Article 40 Statutory undertakersI1

England, Wales and Scotland

(1)

Subject to the provisions of article 25 (compulsory acquisition of rights), Schedule 15 (protective provisions) 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, or remove or reposition the 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 Part 3 (street works in England and Wales) of the 1991 Act^f1 applies.

Annotations

Commencement

I1: Art. 40 in force at 5.4.2024, see art. 1

Footnotes

f1: 1991 c. 22. Part 3 was amended by 2004 (c. 18) perspective changes to Part 3 are still to come into force, S.I. 2007/1952, S.I. 2008/102 (w. 55) and 2003 (c. 21).