(4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 23 (time limit for exercise of authority to acquire land compulsorily) of the Riverside Energy Park Order 2020”. 

(5) In Schedule 2A( a ) (counter-notice requiring purchase of land not in notice to treat)— 

(a) for paragraphs 1(2) and 14(2) substitute— 

“(2) But see article 25(3) (acquisition of subsoil only) of the Riverside Energy Park Order 2020, which excludes the acquisition of subsoil only from this Schedule.”; and 

(b) after paragraph 29 insert— 

## “PART 4 

## INTERPRETATION 

30.  In this Schedule, references to entering on and taking possession of land do not include doing so under article 20 (protective work to buildings) or article 31 (temporary use of land for carrying out the authorised development) or article 32 (temporary use of land for maintaining the authorised development) of the Riverside Energy Park Order 2020.”. 

## Rights under or over streets 

30. —(1) The undertaker may enter upon, appropriate and use so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development or for any other purpose ancillary to the authorised development. 

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street. 

(3) Paragraph (2) is not to apply in relation to— 

(a) any subway or underground building; or 

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street. 

(4) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is to be entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section. 

## Temporary use of land for carrying out the authorised development 

## Temporary possession of land 

31. —(1) The undertaker may, in connection with the construction of the authorised development— 

(a) enter on and take temporary possession of— 

(i) so much of the land specified in columns (1) and (2) of the table in Schedule 9 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of the table in that Schedule; 

