PART 2ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Application of Part 1 of the 1965 Act4

1

Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order—

a

as it applies to a compulsory purchase to which the Acquisition of Land Act 198110 applies; and

b

as if this Order were a compulsory purchase order under that Act.

2

Part 1 of the 1965 Act, as applied by paragraph (1), has effect with the following modifications.

3

Omit section 411 (time limit for giving notice to treat).

4

In section 4A(1)12 (extension of time limit during challenge), for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4”, substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 10 (time limit for exercise of powers of acquisition) of the Network Rail (Ferryboat Lane Footbridge Reconstruction) (Land Acquisition) Order 2021”.

5

In section 11A13 (powers of entry: further notices of entry)—

a

in subsection (1)(a), after “land” insert “under that provision”; and

b

in subsection (2), after “land” insert “under that provision”.

6

In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 10 (time limit for exercise of powers of acquisition) of the Network Rail (Ferryboat Lane Footbridge Reconstruction) (Land Acquisition) Order 2021”.

7

In Schedule 2A14 (counter-notice requiring purchase of land not in notice to treat)—

a

omit paragraphs 1(2) and 14(2); and

b

after paragraph 29, insert—

PART 4INTERPRETATION

30

In this Schedule, references to entering on and taking possession of land do not include doing so under article 6 (temporary use of land in connection with the development) of the Network Rail (Ferryboat Lane Footbridge Reconstruction) (Land Acquisition) Order 2021.