British Railways Act 1992

Purchase of land, etc.

19 Purchase of land

(1) The Board may purchase compulsorily and use such of the land delineated on the deposited plans and described in the deposited book of reference as they require for the purposes of the authorised works or for any purpose connected with or ancillary to their undertaking.

(2) Without prejudice to the generality of subsection (1) above, the Board may purchase compulsorily and use for the purposes specified in column (3) of Part I of Schedule 1 to this Act all or any of the land referred to in columns (1) and (2) of that Part of that schedule.

(3) The Board may enter upon, use and appropriate so much of the subsoil and undersurface of, or airspace over, any public street, road, footway or place delineated on the deposited plans 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 easement or other right therein, thereunder or thereover or to make any payment therefor.

(4) The Board shall not exercise the powers of this section or section 20 (Purchase of rights over land) of this Act in relation to any land to which section 22 (Temporary use of land and access) to this Act applies.

20 Purchase of rights over land

(1) In this section references to the purchase by the Board of new rights are references to the purchase of rights to be created in favour of the Board.

(2) Subject to the provisions of this Act, the Board may for the purpose of constructing, maintaining, protecting, altering, renewing and using the authorised works, or for the purpose of obtaining access to the authorised works or for the purpose of doing any other thing necessary in connection with the authorised works, purchase compulsorily such new rights as they require in or over any of the land delineated on the deposited plans and described in the deposited book of reference instead of purchasing that land under section 19 (Purchase of land) of this Act.

(3) The Act of 1965, as applied by this Act, shall have effect with the modifications necessary to make it apply to the compulsory purchase of new rights under subsection (2) above as it applies to the compulsory purchase of land so that, in appropriate contexts, references in the Act of 1965 to land are read as referring, or as including references, to the new rights or to land in or over which the new rights are, or are to be, exercisable, according to the requirements of the particular context.

(4) Without prejudice to the generality of subsection (3) above, in relation to the purchase of new rights under subsection (2) above—

(a) Part I of the Act of 1965 shall have effect with the modifications specified in Schedule 2 to this Act; and

(b) the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.

21 Purchase of specific new rights over land

(1) Section 20 (Purchase of rights over land) of this Act shall have effect for enabling the Board to purchase such further new rights as they require under this section.

(2) The Board may, in addition to such new rights as they may purchase under the said section 20 of this Act, purchase such new rights as they require in or over the land referred to in columns (1) and (2) of Part II of Schedule 1 to this Act for the purposes specified in column (3) of that Part of that schedule.

22 Temporary use of land and access

The provisions set out in Part III of Schedule 1 to this Act shall have effect with respect to the temporary use of land by the Board for working sites and access.