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London Underground (Safety Measures) Act 1991

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21Temporary possession of land

(1)In this section “the said lands” means the land in the London borough of Southwark delineated on the deposited plans and marked “Limit of temporary working site” and the land in that borough numbered 16 on the deposited plans.

(2)The Company may, for the purpose of enabling the Company to construct Works Nos. 1 to 8 at London Bridge enter upon and take possession temporarily of the said lands in the London borough of Southwark after giving to the owners, lessees and occupiers thereof not less than one month’s previous notice in writing and may remove any structures thereon and may construct temporary works and structures thereon for such purpose:

Provided that the Company—

(a)shall not without the agreement of the owners, lessees and occupiers thereof remain in possession of the said lands under the powers of this section after a period of five years from the date of entry thereon;

(b)shall not be empowered to purchase compulsorily or be required to purchase the said lands (except such subsoil or new rights as they require under the provisions of section 17 (Power to acquire subsoil or new rights only in certain cases) of this Act).

(3)Before relinquishing possession of the said lands the Company shall remove all works and structures erected by them on the surface thereof and shall, subject to any agreement to the contrary with the respective owners, lessees or occupiers thereof, reinstate the said lands so far as reasonably practicable to the same condition immediately before entry thereon by the Company.

(4)The Company shall compensate the owners and occupiers of the said lands for any loss or damage which may result to them by reason of the exercise of the powers conferred by subsection (2) above.

(5)Nothing in this section shall relieve the Company from liability to compensate under section 6 or 43 of the Act of 1845, as incorporated with or applied by this Act, or under any other enactment, in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under subsection (4) above.

(6)Any dispute as to a person’s entitlement to compensation under subsection (4) above or as to the amount thereof shall be settled by arbitration.

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