Part 2

Leasehold reform
Chapter 2

Collective enfranchisement by tenants of flats

Qualifying rules

Premises including railway track
116
In section 4 of the 1993 Act (premises in the case of which right does not apply), insert at the end—
5
This Chapter does not apply to premises falling within section 3(1) if the freehold of the premises includes track of an operational railway; and for the purposes of this subsection—
a
“track” includes any land or other property comprising the permanent way of a railway (whether or not it is also used for other purposes) and includes any bridge, tunnel, culvert, retaining wall or other structure used for the support of, or otherwise in connection with, track,
b
“operational” means not disused, and
c
“railway” has the same meaning as in any provision of Part 1 of the Railways Act 1993 (c. 43) for the purposes of which that term is stated to have its wider meaning.
S. 116 wholly in force at 1.1.2003; s. 116 not in force at Royal Assent, see s. 181(1); s. 116 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2); s. 116 in force at 1.1.2003 for W. by S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2)