Article 15 Power to acquire new rights

The Council may compulsorily acquire such easements or other rights over any land referred to in article 13 as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.

Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 6 to this Order), where the Council acquires a right over land under paragraph (1) it shall not be required to acquire a greater interest in it.

Schedule 6 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.

In so far as it applies to land specified in paragraph (5), paragraph (1) shall be treated as also authorising acquisition of easements or other rights by a statutory utility in any case where the Secretary of State gives his consent in writing.

Paragraph (4) applies to land within the limits of deviation which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of the works authorised by this Order; and in that paragraph “statutory utility” means a licence holder within the meaning of Part I of the Electricity Act 1989^f1, a gas transporter within the meaning of Part I of the Gas Act 1986^f2, a water undertaker within the meaning of the Water Industry Act 1991^f3, a sewerage undertaker within the meaning of Part I of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act.