{
  "url": "https://openlegislation.uk/dean-moor-solar-farm-order-2026/article-24",
  "json_url": "https://openlegislation.uk/dean-moor-solar-farm-order-2026/article-24.json",
  "legislation": "uksi/2026/754",
  "legislation_title": "The Dean Moor Solar Farm Order 2026",
  "legislation_url": "https://openlegislation.uk/dean-moor-solar-farm-order-2026",
  "path": "article/24",
  "kind": "article",
  "number": "24",
  "heading": "Compulsory acquisition of rights and imposition of restrictive covenants",
  "text": "(1) Subject to paragraphs (2) to (3) and article 31 (temporary use of land for carrying out the authorised development), the undertaker may acquire such rights over the Order land, or impose restrictive covenants affecting the Order land, as may be required for any purpose for which that land may be acquired under article 21 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence.\n(2) In the case of the Order land specified in column (1) of Schedule 9 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such new rights in the land and the imposition of such restrictive covenants, as may be required for the purposes specified in relation to that land in column (2) of that Schedule.\n(3) Subject to section 8 (other provisions as to divided land) of the 1965 Act and Schedule 2A (counter-notice requiring purchase of land) to the 1965 Act, (as substituted by Schedule 10 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants)), where the undertaker acquires a right over land or the benefit of a restrictive covenant affecting land under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land.\n(4) Schedule 10 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.\n(5) In any case where the acquisition of new rights of imposition of a restriction under paragraphs (1) or (2) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertaker in question.\n(6) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/754/article/24",
    "retrieved_at": "2026-10-28T20:58:29.165014+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."
}