Historic Environment (Wales) Act 2023

Prospective

142 Ending of rights over land acquired compulsorily E+W

(1) On the completion of a compulsory acquisition of land under section 137—

(a) all private rights of way over the land are extinguished,

(b) all rights to install, keep or maintain apparatus on, under or over the land are extinguished, and

(c) the acquiring authority becomes entitled to any apparatus on, under or over the land.

(2) Subsection (1) does not apply to—

(a) any right to which a statutory undertaker is entitled, or apparatus belonging to a statutory undertaker, for the purpose of carrying on its undertaking,

(b) any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, or any electronic communications apparatus installed for the purposes of such a network, or

(c) any right or apparatus specified by the acquiring authority in a direction given before the completion of the acquisition.

(3) Subsection (1) is also subject to any agreement (whether made before or after the completion of the acquisition) between the acquiring authority and the person who is entitled to the right or to whom the apparatus belongs.

(4) Any person who suffers loss by the extinguishment of a right or the transfer of apparatus under this section is entitled to be paid compensation by the acquiring authority.

(5) Compensation under this section is to be determined in accordance with the Land Compensation Act 1961 (c. 33).

(6) In subsection (2)(b)—

• “electronic communications code” (“cod cyfathrebu electronig”) means the code set out in Schedule 3A to the Communications Act 2003 (c. 21);

• “operator” (“gweithredwr”), “electronic communications code network” (“rhwydwaith cod cyfathrebu electronig”) and “electronic communications apparatus” (“cyfarpar cyfathrebu electronig”) have the meanings given by paragraph 1(1) of Schedule 17 to the Communications Act 2003.

Commencement Information

I1 S. 142 not in force at Royal Assent, see s. 212(2)