OpenLegislation

Article 24 Power to acquire new rightsI1

England, Wales and Scotland

(1)

The Agency may compulsorily acquire such easements or other rights over any land referred to in article 21 (power to acquire land) as may be required for any purpose for which that land may be acquired under that article, by creating them as well as by acquiring easements or other rights already in existence.

(2)

Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 3 (modification of compensation and compulsory purchase enactments for creation of new rights)), where the Agency acquires a right over land under paragraph (1) the Agency cannot be required to acquire a greater interest in that land.

(3)

Schedule 3 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.

(4)

In relation to land to which this paragraph applies, article 21, so far as relating to the acquisition or creation of easements or other rights by virtue of paragraph (1) is to be treated as also authorising acquisition by a statutory utility in any case where the Secretary of State gives consent in writing.

(5)

Paragraph (4) applies to land to which article 21 applies and which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of the authorised works.

Annotations

Commencement

I1

Art. 24 in force at 7.8.2012, see art. 1