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The Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997

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Powers of acquisition

Power to acquire land

24.  (1)  The undertaker may acquire compulsorily—

(a)so much of the land shown on the Order plans within the limits of deviation for the scheduled works shown on those plans and described in the book of reference as may be required for the purposes of the authorised works, and

(b)so much of the land specified in columns (1) and (2) of Schedule 2 to this Order (being land shown on the Order plans and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of that Schedule;

and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its transit system undertaking.

(2) This article is subject to articles 27(2), 30(8), 37(3) and 38(3) below.

(3) The undertaker shall not under the powers of this Order acquire compulsorily any interest in the land numbered 84, 97, 137, 139, 157, 158, 159, 365, 368, 371 and 373 in the book of reference.

Application of Part I of Compulsory Purchase Act 1965

25.  (1)  Part I of the 1965 Act, insofar as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order—

(a)as it applies to a compulsory purchase to which the Acquisition of Land Act 1981(1) applies, and

(b)as if this Order were a compulsory purchase order under that Act.

(2) Part I of the 1965 Act, as so applied, shall have effect as if—

(a)section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and

(b)in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days’ notice) for the reference to 14 days’ notice there were substituted—

(i)in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month, or

(ii)in any other case, a reference to notice of 3 months.

Powers to acquire new rights

26.  (1)  The undertaker may compulsorily acquire such easements or other rights over any land referred to in paragraph (1)(a) or (b) of article 24 above 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.

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

(3) Schedule 8 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.

Rights for Work No. 7A

27.  (1)  The undertaker may compulsorily acquire pursuant to article 26 above such easements or other rights as it may consider necessary (hereafter referred to as “the compulsory rights”) to construct and maintain Work No. 7A and to install and keep installed the electric line comprised in that work over the relevant lands and to have access to the relevant lands for the purpose of inspecting, maintaining, adjusting, repairing, altering, replacing or removing the electric line.

(2) The powers of compulsory acquisition of land conferred by this Order for the purposes of Work No. 7A shall be limited in relation to the relevant lands to the acquisition of the compulsory rights referred to in paragraph (1) above.

(3) In this article, “the relevant lands” means the whole or any part of the lands shown on the Order plans and described in the book of reference numbered 91 to 96, 98 to 122, 127 to 129, 150 to 155 and 597 inclusive.

Powers to acquire subsoil only

28.  (1)  The undertaker may compulsorily acquire so much of the subsoil of the land referred to in paragraph (1)(a) or (b) of article 24 above 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.

(2) Where the undertaker acquires any part of the subsoil of land under paragraph (1) above the undertaker shall not be required to acquire an interest in any other part of the land.

(3) Paragraph (2) above shall not prevent article 32 below from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory.

Rights under or over streets

29.  (1)  The undertaker may enter upon and appropriate so much of the surface, subsoil of, or air-space over, any street shown on the Order plans as may be required for the purposes of the authorised works and may use the surface, subsoil and air-space for those purposes or any other purpose connected with or ancillary to its transit system undertaking.

(2) The power under paragraph (1) above may be exercised in relation to a street without the undertaker being required to acquire any part of the street or any easement or right in the street.

(3) The undertaker shall not be required to pay any compensation for the exercise of the powers conferred by paragraph (1) above where the street is a highway; but where the street is not a highway any person suffering loss by the exercise of that power shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961.

(4) Paragraphs (2) and (3) above shall not apply in relation to—

(a)any subway or underground building, or

(b)any cellar, vault, arch or other construction in or on a street which forms part of a building fronting on to the street.

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