# High Speed Rail (London - West Midlands) Act 2017, Section 8: Acquisition of subsoil or under-surface

Extent: E+W+S+N.I.

(1) The power under section 4(1) in relation to land may be exercised in relation to the subsoil or under-surface of the land only.
(2) The following do not apply in connection with the exercise of the power under section 4(1) in relation to subsoil or under-surface only—
(a) Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat);
(b) Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration);
(c) section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test).
(3) Subsection (2) is to be disregarded where the power under section 4(1) is exercised in relation to a cellar, vault, arch or other construction forming part of a house, building or manufactory.
(4) Schedule 11 contains provision which in certain cases restricts the power under section 4(1)—
(a) to the subsoil or under-surface of land, or
(b) to the subsoil or under-surface of land and rights of passage.

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Source: https://www.legislation.gov.uk/ukpga/2017/7/section/8 (the official version)
Page: https://openlegislation.uk/high-speed-rail-london-west-midlands-act-2017/section-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.