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British Railways Act 1993

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Purchase of land, etc.

28Purchase of land

(1)The Board may purchase compulsorily and use such of the land delineated on the deposited plans and described in the deposited book of reference as they require for the purposes of the works or for any purpose connected with or ancillary to their undertaking.

(2)Without prejudice to the generality of subsection (1) above, the Board may purchase compulsorily and use for the purposes specified in column (3) of Part I of Schedule 3 to this Act all or any of the land referred to in columns (1) and (2) of that Part of that Schedule.

(3)The Board may enter upon, use and appropriate so much of the subsoil and undersurface of, or airspace over, any public street, road, footway or place delineated on the deposited plans and described in the deposited book of reference as shall be necessary for the purposes of subsection (1) above without being required to purchase the same or any easement or other right therein, thereunder or thereover or to make any payment therefor.

(4)The Board shall not exercise the powers of this section or section 29 (Purchase of rights over land) of this Act in relation to any land to which section 31 (Temporary use of land) of this Act applies.

29Purchase of rights over land

(1)Subject to the provisions of this Act, the Board may for the purpose of constructing, maintaining, protecting, altering, renewing and using the works, or for the purpose of obtaining access to the works or for the purpose of doing any other thing necessary in connection with the works, purchase compulsorily such new rights as they require over any of the land delineated on the deposited plans and described in the deposited book of reference instead of purchasing that land under section 28 (Purchase of land) of this Act.

(2)The Act of 1965, as applied by this Act, shall have effect with the modifications necessary to make it apply to the compulsory purchase of new rights under subsection (1) above and under section 30 (Purchase of specific new rights over land) of this Act as it applies to the compulsory purchase of land so that, in appropriate contexts, references in the Act of 1965 to land are read as referring, or as including references, to the new rights or to land over which the new rights are, or are to be, exercisable, according to the requirements of the particular context.

(3)Without prejudice to the generality of subsection (2) above, in relation to the purchase of new rights under subsection (1) above and under section 30 (Purchase of specific new rights over land) of this Act—

(a)Part I of the Act of 1965 shall have effect with the modifications specified in Schedule 4 to this Act; and

(b)the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.

30Purchase of specific new rights over land

(1)The Board may, in addition to such new rights as they may purchase under section 29 (Purchase of rights over land) of this Act, purchase such new rights as they require in or over any of the lands shown on the deposited plans within the lines marked “Limit of land to be used” or “Limit of access to be acquired” and specified in Part II of Schedule 3 to this Act for the provision of means of access to the highways there mentioned.

(2)Where in column (3) of the said Part II reference is made to a lettered point, the Board may form and lay out means of access at that point to the highway there named.

31Temporary use of land

The provisions set out in Part III of Schedule 3 to this Act shall have effect with respect to the temporary use of land by the Board for working sites.

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