PART 3ACQUISITION AND POSSESSION OF LAND

Powers of Acquisition

Temporary possession or use of land

Temporary use of land for access

11.—(1) Network Rail or any person authorised by Network Rail may use any land specified in Schedule 2 (land over which temporary rights of access may be exercised) for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction of the authorised works.

(2) The power under paragraph (1) is exercisable on giving at least 7 days’ notice (or, where access is urgently required, such notice as is reasonably practicable) to the owners and occupiers of the land.

(3) Network Rail shall pay compensation to the owners and occupiers of the land to which paragraph (1) applies for any loss or damage arising from the exercise of the power conferred by that paragraph.

(4) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of such compensation, shall be determined under Part 1 of the 1961 Act.

(5) Section 13 (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of article 5 (application of Part 1 of the 1965 Act).