SCHEDULES

SCHEDULE 3U.K.Highways

Stopping-upU.K.

3(1)On a highway or part of a highway being stopped up under paragraph 1 or 2—U.K.

(a)all rights of way over or along it shall be extinguished, and

(b)the Secretary of State may appropriate and use, without making any payment, so much of the site of it as is bounded on both sides by land which he owns.

(2)The nominated undertaker shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.

(3)Any dispute as to a person's entitlement to compensation under sub-paragraph (2), or as to the amount of such compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

(4)The Secretary of State shall not be entitled to any mines or minerals under land which he is entitled to appropriate and use under sub-paragraph (1)(b), with the exception of minerals necessarily extracted or used in the construction of the undertaking which the nominated undertaker is authorised to carry on by this Act.

(5)Part 3 of Schedule 2 to the Acquisition of Land Act 1981 (c. 67) (regulation of the working of mines or minerals underlying an authorised undertaking) shall apply in relation to the working of any mines or minerals underlying land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b) with the following modifications—

(a)references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised to carry on by this Act,

(b)in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority shall be construed as references to the nominated undertaker, and

(c)in paragraph 6, the first of the references to the acquiring authority shall be construed as a reference to the nominated undertaker.

Modifications etc. (not altering text)