The Associated British Ports (Immingham Green Energy Terminal) Order 2025
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Change 1
33 Statutory undertakers
(1) Subject to the provisions of paragraph (1)(b) of article 24 (compulsory acquisition of rights), Schedule 14 (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 or the operators of any electronic communications code network; (b) extinguish the rights of statutory undertakers or the operators of any electronic communications code network over or within the Order land; (c) remove or reposition the apparatus belonging to statutory undertakers or the operators of any electronic communications code network over or within the Order land; and (d) construct the authorised project in such a way as to cross underneath or over apparatus belonging to statutory undertakers or the operators of any electronic communications code network 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 17 (apparatus and rights of statutory undertakers in stopped up streets).
33 Statutory undertakers
(1) Subject to the provisions of paragraph (1)(b) of article 24 (compulsory acquisition of rights), Schedule 14 (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 or the operators of any electronic communications code network; (b) extinguish the rights of statutory undertakers or the operators of any electronic communications code network over or within the Order land; (c) remove or reposition the apparatus belonging to statutory undertakers or the operators of any electronic communications code network over or within the Order land; and (d) construct the authorised project in such a way as to cross underneath or over apparatus belonging to statutory undertakers or the operators of any electronic communications code network 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 17 (apparatus and rights of statutory undertakers in stopped up streets).
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