(6) The undertaker shall pay compensation to the owners and occupiers of land of which
temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.
(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.
(8) Nothing in this article shall affect any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the maintenance of the authorised project, other than loss or damage for which compensation is payable under paragraph (6).
(9) Where the undertaker takes possession of land under this article, the undertaker shall not be
required to acquire the land or any interest in it. (10) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) shall apply to
the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).
(11) In this article “the maintenance period”, in relation to any part of the authorised project,
means the period of 5 years beginning with the date on which the authorised project first exports electricity to the national electricity transmission network.
Protective provisions for specified undertakers 25. Schedule 9 (Protective provisions) shall have effect.
Statutory undertakers
26. Subject to the provisions of Schedule 9 (Protective provisions) the undertaker may— (a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans within the limits to the land to be acquired and described in the book of reference; and
(b) extinguish the rights of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.
Recovery of costs of new connections 27.—(1) Where any apparatus of a public utility undertaker or of a public communications
provider is removed under article 25 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.
(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a
sewer is removed under article 25, any person who is— (a) the owner or occupier of premises the drains of which communicated with that sewer; or (b) the owner of a private sewer which communicated with that sewer,
shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.
(3) This article shall not have effect in relation to apparatus to which Part 3 of the 1991 Act
applies. (4) In this paragraph—
“public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003; and
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