The Mona Offshore Wind Farm Order 2025
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Change 1
21 Compulsory acquisition of rights
(1) The undertaker may acquire such rights over the Order land, by creating them as well as acquiring rights already in existence, or impose restrictions affecting the land as may be required for any purpose for which that land may be acquired under article 19 (compulsory acquisition of land). (2) Subject to article 23 (private rights) and article 30 (statutory undertakers) in the case of the Order land specified in column (1) of Schedule 8 (land in which only new rights etc. may be acquired) the powers of compulsory acquisition conferred by this Order are limited to the acquisition of new rights in the land or the imposition of restrictions for the purpose specified in relation to that land in column (2) of that Schedule and as described in the book of reference. (3) Subject to section 8 (other provisions as to divided land) of and Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictions)), where the undertaker acquires a right over the Order land or imposes a restriction under this article, the undertaker is not required to acquire a greater interest in that land. (4) Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictions) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this Order of a right over land by the creation of a new right or the imposition of a restriction. (5) In any case where the acquisition of new rights or the imposition of restrictions under paragraph (1) or (2) is required for the purposes of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights or impose such restrictions to the statutory undertaker in question. (6) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.
21 Compulsory acquisition of rights
(1) The undertaker may acquire such rights over the Order land, by creating them as well as acquiring rights already in existence, or impose restrictions affecting the land as may be required for any purpose for which that land may be acquired under article 19 (compulsory acquisition of land). (2) Subject to article 23 (private rights) and article 30 (statutory undertakers) in the case of the Order land specified in column (1) of Schedule 8 (land in which only new rights etc. may be acquired) the powers of compulsory acquisition conferred by this Order are limited to the acquisition of new rights in the land or the imposition of restrictions for the purpose specified in relation to that land in column (2) of that Schedule and as described in the book of reference. (3) Subject to section 8 (other provisions as to divided land) of and Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictions)), where the undertaker acquires a right over the Order land or imposes a restriction under this article, the undertaker is not required to acquire a greater interest in that land. (4) Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictions) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this Order of a right over land by the creation of a new right or the imposition of a restriction. (5) In any case where the acquisition of new rights or the imposition of restrictions under paragraph (1) or (2) is required for the purposes of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights or impose such restrictions to the statutory undertaker in question. (6) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.
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