8.—(1) The promoter may acquire compulsorily so much of the land shown on the works and land plan within the limits of deviation as land to be acquired compulsorily and described in the book of reference as may be required for the purposes of the authorised works and may use any land so acquired for those purposes or for any other purposes that are ancillary to the promoter’s statutory undertaking.
(2) This article is subject to article 12 (acquisition of land limited to subsoil lying more than 9 metres beneath surface) and article 13 (temporary use of land for construction of works).
9.—(1) Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order—
(a)as it applies to a compulsory purchase to which the 1981 Act applies; and
(b)as if this Order were a compulsory purchase order under that Act.
(2) Part 1 of the 1965 Act, as applied by paragraph (1), has effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.
10.—(1) The Compulsory Purchase (Vesting Declarations) Act 1981(1) applies as if this Order were a compulsory purchase order.
(2) The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), has effect with the following modifications.
(3) In section 3 (preliminary notices) for subsection (1) there is substituted—
“(1) Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order the acquiring authority must include the particulars specified in subsection (3) in a notice which is—
(a)given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and
(b)published in a local newspaper circulating in the area in which the land is situated.”.
(4) In that section, in subsection (2), for “(1)(b)” there is substituted “(1)” and after “given” there is inserted “and published”.
(5) In that section, for subsections (5) and (6) there is substituted—
“(5) For the purposes of this section, a person has a relevant interest in land if—
(a)that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or
(b)that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.”.
(6) In section 5 (earliest date for execution of declaration)—
(a)in subsection (1), after “publication” there is inserted “in a local newspaper circulating in the area in which the land is situated”; and
(b)subsection (2) is omitted.
(7) In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” are omitted.
(8) References to the 1965 Act are construed as references to that Act as applied to the acquisition of land under article 8 (power to acquire land).
11.—(1) The promoter may acquire compulsorily such easements or other rights over any land referred to in paragraph (1) of article 8 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
(2) Schedule 3 (modification of compensation and compulsory purchase enactments for creation of new rights) 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.
(3) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 3), where the promoter acquires a right over land under paragraph (1) the promoter is not required to acquire a greater interest in that land.
12.—(1) This article applies to the land specified in Schedule 4 (land of which only subsoil more than 9 metres beneath surface may be acquired).
(2) In the case of land to which this article applies, the promoter may only acquire compulsorily under article 8 (power to acquire land) so much of, or such rights in, the subsoil of the land as may be required for the purposes of the authorised works.
(3) Where the promoter acquires any part of, or rights in, the subsoil of the land to which this article applies, the promoter is not required to acquire a greater interest in the land or an interest in any other part of it.
(4) References in this article to the subsoil of land are references to the subsoil lying more than 9 metres beneath the level of the surface of the land; and for this purpose “level of the surface of the land” means—
(a)in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;
(b)in the case of a watercourse or other water area, the level of the surface of the ground nearest to it which is at all times above water level; or
(c)in any other case, ground surface level.