Article 23 Acquisition of subsoil onlyI1

England and Wales

(1)

The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph ‎(1) of article ‎18 (compulsory acquisition of land) or article ‎20 (compulsory acquisition of rights) as may be required for any purpose for which that land may be 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 land, 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 F1as modified by Schedule 10 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants);

(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 building.

Annotations

Textual amendments

F1: Words in art. 23(3)(a) substituted (28.11.2024) by The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch.

Commencement

I1: Art. 23 in force at 3.8.2024, see art. 1

Notes on the whole SI

Textual amendments

F1: Words in Preamble omitted (28.11.2024) by virtue of The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch.