Article 31 Private rights of wayI1

England and Wales

(1)

Subject to the provisions of this article, all private rights of way over land subject to compulsory acquisition under this Order are extinguished on the earlier of—

(a)

the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b)

the date of entry on the land by the undertaker under section 11(1)^f1 (powers of entry) of the 1965 Act.

(2)

Subject to the provisions of this article, all private rights of way over land owned by the undertaker that are within the Order land are extinguished at the start of any activity authorised by this Order which interferes with or breaches those rights.

(3)

Subject to the provisions of this article, all private rights of way over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.

(4)

Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation in accordance with the terms of section 152^f2 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5)

This article does not apply in relation to any right to which section 138^f3 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 40 (statutory undertakers) applies.

(6)

Paragraphs (1) to (3) have effect subject to—

(a)

any notice given by the undertaker before—

(i)

the completion of the acquisition of the land or the acquisition of the rights over or the imposition of the restrictive covenant affecting the land;

(ii)

the undertaker’s appropriation of it;

(iii)

the undertaker’s entry onto it; or

(iv)

the undertaker’s taking temporary possession of it,

that any or all of those paragraphs do not apply to any right specified in the notice; and

(b)

any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs.

(7)

Where an agreement referred to in paragraph (6)(b)—

(a)

is made with a person in or to whom the right is vested or belongs; and

(b)

is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Annotations

Commencement

I1: Art. 31 in force at 12.10.2025, see art. 1

Footnotes

f1: Section 11(1) was amended by paragraph 14(3) of Schedule 4 to the Acquisition of Land Act 1981 (c. 67), paragraph 12(1) of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure (No. 1) and section 186(2)(a) of the Housing and Planning Act 2016 (c. 22).
f2: Section 152 was amended by S.I. 2009/1307.
f3: Section 138 was amended by section 23 of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2017/1285.