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Article 31 Acquisition of subsoil or airspace onlyI1

England and Wales As made

(1)

The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in article 28(1) (compulsory acquisition of land) F1and paragraphs (1) and (2) of article 30 (compulsory acquisition of rights) as may be required for any purpose F2for which that land or rights over land may be created or acquired under that provision instead of acquiring the whole of the land.

(2)

Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

(3)

The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only—

(a)

Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

(b)

Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c)

section 153 (4A) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.

(4)

Paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch, or other construction forming part of a house, building or manufactory.

Annotations

Textual amendments

F1

Words in art. 31(1) inserted (8.6.2026) by The Cory Decarbonisation Project (Correction) Order 2026 (S.I. 2026/606), art. 1, Sch.

F2

Words in art. 31(1) substituted (8.6.2026) by The Cory Decarbonisation Project (Correction) Order 2026 (S.I. 2026/606), art. 1, Sch.

Commencement

I1

Art. 31 in force at 27.11.2025, see art. 1