Article 36 Statutory undertakersI1

England, Wales and Scotland

(1)

Subject to the provisions of article 27 (compulsory acquisition of rights and imposition of restrictive covenants), Schedule 9 (protective provisions) and paragraph (2), the undertaker may—

(a)

acquire compulsorily, or acquire new rights or impose restrictive covenants over, any Order land belonging to statutory undertakers; and

(b)

extinguish the rights of, or remove or reposition the 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 37 (apparatus and rights of statutory undertakers in stopped up streets).

Annotations

Commencement

I1: Art. 36 in force at 4.11.2022, see art. 1