The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024

Compulsory acquisition of rights

19.—(1) Subject to paragraph ‎(3), SEL may, with the consent of DEL such consent not to be unreasonably withheld, acquire compulsorily such rights or impose such restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 18 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence.

(2) Subject to paragraph ‎(3), DEL may, with the consent of SEL such consent not to be unreasonably withheld, acquire compulsorily such rights or impose such restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 17, by creating them as well as by acquiring rights already in existence.

(3) Subject to the provisions of this paragraph, article 21 (private rights over land), article 26 (temporary use of land for carrying out the authorised project) and article 28 (statutory undertakers), in the case of the Order land specified in column (1) of Schedule 7 (land in which only new rights, etc. may be acquired), the powers of compulsory acquisition conferred under paragraph ‎(1) and paragraph ‎(2) are limited to the acquisition by the undertaker referred to in the corresponding entry in column (2) of that Schedule of such new rights and the imposition of restrictive covenants as may be required for the purpose specified in relation to that land in column (2) of that Schedule and as described in the book of reference.

(4) Subject to section 8 (other provisions as to divided land) of and Schedule 2A to the 1965 Act (counter-notice requiring purchase of land not in notice to treat) (as substituted by paragraph 5(8) of Schedule 8 (modification of compensation and compulsory purchase enactments for creation of new rights), where the undertaker acquires a right over the Order land or imposes a restrictive covenant under this article, the undertaker is not required to acquire a greater interest in that land.

(5) Schedule 8 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants) 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 article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

(6) In any case where the acquisition of new rights or the imposition of restrictive covenants 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 to the statutory undertaker in question.

(7) 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.