Modifications etc. (not altering text)
C1Schs. 2-4 applied (with modifications) (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 9(3), Sch. 3 Pt. 2
C2Schs. 2-4 applied (with modifications) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14(5), Sch. 3 (with art. 28)
C3Schs. 2-4 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(5), Sch. 2 Pt. 2
C4Schs. 2-4 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 13(5), Sch. 2 Pts. 1, 2
C5Sch. 2 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 9(5), Sch. 2 Pt. 2
C6Schs. 2-4 applied (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 10(5), Sch. 2 Pt. 2
Modifications etc. (not altering text)
C7Sch. 2 Pt. 1 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 207(7)(8), 240(1)(l)
C8Sch. 2 Pt. 1 applied (with modifications) by 1999 c. 29, s. 333ZA(6)(7) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))
3(1)Sub-paragraph (2) applies where the HCA completes the compulsory acquisition of land under this Part of this Act.E+W
(2)On completion of the acquisition—
(a)all private rights of way on, under or over the land are extinguished,
(b)all rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land are extinguished, and
(c)any such apparatus vests in the HCA.
(3)Sub-paragraph (2) is subject to paragraphs 4 to 6.
Commencement Information
I1Sch. 2 para. 3 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)
4E+WThe HCA may give a direction before the completion of the acquisition that paragraph 3(2) is not to apply to any right or apparatus specified in the direction.
Commencement Information
I2Sch. 2 para. 4 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)
5E+WParagraph 3(2) is subject to any agreement which may be made (whether before or after the completion of the acquisition) between—
(a)the HCA, and
(b)the person—
(i)in whom the right or apparatus concerned is vested, or
(ii)to whom it belongs.
Commencement Information
I3Sch. 2 para. 5 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)
6(1)Paragraph 3(2) does not apply to—E+W
(a)any right vested in statutory undertakers for the purpose of carrying on their undertaking,
(b)any apparatus belonging to statutory undertakers for that purpose,
(c)any right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network, or
(d)any electronic communications apparatus kept installed for the purposes of any such network.
(2)In sub-paragraph (1) “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990 (c. 8); and “statutory undertaking” is to be read in accordance with section 262 of that Act (meaning of “statutory undertakers”).
Commencement Information
I4Sch. 2 para. 6 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)
7(1)Any person who suffers loss by the extinguishment of a right, or the vesting of any apparatus, under paragraph 3 is entitled to compensation from the HCA.E+W
(2)Any compensation payable under this paragraph is to be determined in accordance with the Land Compensation Act 1961 (c. 33).
Commencement Information
I5Sch. 2 para. 7 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)