{
  "url": "https://openlegislation.uk/gatwick-airport-northern-runway-project-development-consent-order-2025/schedule-9/paragraph-38",
  "json_url": "https://openlegislation.uk/gatwick-airport-northern-runway-project-development-consent-order-2025/schedule-9/paragraph-38.json",
  "legislation": "uksi/2025/1054",
  "legislation_title": "The Gatwick Airport (Northern Runway Project) Development Consent Order 2025",
  "legislation_url": "https://openlegislation.uk/gatwick-airport-northern-runway-project-development-consent-order-2025",
  "path": "schedule/9/paragraph/38",
  "kind": "paragraph",
  "number": "38",
  "heading": "Land",
  "text": "(1) Following the issue of the final certificate pursuant to paragraph 32(4) (final certificate) National Highways may serve notice on the undertaker that it wishes to take a freehold transfer of land within the extent of strategic road network boundary which is not in the ownership of National Highways but has been acquired by the undertaker for the purposes of carrying out the specified works.\n(2) If the undertaker receives notice under sub-paragraph (1) then the undertaker must effect a freehold transfer of the land which is the subject of the notice and complete such transfer as soon as reasonably practicable at no cost to National Highways.\n(3) The undertaker must not under the powers of this Order—\n(a) acquire or use land forming part of;\n(b) acquire new or existing rights over; or\n(c) seek to impose or extinguish any restrictive covenants over;\nany of the strategic road network or land owned by National Highways, or extinguish any existing rights of or interfere with apparatus of National Highways in respect of any third party property, except with the consent of National Highways by written request to legalservicesinbox@nationalhighways.co.uk.\n(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 9 para. 38(4) omitted (21.1.2026) by virtue of The Gatwick Airport (Northern Runway Project) Development Consent (Correction) Order 2026 (S.I. 2026/43), art. 1, Sch. (which affecting local non-print S.I. is replaced by printed local S.I. 2026/1055)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 para. 38 in force at 12.10.2025, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1054/schedule/9/paragraph/38",
    "retrieved_at": "2026-10-28T21:11:10.827794+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."
}