PART 5POWERS OF ACQUISITION

Compulsory acquisition of rights

20.—(1) Subject to paragraphs (2) to (4), the Secretary of State may acquire such rights over the Order land or impose restrictive covenants affecting the land as may be required for any purpose for which that land may be acquired under article 18 (compulsory acquisition of land) by creating them as well as acquiring rights already in existence.

(2) In the case of the Order land specified in column (1) of Schedule 5 (land in which only new rights etc. may be acquired) the Secretary of State’s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants, as may be required for the purpose specified in relation to that land in column (2) of that Schedule.

(3) The power to impose restrictive covenants under paragraph (1) is exercisable only in respect of plots specified in column (1) of Schedule 5.

(4) The power to acquire rights in paragraph (1) does not extend to the plots with reference numbers 2/1h, 2/1l, 2/2b, 2/2e, 2/2g, 2/2j, 2/6f, 2/7c, 2/8e, 2/8f, 2/8g, 2/8h, 3/1a, 3/2p, 3/2q, 3/2r, 3/2s, 3/7, 4/2d, 4/2l, 4/4r, 4/7e, 4/7f, 4/7g, 5/1e and 5/1p.

(5) Subject to section 8 of the 1965 Act (other provisions as to divided land), as substituted by paragraph 5 of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights), where the Secretary of State acquires a right over land or the benefit of a restrictive covenant under paragraph (1) or (2), the Secretary of State is not required to acquire a greater interest in that land.

(6) Schedule 6 has 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 or the imposition of a restrictive covenant.