act (determination of questions of disputed compensation).

(5) This article does not apply in relation to any right to which section 138 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 34 (statutory undertakers) applies.

(6) Sub-paragraphs (1) to (3) have effect subject to—

article 25 6 a + (a)any notice given by the undertaker before—

article 25 6 a i + (i)the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictive covenants over or affecting the land;

article 25 6 a ii + (ii)the undertaker’s appropriation of the land,

article 25 6 a iii + (iii)the undertaker’s entry onto the land, or

article 25 6 a iv + (iv)the undertaker’s taking temporary possession of the land,

that any or all of those paragraphs do not apply to any right specified in the notice; or

article 25 b + (b)any agreement made at any time between the undertaker and the person in or to whom the right or restrictive covenant in question is vested or belongs.

(7) If such an agreement as is referred to in sub-paragraph (6)(b)—

article 25 7 a + (a)is made with a person in or to whom the right or restrictive covenant is vested or belongs; and

article 25 7 b + (b)is expressed to have effect also for the benefit of those deriving title from or under that person,

the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(8) Reference in this article to private rights over land includes reference to any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Power to override easements and other rights

article 26 + 26.—(1) Any authorised activity which takes place within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) and the doing of anything else authorised by this Order is authorised for the purpose specified in section 158(2) (nuisance: statutory authority) of the 2008 Act, notwithstanding that it involves—

article 26 1 a + (a)an interference with an interest or right to which this article applies; or

article 26 1 b + (b)a breach of a restriction as to the use of land arising by virtue of contract.

term authorised activity + (2) In this article “authorised activity” means—

article 26 2 a + (a)the erection, construction or maintenance of any part of the authorised development;

article 26 2 b + (b)the exercise of any power authorised by this Order; or

article 26 2 c + (c)the use of any land (including the temporary use of land).

(3) The interests and rights to which this article applies include any easement, liberty, privilege, right, including any right of navigation, or advantage annexed to land and adversely affecting other land, including any natural right to support and any restrictions as to the use of land arising by virtue of a contract.

(4) Subject to article 52 (no double recovery), where any interest, right or restriction to which this article applies is overridden by paragraph (1), unless otherwise agreed, compensation—

article 26 4 a + (a)is payable under section 7 (measure of compensation in case of severance) or 10 (further provision as to compensation for injurious affection) of the 1965 Act; and

article 26 4 b + (b)is to be assessed in the same way and subject to the same rules as in the case of other compensation under those sections where—

article 26 4 b i + (i)the compensation is to be estimated in connection with a purchase under that Act; or

article 26 4 b ii + (ii)the injury arises from the execution of works on or use of land acquired under that Act.

(5) Where a person deriving title under the undertaker by whom the land in question was acquired—

article 26 5 a + (a)is liable to pay compensation by virtue of sub-paragraph (4); and

article 26 5 b + (b)fails to discharge that liability,

the liability is enforceable against the undertaker.

(6) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in sub-paragraph (1).

(7) Subsection (2) of section 10 of the 1965 Act applies to sub-paragraph (4) by virtue of section 152(5) (compensation in case where no right to claim in nuisance) of the 2008 Act.

(8) Any rule or principle applied to the construction of section 10 of the 1965 Act applies to the construction of sub-paragraph (4) with any necessary modifications.

Application of the 1981 Act

article 27 + 27.—(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by sub-paragraph (1), has effect with the following modifications.

(3) In section 1 (application of act), for subsection 2, substitute—

“(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.”

(4) In section 5(2) (earliest date for execution of declaration) omit the words from “, and this subsection” to the end.

(5) Section 5A(1) (time limit for general vesting declaration) is omitted.

(6) In section 5B(1)(2) (extension of time limit during challenge)—

article 27 6 a + (a)for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order) substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008”; and

article 27 6 b + (b)for “the three year period mentioned in section 5A” substitute “the seven year period mentioned in article 23 (time limit for exercise of authority to acquire land compulsorily or to take land temporarily) of the Rampion 2 Wind Farm Order 2025”.

(7) In section 6 (notices after execution of declaration), in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

(8) In section 7 (constructive notice to treat), in subsection (1)(a), omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9) In section 11 (recovery of compensation overpaid), for subsection (1) substitute —

“(1) This section applies where after the execution of a general vesting declaration a person (“the claimant”) claims compensation in respect of the acquisition of an interest in land by virtue of the declaration, and the acquiring authority pay compensation in respect of that interest.”

(10) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute —

“(2) But see article 28(3) (acquisition of subsoil or airspace only) of the Rampion 2 Wind Farm Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule.”

(11) References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 28 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of land under this Order.

Modification of Part 1 of the 1965 Act

article 28 + 28.—(1) Part 1 of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2) In section 4A(1) (3) (extension of time limit during challenge)—

article 28 2 a + (a)for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act, the seven year period mentioned in article 23 (time limit for exercise of authority to acquire land compulsorily or take land temporarily) of the Rampion 2 Offshore Wind Farm Order 2025”.

(3) In section 11A(4) (powers of entry: further notice of entry)—

article 28 3 a + (a)in subsection (1)(a), after “land” insert “under that provision”; and

article 28 3 b + (b)in subsection (2), after “land” insert “under that provision”.

(4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 23 (time limit for exercise of authority to acquire land compulsorily or take land temporarily) of the Rampion 2 Offshore Wind Farm Order 2025”.

(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—

article 28 5 a + (a)for paragraphs 1(2) and 14(2) substitute—

“(2) But see article 31(3) (acquisition of subsoil or airspace only) of the Rampion 2 Offshore Wind Farm Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule”; and

article 28 5 b + (b)after paragraph 29 insert—

“PART 4INTERPRETATION

30.  In this Schedule, references to entering on and taking possession of land do not include doing so under article 18 (protective work to buildings), article 31 (temporary use of land for carrying out the authorised development) or article 32 (temporary use of land for maintaining the authorised development) of the Rampion 2 Offshore Wind Farm Order 2025.”

Acquisition of subsoil or airspace only

article 29 + 29.—(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil or the airspace over of the land referred to in article 22(1) (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land under sub-paragraph (1), the undertaker is not 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 sub-paragraph (1) in relation to subsoil or airspace only—

article 29 3 a + (a)Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act as modified by article 28 (modification of Part 1 of the 1965 Act);

article 29 3 b + (b)Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

article 29 3 c + (c)Section 153(4A) (reference of objection to Upper Tribunal: general) of the Town and Country Planning Act 1990.

(4) Sub-paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or factory.

Rights under or over streets

article 30 + 30.—(1) The undertaker may enter on and appropriate so much of the subsoil of or air-space over any street within the Order limits as may be required for the purposes of the authorised project and may use the subsoil or air-space for those purposes or any other purpose ancillary to the authorised project.

(2) Subject to sub-paragraph (3), the undertaker may exercise any power conferred by sub-paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Sub-paragraph (2) does not apply in relation to—

article 30 3 a + (a)any subway or underground building; or

article 30 3 b + (b)any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to sub-paragraph (5), any person who is an owner or occupier of land appropriated under sub-paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) Compensation is not payable under sub-paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 Act (sharing of cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for carrying out the authorised project

article 31 + 31.—(1) The undertaker may, in connection with the carrying out of the authorised project (but subject to article 23 (time limit for the exercise of authority to acquire land compulsorily or to take land temporarily)—

article 31 1 a + (a)enter on and take temporary possession of—

article 31 1 a i + (i)the land specified in columns (1) and (2) of Schedule 9 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule; and

article 31 1 a ii + (ii)any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights or the imposition of covenants) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

article 31 1 b + (b)remove any buildings, agricultural plant and apparatus, drain, structure, apparatus, fences, debris and vegetation from that land;

article 31 1 c + (c)construct temporary works (including the provision of means of access), haul roads, security fencing, bridges, structures and buildings on that land;

article 31 1 d + (d)use the land for the purposes of a working site or construction compound (including for the purposes of duct and cable preparation and stringing out) with and for the passage of persons of vehicles (with or without materials, plant and machinery) in connection with the use of the working site or construction compound in connection with the authorised project;

article 31 1 e + (e)construct any new road surface or other improvements to any street specified in Schedule 2 (streets subject to street works);

article 31 1 f + (f)construct any ground strengthening works to facilitate construction of the authorised development;

article 31 1 g + (g)construct any works on that land as are mentioned in Part 1 of Schedule 1 (authorised development) and Part 2 of Schedule 1 (ancillary works) on that land; and

article 31 1 h + (h)carry out mitigation works required pursuant to the requirements in Part 3 of Schedule 1 (requirements) or any other mitigation works on that land.

(2) The power conferred under sub-paragraph (1)(a)(ii) does not apply to the Order land shown numbered 34/29 and 34/30 on the land plans onshore.

(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(4) The undertaker is not required to serve notice under sub-paragraph (2) in the case of emergency where the undertaker has identified a potential risk to the safety of any of—

article 31 4 a + (a)the authorised development or any of its parts;

article 31 4 b + (b)the public; or

article 31 4 c + (c)the surrounding environment,

and in such circumstances, the undertaker may enter the land under sub-paragraph (1) subject to giving such period of notice as is reasonably practical in the circumstances.

(5) The undertaker must not, without the agreement of the owners of the land, remain in possession of any land under this article—

article 31 5 a + (a)in the case of land specified in sub-paragraph (1)(a)(i) after the end of the period of one year beginning with the date of completion of the part of the authorised project specified in relation to that land in column (4) of Schedule 9 (land of which temporary possession may be taken); or

article 31 5 b + (b)in the case of land specified in sub-paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of completion of the part of the authorised project for which temporary possession of the land was taken,

unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

(6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

article 31 6 a + (a)replace any buildings, agricultural plant and apparatus, drain, structure, apparatus, fences, debris and vegetation removed under this article;

article 31 6 b + (b)restore the land on which any permanent works have been constructed under sub-paragraph (1)(f) or (1)(g);

article 31 6 c + (c)remove statutory undertakers’ apparatus or connections to such apparatus or any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised project; or

article 31 6 d + (d)restore the land on which any works have been carried out under sub-paragraph (1)(h).

(7) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(8) Any dispute as to a person’s entitlement to compensation under sub-paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(9) Any dispute as to the satisfactory removal of temporary works and restoration of land under sub-paragraph (5) does not prevent the undertaker from giving up possession of the land.

(10) Subject to article 52 (no double recovery) nothing in this article affects any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under sub-paragraph (6).

(11) The undertaker may not compulsorily acquire under this Order the land referred to in sub-paragraph (1)(a)(i).

(12) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(13) Section 13(5) (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(14) Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in sub-paragraph (1).

Temporary use of land for maintaining the authorised project

article 32 + 32.—(1) Subject to sub-paragraph (2), at any time during the maintenance period relating to any part of the authorised project, the undertaker may—

article 32 1 a + (a)enter on and take temporary possession of any land within the Order land if such possession is reasonably required for the purpose of maintaining the authorised project; and

article 32 1 b + (b)construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Sub-paragraph (1) does not authorise the undertaker to take temporary possession of—

article 32 2 a + (a)any house or garden belonging to a house; or

article 32 2 b + (b)any building (other than a house) if it is for the time being occupied.

(3) Unless sub-paragraph (4) applies, the undertaker must serve notice of the intended entry on the owners and occupiers of the land not less than 28 days before entering on and taking temporary possession of land under this article.

(4) The undertaker is not required to serve notice under sub-paragraph (3) in the case of emergency where the undertaker has identified a potential risk to the safety of any of—

article 32 4 a + (a)the authorised development or any of its parts;

article 32 4 b + (b)the public; or

article 32 4 c + (c)the surrounding environment,

and in such circumstances, the undertaker may enter the land under sub-paragraph (1) subject to giving such notice as is reasonably practical in the circumstances.

(5) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised project for which possession of the land was taken.

(6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(7) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(8) Any dispute as to a person’s entitlement to compensation under sub-paragraph (6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(9) Subject to article 52 (no double recovery) nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from execution of any works, other than loss or damage for which compensation is payable under sub-paragraph (7).

(10) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(11) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

term the maintenance period + (12) In this article “the maintenance period”, in relation to any part of the authorised project, means—

article 32 12 a + (a)where the authorised development consists of the maintenance of any tree or shrub a period of 10 years beginning with the date on which that tree or shrub is first planted;

article 32 12 b + (b)in relation to any other part of the authorised project the period of five years beginning with the date on which the authorised project is brought into commercial operation; and

article 32 12 c + (c)any period falling between the date at which temporary possession is no longer permitted under article 31 (temporary use of land for carrying out the authorised project) and the date on which the authorised project is brought in to commercial operation.

Compulsory acquisition of land – incorporation of the mineral code

article 33 + 33.  Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 (minerals) are incorporated in this Order subject to the modifications that—

article 33 a + (a)for “the acquiring authority” substitute “the undertaker”;

article 33 b + (b)for “undertaking” substitute “authorised project”; and

article 33 c + (c)for “compulsory purchase order” substitute “this Order”.

Statutory undertakers

article 34 + 34.  Subject to the provisions of article 24 (compulsory acquisition of rights and imposition of restrictive covenants), article 50 (protective provisions) and Schedule 10 (protective provisions) the undertaker may—

article 34 a + (a)acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans onshore within the Order land; and

article 34 b + (b)extinguish the rights of, or restrictions for the benefit of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.

Apparatus and rights of statutory undertakers in closed streets

article 35 + 35.—(1) Where a street is closed, altered, diverted or restricted under article 11 (temporary closure of streets), any statutory utility whose apparatus is under, in, on over, along or across the street may, and if reasonably requested to do so by the undertaker must—

article 35 1 a + (a)remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

article 35 1 b + (b)provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(2) Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

article 35 2 a + (a)the execution of the relocation works required in consequence of the closure of the street; and

article 35 2 b + (b)the doing of any other work or thing rendered necessary by the execution of the relocation works.

(3) If in the course of the execution of relocation works under sub-paragraph (1)—

article 35 3 a + (a)apparatus of a better type, or greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

article 35 3 b + (b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart from this paragraph, would be payable to the statutory utility by virtue of sub-paragraph (3) is to be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

article 35 4 a + (a)an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

article 35 4 b + (b)where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(5) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of sub-paragraph (2) (and having regard, where relevant, to sub paragraph (3)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than seven years and six months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

(6) In this article—

term relocation works + “relocation works” means work executed, or apparatus provided, under sub-paragraph (2); and

term statutory utility + “statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) (interpretation) of Chapter 1 of the 2003 Act (6).

Recovery of costs of new connections

article 36 + 36.—(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 34 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Sub-paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 34, any person who is—

article 36 2 a + (a)the owner or occupier of premises the drains of which communicated with that sewer; or

article 36 2 b + (b)the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewage disposal plant.

(3) This article does not have effect in relation to apparatus to which article 35 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 (street works in England and Wales) of the 1991 Act applies.

(4) In this paragraph—

article 36 4 a + (a)term public communications provider + “public communications provider” has the same meaning as in section 151(1) of the 2003 Act 2003(7); and

article 36 4 b + (b)term public utility undertaker + “public utility undertaker” means a gas, water, electricity or sewerage undertaker.

Special Category Land

article 37 + 37.—(1) On the exercise by the undertaker of the relevant Order powers to acquire rights or impose restrictive covenants over the special category land so much of the special category land as is required for the purposes of the exercise by the undertaker of those rights or enforcement of those restrictive covenants is discharged from all rights, trusts and incidents to which it was previously subject so far as their continuance would be inconsistent with the exercise of the relevant Order powers.

(2) In this article—

article 37 2 a + (a)term the relevant order powers + “the relevant Order powers” means powers exercisable over the special category land by the undertaker under article 24 (compulsory acquisition of rights and imposition of restrictive covenants); and

article 37 2 b + (b)term the special category land + “the special category land” means the land identified as forming part of a common, open space, or fuel or field allotment in the book of reference and on the special category land plans.