OpenLegislation

Paragraph 42 No acquisition or extinguishment except by agreementI1

England, Wales and Scotland

(1)

Subject to sub-paragraph (2), regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not acquire any DCC apparatus or its accessories or override or extinguish any easement or other interest of DCC or acquire any land or other interest of DCC identified in the book of reference or create any new rights over the same otherwise than by agreement with DCC in accordance with the provisions of this Schedule.

(2)

Sub-paragraph (1) does not apply to the powers conferred on the undertaker by this Order to interfere temporarily with DCC’s rights to access DCC apparatus or accessories but subject always to each sub-paragraph of paragraphs 46 and 47 of this Part and to the undertaker giving DCC 28 days’ notice of such interference.

Annotations

Commencement

I1

Sch. 11 para. 42 in force at 10.10.2019, see art. 1

Notes on Schedule 11

Footnotes

f1

The protective provisions within this Schedule are draft protective provisions and are being discussed with the relevant statutory undertaker.