The Preesall Underground Gas Storage Facility Order 2015

Power to override easements and other rights E+W

21.—(1) Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—

(a) an interference with an interest or right to which this article applies; or

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

(2) In this article “authorised activity” means—

(a) the erection, construction or carrying out, or maintenance of any building or work on land;

(b) the erection, construction, or maintenance of anything in, on, over or under land; or

(c) the use of any land (including the temporary use of land).

(3) The interests and rights to which this article applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by the virtue of a contract.

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) [F2 Where an interest, right or restriction is interfered with or breached as mentioned in paragraph (1)], compensation—

(a) shall be payable under section 7 or 10 of the 1965 Act(1); and

(b) shall be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where—

(i) the compensation is to be estimated in connection with a purchase under that Act; or

(ii) the injury arises from the execution of works on or use of land acquired under that Act.

(6) Where a person deriving title under the undertaker by whom the land in question was acquired—

(a) is liable to pay compensation by virtue of paragraph (5), and

(b) fails to discharge that liability,

the liability shall be enforceable against that undertaker.

(7) Nothing in this article shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1) of this article.

Textual Amendments

F1 Art. 21(4) omitted (22.12.2015) by virtue of The Preesall Underground Gas Storage Facility (Correction) Order 2015 (S.I. 2015/2071), arts. 1, 2, Sch.

F2 Words in art. 21(5) substituted (22.12.2015) by The Preesall Underground Gas Storage Facility (Correction) Order 2015 (S.I. 2015/2071), arts. 1, 2, Sch.

Commencement Information

I1 Art. 21 in force at 7.8.2015, see art. 1

(1)

There are amendments that are not relevant to this Order.