PART 5POWERS OF ACQUISITION

Statutory undertakers35

1

Subject to the provisions of article 26(3) (compulsory acquisition of rights), Schedule 9 (protective provisions) and paragraph (2), the undertaker may—

a

acquire compulsorily, or acquire new rights or impose restrictive covenants over, any Order land belonging to statutory undertakers; and

b

extinguish the rights of, or remove or reposition the apparatus belonging to, statutory undertakers over or within the Order land.

2

Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—

a

Part 3 (street works in England and Wales) of the 1991 Act; and

b

article 36 (apparatus and rights of statutory undertakers in stopped up streets).