39Acquisition by Authority—effect on Utilities

39 Acquisition by Authority—effect on Utilities (1) This section applies if— (a) the Authority acquires an interest in land under section 34; and (b) an easement of a Utility or a right in the nature of an easement of a Utility is extinguished on that acquisition. (2) Nothing in section 24 of the **Land Acquisition and Compensation Act 1986** has the effect of removing— (a) a Utility's ownership of any Utility infrastructure; or (b) any right (other than an interest in real property) arising under any existing agreement between Utilities in relation to Utility infrastructure; or (c) any right conferred by an enactment on a Utility in relation to Utility infrastructure. (3) The acquisition of the interest in land is not to be regarded as placing a Utility in breach of, or as constituting a default or potential default under any obligation, undertaking, warranty or covenant in any agreement, arrangement or understanding between the Utility and a third party, including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment, transfer or disposal of any land or interest in land.