Article 25 Compulsory acquisition of rightsI1

Subject to paragraph (2), the undertaker may acquire compulsorily such rights over the Order land as may be required for any purpose for which that land may be acquired under article 22 (compulsory acquisition of land) by creating them as well as by acquiring rights already in existence.

In the case of the Order land specified in an entry in column (1) of Schedule 5 (land in which only new rights, etc. may be acquired), the powers of compulsory acquisition conferred by this Order are limited to the acquisition by the undertaker referred to in the corresponding entry in column (2) of such new rights as may be required for the purpose specified in relation to that land in that entry and described in the book of reference.

From the relevant date (see article 22(4)), the land over which any new right is acquired is discharged from all rights, trusts and incidents to which it was previously subject, so far as their continuance would be inconsistent with the exercise of that new right.

Subject to section 8 of the 1965 Act^f1, where the undertaker acquires a right over the Order land under this article, the undertaker is not required to acquire a greater interest in that land.

After completion of any activities in exercise of the rights under this article, the land affected must be restored, so far as practicable, to its original condition.

Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights) has effect for the purpose of modifying the enactments referred to in that Schedule in their application in relation to the compulsory acquisition under this Order of a right over land by the creation of a new right.