The M3 Junction 9 Development Consent Order 2024
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Change 1
36 Statutory undertakers
(1) Subject to the provisions of article 27(3) (compulsory acquisition of rights and imposition of restrictive covenants), Schedule 10 (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 37 (apparatus and rights of statutory undertakers in stopped up streets).
36 Statutory undertakers
(1) Subject to the provisions of article 27(3) (compulsory acquisition of rights and imposition of restrictive covenants), Schedule 10 (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 37 (apparatus and rights of statutory undertakers in stopped up streets).
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