Commentary on provisions of the Act Compulsory acquisition of land Section 9: Highway subsoil
Subsection (1) provides that the nominated undertaker may take and use any subsoil beneath a highway within the Act limits without being required to acquire the subsoil or any interest in it. However, under subsection (2) this does not apply to cellars, vaults, arches or other structures which form part of a building fronting on to the highway.
	Subsections (3) and (4) provide that the powers to take subsoil or compulsorily acquire an interest in land cannot be exercised in the case of the highway land specified in the table in Schedule 12, except as regards a cellar or other underground structure which forms part of a building which fronts onto the highway, is within the Act limits, and in respect of which the power of compulsory acquisition under section 4(1) is exercisable.
	Subsection (5) provides that, in the case of highways comprised in the land specified in the table in paragraph 1 of Schedule 11 (where only subsoil lying more than 9 metres beneath the surface level of the land can be acquired compulsorily), only subsoil which is more than 9 metres beneath the level of the surface may be taken under subsection (1).
	Subsection (6) makes it clear that the restrictions in the section as regards the highway land specified in the table in Schedule 12 or in paragraph 1 of Schedule 11 do not prevent the nominated undertaker carrying out street works on those highways in exercise of the powers under the Act.
	Subsections (7) to (9) provide that compensation is payable for any loss suffered as a result of the taking and use of subsoil under this section, with any disputes about such compensation to be determined under the Land Compensation Act 1961. But this does not apply to cases relating to statutory undertakers which are covered by the costs sharing regime in section 85 of the New Roads and Street Works Act 1991.