PART 3ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Application of Part 1 of the 1965 Act19.

(1)

Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of any interests in land under this Order—

(a)

as it applies to a compulsory purchase to which the Acquisition of Land Act 198129 applies; and

(b)

as if this Order were a compulsory purchase order under that Act.

(2)

Part 1 of the 1965 Act as so applied, has effect with the following modifications.

(3)

Omit section 4 (which provides a time limit for compulsory purchase of land).

(4)

In section 4A(1)30 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4”, substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 26 (time limit for exercise of powers of acquisition) of the Network Rail (Suffolk Level Crossing Reduction) Order 2020.”.

(5)

In section 11(1B)31 (powers of entry) in a case where the notice to treat relates only to the acquisition of an easement or other right over land, for “3 months” substitute “1 month”.

(6)

In section 11A32 (powers of entry: further notices of entry)—

(a)

in subsection (1)(a), after “land” insert “under that provision”;

(b)

in subsection (2), after “land” insert “under that provision”.

(7)

In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 26 (time limit for exercise of powers of acquisition) of the Network Rail (Suffolk Level Crossing Reduction) Order 2020”.

(8)

In Schedule 2A33 (counter-notice requiring purchase of land not in notice to treat)—

(a)

omit paragraphs 1(2) and 14(2); and

(b)

after paragraph 29 insert—

“PART 4INTERPRETATION

30.

In this Schedule, references to entering on and taking possession of land do not include doing so under articles 22 (temporary use of land for construction of works) and 23 (temporary use of land for maintenance of works) of the Network Rail (Suffolk Level Crossing Reduction) Order 2020.”.