OpenLegislation

Article 36 New rights only to be acquired in certain landsI1

England and Wales

(1)

This article applies to the land specified in Schedule 4 (acquisition of new rights only).

(2)

In the case of the land specified in columns (1) and (2) of Schedule 4 (acquisition of new rights only), the Agency’s power of compulsory acquisition under article 31 (power to acquire land) is limited to the acquisition of such easements or other new rights in the land as it may require for the purposes specified in relation to that land in column (3) of that Schedule.

(3)

Where the Agency acquires easements or other new rights specified in Schedule 4 (acquisition of new rights only), article 34 (power to acquire new rights) applies to the same extent as it applies to the acquisition of a new right under that article.

(4)

Nothing in this article precludes the Agency from exercising its powers under article 38 (temporary possession of land for construction purposes) in the case of land specified in Schedule 4 (acquisition of new rights only).

Annotations

Commencement

I1

Art. 36 in force at 2.1.2018, see art. 1