SCHEDULES

SCHEDULE 3 E+W Main powers in relation to [F1 land acquired by the HCA]

Textual Amendments

F1 Words in Sch. 3 title substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 32(3), 57(5)(e) (with s. 32(11)(12))

Modifications etc. (not altering text)

C1 Sch. 3 applied by 1999 c. 29, s. 333ZB(1) (as substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 32(7), 57(5)(e) (with s. 32(11)(12))

C2 Sch. 3 applied by 2011 c. 20, s. 208(1) (as substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 32(10), 57(5)(e) (with s. 32(11)(12))

Part 1 E+W Powers to override easements etc.

Powers to override easements etc. in undertaking works or using land E+W

1 (1) The HCA or any other person may undertake any construction or maintenance works on [F2 land which has been vested in or acquired by the HCA] even if undertaking the works involves— E+W

(a) interference with a relevant right or interest, or

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

(2) But the construction or maintenance works must still be in accordance with planning permission.

(3) The HCA or any other person may use any [F3 land which has been vested in or acquired by the HCA] even if the use involves—

(a) interference with a relevant right or interest, or

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

(4) But the use of the land must be in accordance with planning permission.

(5) Sub-paragraphs (1) to (4) do not authorise interference with—

(a) any right of way on, under or over land, or

(b) any right of laying down, erecting, continuing or maintaining apparatus on, under or over land,

if the right is a protected right.

(6) In this paragraph—

• “construction or maintenance works” means the erection, construction, carrying out or maintenance of any building or work,

• “protected right” means—

  (a)

  a right vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking, or

  (b)

  a right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network,

• “relevant right or interest” means any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land (including any natural right to support),

• “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”).

Textual Amendments

F2 Words in Sch. 3 para. 1(1) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 32(4), 57(5)(e) (with s. 32(11)(12))

F3 Words in Sch. 3 para. 1(3) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 32(4), 57(5)(e) (with s. 32(11)(12))

Commencement Information

I1 Sch. 3 para. 1 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)