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3(1)The Secretary of State may, in relation to a private right, direct—U.K.
(a)that paragraph 2 does not apply to the right, or
(b)that paragraph 2 applies to the right only to the extent specified in the direction.
(2)A direction under sub-paragraph (1) must be given before the appropriate time.
(3)Paragraph 2 does not apply to—
(a)a right over land which, were the land held otherwise than by the Secretary of State, would not be capable of being acquired under section 4(1), or
(b)a right to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc) applies (and see section 13 as to the application of those sections).