Article 35 Statutory undertakersI1

England and Wales

(1)

Subject to the provisions of Schedule 12 (protective provisions), article 27 (compulsory acquisition of rights and restrictive covenants) and paragraph (2), the undertaker may—

(a)

acquire compulsorily, or acquire new rights or impose restrictive covenants over any Order land belonging to statutory undertakers; and

(b)

extinguish the rights of, and remove or reposition apparatus belonging to, statutory undertakers 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; and

(b)

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

Annotations

Commencement

I1: Art. 35 in force at 11.6.2020, see art. 1