The A38 Derby Junctions Development Consent Order 2023
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Change 1
35 Statutory undertakers
(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).
35 Statutory undertakers
(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).
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