Article 41 Statutory undertakersI1

England, Wales and Scotland As made

(1)

Subject to the provisions of Schedule 9 (protective provisions), article 29 (compulsory acquisition of rights and imposition of restrictive covenants) and paragraph (2), the undertaker may—

(a)

acquire compulsorily, acquire existing rights, create 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 (street works in England and Wales) of the 1991 Act; and

(b)

article 42 (apparatus and rights of statutory undertakers in stopped up streets) of this Order.

Annotations

Commencement

I1: Art. 41 in force at 25.2.2026, see art. 1