Article 29 Compulsory acquisition of rights and imposition of restrictive covenantsI1

Subject to the following paragraphs of this article, the undertaker may acquire such rights over the Order land, or impose 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 26 (compulsory acquisition of land) by creating them as well as acquiring rights already in existence.

In the case of the Order land specified in column (1) of F1Schedule 6 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition under article 26(1) are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants, as may be required for the purpose specified in relation to that land in column (2) of that Schedule.

The power under paragraph (1) to acquire the rights and to impose the restrictive covenants described in Schedule 6 for the benefit of statutory undertakers or for the benefit of any other person—

Subject to section 8^f1 (other provisions as to divided land) of, and Schedule 2A^f2 (counter-notice requiring purchase of land not in notice to treat) to, the 1965 Act, as substituted by paragraph 5(8) of Schedule 7 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants), where the undertaker acquires a right over land or the benefit of a restrictive covenant affecting land under paragraphs (1) or (3), the undertaker is not required to acquire a greater interest in that land.

Schedule 7 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.

This article is subject to articles 38(8) (temporary use of land for carrying out the authorised development) and 40 (crown rights).