Article 21 Compulsory acquisition of rights and imposition of restrictive covenantsI1

The undertaker may acquire compulsorily such rights or impose restrictive covenants over the Order land, by creating them as well as by acquiring rights already in existence, as are described in the book of reference and shown on the land plan.

Subject to section 8 of the 1965 Act, as substituted by paragraph 5 of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants), where the undertaker acquires an existing right over land or imposes a restrictive covenant under paragraph (1), the undertaker is not required to acquire a greater interest in that land.

Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants) 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 or the imposition of restrictive covenants.

In any case where the acquisition of new rights under paragraph (1) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertaker in question.

The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (4) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.

Where the power in paragraph (4) is transferred to a statutory undertaker and the statutory undertaker—

the liability is enforceable against the undertaker.

Nothing in this article affects any agreement between the undertaker and any statutory undertaker receiving the benefit of any power transferred by the operation of paragraph (4).

Any person who suffers loss as a result of the acquisition of any private right or the imposition of a restrictive covenant under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.