British Railways (No. 2) Order Confirmation Act 1994

Purchase of land

12 (1) The Board may purchase compulsorily and use such of the land within the limit of deviation and described in the deposited book of reference as they require for the purposes of the works or their undertaking.

(2) The Board may enter upon, use and appropriate so much of the subsoil and undersurface of, or airspace over, any public road or place within the limit of deviation 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 servitude or other right therein or thereunder or to make any payment therefor.

(3) For the purpose of section 28 of the [1979 c. 33.] Land Registration (Scotland) Act 1979 subsection (2) above shall be taken to create a real right over such land as is referred to in that subsection without any necessity to record a deed in the Register of Sasines or to register the right.