British Railways Act 1992

SCHEDULES

SCHEDULE 1 Lands

Part I Land referred to in section 19 (2) of this Act[Section 19 (2).]

Area	Number on deposited plans	Purpose for which land may be used
(1)	(2)	(3)
Borough of Ashford, town of Ashford.	6, 7, 10.	Temporary working site for construction purposes.
	10.	Improvements to highway.
	10 to 38.	International passenger station, including car parking and access.
	37, 39.	Maintenance depot and access.
	37, 40, 41, 43.	Maintenance depot and access.
Borough of Tonbridge and Malling, parish of Ightham.	3.	Working site and means of access.

Part II Land referred to in section 21 (2) of this Act[Section 21 (2).]

Area	Number on deposited plans	Purpose for which land may be used
(1)	(2)	(3)
London borough of Camden.	1 to 4, 8.	Means of access.
Borough of Tonbridge and Malling, parish of Ightham.	4.	Means of access.

Part III Temporary use of land for working sites and access[Section 22.]

1 In this Part of this schedule—

• “the access lands” means any of the lands shown on the deposited plans within a line marked “Limit of land to be temporarily used” specified in columns (1) and (2) of the following table providing access to the highway specified in column (3):—

  Area	Land numbered on the deposited plans	Highway to which access to be provided
  (1)	(2)	(3)
  In the district of Sevenoaks, parish of Sevenoaks.	1, 3, 4.	Water Cress Drive.

• “the works land” means the following land shown on the deposited plans:—

  Area	Land numbered on the deposited plans
  (1)	(2)
  In the borough of Tonbridge and Malling, parish of Ightham.	2.

• “the station lands” means any of the following lands of the Board shown on the deposited plans:—

  Area	Land numbered on the deposited plans
  (1)	(2)
  In the borough of Maidstone, parish of Headcorn.	8.
  In the borough of Tonbridge and Malling, parish of Borough Green.	1.

• “the relevant lands” means any of the access lands or the works land.

2 In connection with the construction of the authorised works the Board may—

(1) establish and maintain a working site on each of the station lands;

(2) after giving to the owners and occupiers of the relevant lands not less than 28 days' notice in writing stating the purpose for which it is required—

(a) take possession of, and establish and maintain a working site on, the works land, remove such structures or vegetation on the land as may be necessary for the purpose so stated and construct on the land such temporary works or structures as they may require for that purpose; and

(b) use the access lands for access for purposes connected with the construction of the authorised works.

3 The Board shall not by reason of the exercise of the powers of this Part of this schedule be required to purchase any part of any relevant lands.

4 The Board shall not, without the agreement of the owners and occupiers of the works land, remain in possession of any part of that land after a period of one year from the completion of the works for which such possession has been taken.

5 Before giving up possession of the works land the Board shall remove all temporary works or structures and restore the land to the reasonable satisfaction of the owners and occupiers thereof.

6 (a) The Board shall compensate the owners and occupiers of the relevant lands for any loss or damage which may result to them by reason of the powers of this Part of this schedule.

(b) Nothing in this section shall relieve the Board from liability to compensate under section 6 or 43 of the Act of 1845 or section 10 (2) of the Act of 1965, as incorporated with or applied by this Act, or under any other enactment, in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (a) above.

7 Any dispute as to a person’s entitlement to compensation under paragraph 6 above or as to the amount thereof shall be determined by the tribunal.

Section 19 (4).

SCHEDULE 2 Modification of Part I Compulsory Purchase Act 1965 for purchase of new rights

1 In the [1965 c. 56.] Compulsory Purchase Act 1965 (hereinafter in this Schedule referred to as“the Act”) for section 7 (which relates to compensation) there shall be substituted the following:—

“7 (1) In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land in or over which the right is purchased is depreciated by the purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.

(2) The modifications subject to which subsection (1) of section 44 of the [1973 c. 26.] Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words “land is acquired or taken” there shall be substituted “a right in or over land is purchased” and for the words “acquired or taken from him” there shall be substituted “in or over which the right is exercisable”.”.

2 For section 8 of the Act (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following:—

“8 (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right in or over land consisting of a house, building or manufactory or of a park or garden belonging to a house (hereafter in this subsection referred to as“the relevant land”)—

(a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Tribunal (hereafter in this section referred to as“the tribunal”); and

(b) before the tribunal has determined that question the person satisfies the tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and—

(i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or

(ii) where the land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs;

the British Railways Act 1992 shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the tribunal directs.

(2) Any question as to the extent of the land in which the British Railways Act 1992 is deemed to authorise the purchase of an interest by virtue of subsection (1) above shall be determined by the tribunal.

(3) Where, in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) above, the British Railways Act 1992 is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the acquiring authority to withdraw the notice.

(4) The modifications subject to which subsection (1) of section 58 of the [1973 c. 26.] Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to the duty of the tribunal in determining whether it is satisfied as mentioned in subsection (1) above, are that at the beginning of paragraphs (a) and (b) there shall be inserted the words “a right over”, for the word “severance” shall be substituted “right in or over the whole of the house, building or manufactory or of the house and the park or garden” and for the words “part proposed” and “part is” there shall be substituted respectively “right proposed” and “right is”.”

3 The following provisions of the Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), namely:—

• section 9 (4) (failure of owners to convey);

• paragraph 10 (3) of Schedule 1 (owners under incapacity);

• paragraph 2 (3) of Schedule 2 (absent and untraced owners); and

• paragraphs 2 (3) and 7 (2) of Schedule 4 (common land);

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.

4 Section 11 of the Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any rights, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff’s warrant in the event of obstruction) of the Act shall be modified correspondingly.

5 Section 20 of the Act (compensation for short term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.

6 Section 22 of the Act (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable that acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation.