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The National Grid (King’s Lynn B Power Station Connection) Order 2013

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Power to override interests, rights and restrictions

19.—(1) Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker, by its statutory successor, by any person deriving title under them or by any of their servants or agents) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—

(a)an interference with an interest or right to which this article applies; or

(b)a breach of a restriction as to the user of land arising by virtue of a contract.

(2) In this article “authorised activity” means—

(a)the erection, construction or carrying out, or maintenance of any building or work on land;

(b)the erection, construction, or maintenance or anything in, on, over or under land; or

(c)the use of any land.

(3) The interests and rights to which this article applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

(4) In respect of any interference or breach in pursuance of this article, compensation—

(a)is to be payable under section 63 or 68 of the Lands Clauses Consolidation Act 1845(1) or under section 7 or 10 of the 1965 Act; and

(b)is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where—

(i)the compensation is to be estimated in connection with a purchase under those Acts; or

(ii)the injury arises from the execution of works on or use of land acquired under those Acts.

(5) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraphs (1) and (2).

(1)

1845 c. 18. There are amendments to this Act which are not relevant to this Order.

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