High Speed Rail (London - West Midlands) Act 2017
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Change 1
8 Acquisition of subsoil or under-surface
(1) The power under section 4(1) in relation to land may be exercised in relation to the subsoil or under-surface of the land only. (2) The following do not apply in connection with the exercise of the power under section 4(1) in relation to subsoil or under-surface only— (a) Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat); (b) Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration); (c) section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test). (3) Subsection (2) is to be disregarded where the power under section 4(1) is exercised in relation to a cellar, vault, arch or other construction forming part of a house, building or manufactory. (4) Schedule 11 contains provision which in certain cases restricts the power under section 4(1)— (a) to the subsoil or under-surface of land, or (b) to the subsoil or under-surface of land and rights of passage.
8 Acquisition of subsoil or under-surface
(1) The power under section 4(1) in relation to land may be exercised in relation to the subsoil or under-surface of the land only. (2) The following do not apply in connection with the exercise of the power under section 4(1) in relation to subsoil or under-surface only— (a) Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat); (b) Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration); (c) section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test). (3) Subsection (2) is to be disregarded where the power under section 4(1) is exercised in relation to a cellar, vault, arch or other construction forming part of a house, building or manufactory. (4) Schedule 11 contains provision which in certain cases restricts the power under section 4(1)— (a) to the subsoil or under-surface of land, or (b) to the subsoil or under-surface of land and rights of passage.
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