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Greater Manchester (Light Rapid Transit System) Act 1991

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14Temporary possession or use of lands

(1)In this section—

  • “the designated lands” means so much of the lands numbered on the deposited plans 1 to 8 in the city of Salford as lies within the lines marked “Limit of land to be acquired” on the deposited plans;

  • “the specified works” means Work No. 1 authorised by the [1990 c. xv.] Greater Manchester (Light Rapid Transit System) Act 1990.

(2)The Executive, in connection with the specified works and after giving to the owners and occupiers of the designated lands not less than 28 days' previous notice in writing may—

(a)enter upon and take possession temporarily of the designated lands;

(b)construct on the designated lands such temporary works and structures as may be required by the Executive;

(c)remove any structures and vegetation on the designated lands.

(3)On the exercise of the powers conferred by subsection (2) above, the following provisions shall have effect:—

(a)The Executive shall not be empowered to purchase compulsorily or be required to purchase any part of the designated lands;

(b)The Executive shall not, without the agreement of the owners and occupiers of the designated lands, remain in possession of any part thereof after a period of one year from the completion of the specified works;

(c)Before giving up possession of the designated lands, the Executive shall, unless otherwise agreed by the owners and occupiers of the designated lands, remove all temporary works or structures and restore those lands to the reasonable satisfaction of the owners and occupiers thereof;

(d)The Executive shall compensate the owners and occupiers of the designated lands for any loss or damage which may result to them by reason of the exercise of the powers of subsection (2) above;

(e)Nothing in this section shall relieve the Executive from liability to compensate under section 10 (2) of the [1965 c. 56.] Compulsory Purchase Act 1965, as applied by this Act 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 (d) above;

(f)Any dispute as to a person’s entitlement to compensation under paragraph (d) above or as to the amount thereof shall be determined by the tribunal.

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