Article 35 Statutory undertakers and utilitiesI1

England and Wales

(1)

Subject to the provisions of article 26(2) (compulsory acquisition of rights), Schedule 13 (protective provisions) and paragraph (2), the undertaker may—

(a)

exercise the powers conferred by articles 22 (compulsory acquisition of land) and 26 (compulsory acquisition of rights) in relation to so much of the Order land as belongs to statutory utilities; and

(b)

extinguish the rights of, remove or reposition the apparatus belonging to statutory utilities over or within the Order land.

(2)

Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—

(a)

Part 3 (street works in England and Wales) of the 1991 Act; or

(b)

article 36 (apparatus and rights of statutory undertakers and utilities in stopped up streets).

Annotations

Commencement

I1: Art. 35 in force at 21.5.2020, see art. 1