The Network Rail (Ferryboat Lane Footbridge Reconstruction) (Land Acquisition) Order 2021

Extinction of private rights of way

9.—(1) All private rights of way over the land shown numbered 5 on the deposited plan are extinguished on entry by Network Rail on that land in connection with the development.

(2) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(3) Paragraph (1) has effect subject to—

(a) any notice given by Network Rail before—

(i) the completion of the acquisition of;

(ii) Network Rail’s appropriation of; or

(iii) Network Rail’s entry onto,

the land, that paragraph (1) does not apply to any right of way specified in the notice; and

(b) any agreement made (whether before or after any of the events mentioned in sub-paragraph (a) and before or after the coming into force of this Order) which makes reference to this article between Network Rail and the person in or to whom the right of way in question is vested or belongs.

(4) If any such agreement as is mentioned in paragraph (3)(b) is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.