Paragraph 3

United Kingdom

(1)

All rights in, over or under land which may be compulsorily acquired under section 4 of this Act, including rights of laying down, erecting, continuing or maintaining any apparatus on, over or under land, shall be extinguished on the earlier of—

(a)

the acquisition of the land, or

(b)

the entry on the land in pursuance of section 11(1) of the M1Compulsory Purchase Act 1965, as applied by that section;

and any such apparatus shall vest in the Development Corporation.

(2)

Sub-paragraph (1) above shall not apply to—

(a)

any right vested in, or apparatus belonging to, statutory undertakers for the purposes of carrying on their statutory undertaking,

(b)

any right vested in, or apparatus belonging to, the F1Natural Resources Body for Wales, or

(c)

any right conferred by or in accordance with F2the electronic communications code on the operator of F3an electronic communications code network or any apparatus kept installed for the purposes of any F4such network.

F5...

(3)

Any person who suffers loss by the extinguishment of any right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the Development Corporation of an amount to be determined, in default of agreement, under and in accordance with the M2Land Compensation Act 1961.

Annotations

Textual amendments

F1: Words in Sch. 4 para. 3(2)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 359 (with Sch. 7)
F2: Words in Sch. 4 para. 3(2)(c) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 125(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F3: Words in Sch. 4 para. 3(2)(c) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 125(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F4: Words in Sch. 4 para. 3(2)(c) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 125(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F5: Words in Sch. 4 para. 3(2) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Marginal citations

M1: 1965 c. 56.
M2: 1961 c. 33.