Legislation – The Five Estuaries Offshore Wind Farm Order 2025
PART 5Powers of acquisition
Acquisition of subsoil only27.
(1)
The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of article 21 (compulsory acquisition of land) and paragraph (1) of article 23 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
(2)
Where the undertaker acquires any part of, or rights in the subsoil of land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.
(3)
The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only—
(a)
Schedule 2A to the 1965 Act (as modified by article 28 (modification of Part 1 of the 1965 Act));
(b)
Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and
(c)
section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.
(4)
Paragraphs (2) and (3) do not apply where the undertaker acquires any part of, or rights in a cellar, vault, arch or other construction forming part of a house, building or factory.