Art. 21 in force at 13.11.2012, see art. 1

http://www.legislation.gov.uk/uksi/2012/2679/article/21The Chiltern Railways (Bicester to Oxford Improvements) Order 2012Railway companiesRoad worksCompulsory purchaseLegislationPlanning (town and country)enTRANSPORT AND WORKS, ENGLANDTRANSPORT, ENGLANDStatute Law Database2026-06-30Expert Participation2017-01-01This Order authorises The Chiltern Railway Company Limited to construct a new railway (including the reconstruction of existing railway) and associated works between Bicester and Oxford together with the construction or reconstruction of stations at Bicester Town, Islip, Water Eaton and Oxford in order to facilitate the operation of direct railway services between London Marylebone, High Wycombe, Bicester Town and Oxford. The Order authorises the acquisition and use of land for the purposes of the works and confers powers in connection with the construction and operation of the railway.PART 2WORKS PROVISIONSSupplemental powers
Power to survey and investigate land21.(1)

Subject to article 31 (limitation of powers), the Company may for the purposes of this Order—

(a)

survey or investigate any land shown within the Order limits or which may be affected by the authorised works;

(b)

without limitation on the scope of sub-paragraph (a), make trial holes in such positions as the Company thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;

(c)

without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on the land;

(d)

place on, leave on and remove from the land apparatus for use in connection with the surveying and investigation of land and making of trial holes; and

(e)

enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (d).

(2)

No land may be entered or equipment placed or left on or removed from the land under paragraph (1), unless at least 7 days’ notice has been served on every owner and occupier of the land.

(3)

Any person entering land under this article on behalf of the Company—

(a)

must, if so required, before or after entering the land produce written evidence of authority to do so; and

(b)

may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4)

No trial holes are to be made under this article—

(a)

in a carriageway or footway without the consent of the highway authority; or

(b)

in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld.

(5)

The Company must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(6)

Nothing in this article obviates the need to obtain scheduled monument consent under the Ancient Monuments and Archaeological Areas Act 1979

1979 c. 46.

.

(7)

If either a highway authority or a street authority fails to notify the Company of its decision within 14 days of receiving an application for consent under paragraph (4), that authority is deemed to have granted consent.