{
  "url": "https://openlegislation.uk/a63-castle-street-improvement-hull-development-consent-order-2020/article-31",
  "json_url": "https://openlegislation.uk/a63-castle-street-improvement-hull-development-consent-order-2020/article-31.json",
  "legislation": "uksi/2020/556",
  "legislation_title": "The A63 (Castle Street Improvement, Hull) Development Consent Order 2020",
  "legislation_url": "https://openlegislation.uk/a63-castle-street-improvement-hull-development-consent-order-2020",
  "path": "article/31",
  "kind": "article",
  "number": "31",
  "heading": "Statutory undertakers",
  "text": "(1) Subject to the provisions of Schedule 8 (protective provisions), article 23 (compulsory acquisition of rights and restrictive covenants) and paragraph (2), the undertaker may—\n(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over any Order land belonging to statutory undertakers; and\n(b) extinguish the rights of, or remove or reposition the apparatus belonging to, statutory undertakers over or within the Order land.\n(2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—\n(a) Part 3 (street works in England and Wales) of the 1991 Act; and\n(b) article 32 of this Order (apparatus and rights of statutory undertakers in stopped up streets).\n(3) Subject to paragraph (4), neither the undertaker nor any statutory undertaker may—\n(a) carry out any part of the authorised development on; or\n(b) for the purposes of carrying out, maintaining and operating any part of the authorised development enter upon, use or acquire any interest in,\nthe land to which this paragraph (3) applies pursuant to any Act or enactment, or any instrument or subordinate legislation made under any Act or enactment, other than this Order.\n(4) Nothing in paragraph (3) applies to a statutory undertaker—\n(a) carrying out any activity in relation to its apparatus existing on the date of this Order on the land to which paragraph (3) applies in the ordinary course of its statutory duties and which is necessary absent the proposals for the authorised development; or\n(b) after the authorised development on the land to which paragraph (3) applies has been completed and opened for use for the purposes for which it was designed and any interest in the land required for the retention of that part of the authorised development has been acquired in accordance with that paragraph.\n(5) The land to which paragraph (3)(b) applies comprises plots 3/1bd, 3/1bh, 3/1bi, 3/1bp, 3/1ca, 3/1cd, 3/1ce, 3/1cf, 3/1cg, 3/1ch, 3/1be, 3/1bf, 3/1bg, 3/1c, 3/1cb, 5/2a, 5/2i, 5/2f, 5/2g and 5/2j as set out in the book of reference and on the land plans.\n(6) The land to which paragraph (3)(a) applies comprises the land to which paragraph (3)(b) applies and plots 3/1bv, 3/1by, 3/1cc and 3/2g as set out in the book of reference and on the land plans.\n(7) In paragraphs (3) and (4) “statutory undertaker” includes the persons listed in article 8(4) (consent to transfer benefit of Order) and any utility undertaker or operator (which have the meanings given in Schedule 8 (protective provisions)).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 31 in force at 18.6.2020, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2020/556/article/31",
    "retrieved_at": "2026-10-28T22:29:54.393460+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}