Regional Development Agencies Act 1998

1 (1) On an order under section 19(1) coming into force or the completion by a regional development agency of a compulsory acquisition of land under this Act—

(a) all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land which is the subject of the order or the compulsory acquisition shall be extinguished, and

(b) any such apparatus shall vest in the agency in which the land is vested or by which it is acquired.

(2) Sub-paragraph (1) does not apply—

(a) to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of carrying on their undertaking; or

(b) to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or to any telecommunications apparatus kept installed for the purposes of any such system.

(3) In respect of any right or apparatus not falling within sub-paragraph (2), sub-paragraph (1) shall have effect subject to—

(a) any direction given by the Secretary of State before the coming into force of the order, or, as the case may be, by the agency before the completion of the acquisition, that sub-paragraph (1) shall not apply to any right or apparatus specified in the direction, and

(b) any agreement which may be made (whether before or after the coming into force of the order or completion of the acquisition) between the Secretary of State, or agency, and the person in or to whom the right or apparatus in question is vested or belongs.

(4) Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the regional development agency concerned.

(5) Any compensation payable under this paragraph shall be determined in accordance with the [1961 c. 33.] Land Compensation Act 1961.