Article 22 Acquisition of subsoil or airspace onlyI1
England and Wales As made
SEL may, with the consent of DEL such consent not to be unreasonably withheld, acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (1) of article 17 (compulsory acquisition of land) or article 19 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
DEL may, with the consent of SEL such consent not to be unreasonably withheld, acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (2) of article 17 (compulsory acquisition of land) or article 19 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
The following do not apply in connection with the exercise of the power under paragraph (1) or (2) in relation to subsoil or airspace only—
Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;
Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and
Section 153(4A) (reference of objection to Upper Tribunal: general) of the 1990 Act.
Annotations
Commencement
- I1
Art. 22 in force at 9.5.2024, see art. 1