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Paragraph 13 HighwaysI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Land—

(a)

that is on or adjacent to the line of a highway proposed to be constructed, improved or altered, as indicated in an order or scheme, and

(b)

in relation to which a power of compulsory acquisition conferred by Part 12 of the Highways Act (including a power compulsorily to acquire any right by virtue of section 250 of that Act) may become exercisable because it is required for purposes of the proposed construction, improvement or alteration.

(2)

In sub-paragraph (1)(a) the reference to an order or scheme is to—

(a)

an order or scheme that has come into operation under Part 2 of the Highways Act (trunk roads, classified roads and special roads), or

(b)

an order or scheme that has been submitted for confirmation to, or been prepared in draft by, the Welsh Ministers under Part 2 of the Highways Act and in respect of which a notice has been published under paragraph 1, 2 or 10 of Schedule 1 to that Act.

(3)

Sub-paragraph (2)(b) ceases to apply if—

(a)

the order or scheme comes into operation (whether in its original form or with modifications), or

(b)

the Welsh Ministers decide not to confirm or make the order or scheme.

(4)

In this paragraph the reference to land required for purposes of construction, improvement or alteration includes land required for the purposes of section 246(1) of the Highways Act (mitigating adverse effects of constructing or improving highway).

Annotations

Commencement

I1

Sch. 19 para. 13 not in force at Royal Assent, see s. 409(2)