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.”.

Application of the 1981 Act20.

(1)

The 1981 Act applies as if this Order were a compulsory purchase order.

(2)

The 1981 Act, as so applied by paragraph (1), has effect with the following modifications.

(3)

In section 5 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.

(4)

Omit section 5A34 (time limit for general vesting declaration).

(5)

In section 5B35 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” 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”.

(6)

In section 636 (notices after execution of declaration), in subsection (1)(b), for “section 15 of, or paragraph 6 of Schedule 1 to the Acquisition of Land Act 1981” substitute “section 14A of the Transport and Works Act 1992”.

(7)

In section 737 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(8)

In Schedule A138 (counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2).

(9)

References to the 1965 Act are construed as references to that Act as applied to the acquisition of any interests in land by article 19 (application of Part 1 of the 1965 Act).

Power to acquire new rights21.

(1)

Network Rail may acquire compulsorily such easements or other rights over the land specified in column (2) of Schedule 3 (land in which only new rights etc., may be acquired) as may be required for the purposes specified in column (3) of that Schedule, by creating them as well as by acquiring easements or other rights already in existence.

(2)

Subject to Schedule 2A (counter-notice requiring purchase of land) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 8 (modification compensation and compulsory purchasing enactments for creation of new rights)) where Network Rail acquires a right over land under paragraph (1) Network Rail is not required to acquire a greater interest in that land.

(3)

Schedule 8 has effect for the purpose of modifying the enactments relating to compensation, and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.

Temporary possession or use of land

Temporary use of land for construction of works22.

(1)

— Network Rail may in connection with the carrying out of the authorised works enter upon and take temporary possession of the land specified in columns (1) and (2) of Schedule 4 (land of which temporary possession may be taken) for the purposes specified in relation to that land in column (3) of that Schedule.

(2)

Not less than 14 days before entering upon and taking temporary possession of land under this article Network Rail must serve notice of the intended entry on the owners and occupiers of the land.

(3)

Network Rail may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the authorised works for the purposes of which temporary possession of that land was taken.

(4)

Before giving up possession of land of which temporary possession has been taken under this article, Network Rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but Network Rail is not required to—

(a)

replace a building removed in connection with the carrying out of the authorised works; or

(b)

restore the land on which any permanent works have been constructed under article 5 (power to construct and maintain works).

(5)

Network Rail must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(6)

Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.

(7)

Without affecting article 33 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2)39 (further provision as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage for which compensation is payable under paragraph (5).

(8)

Where Network Rail takes possession of land under this article, it is not required to acquire the land or any interest in it.

(9)

Section 1340 (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land under this article.

Temporary use of land for maintenance of works23.

(1)

Subject to paragraph (2), at any time during the maintenance period relating to the authorised works, Network Rail may—

(a)

enter upon and take temporary possession of any land within Order limits if such possession is reasonably required for the purpose of maintaining the authorised works; and

(b)

construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2)

Paragraph (1) does not authorise Network Rail to take temporary possession of—

(a)

any house or garden belonging to a house; or

(b)

any building (other than a house) if it is for the time being occupied.

(3)

Not less than 28 days before entering upon and taking temporary possession of land under this article, Network Rail must serve notice of the intended entry on the owners and occupiers of the land.

(4)

Network Rail may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of works for which possession of the land was taken.

(5)

Before giving up possession of land of which temporary possession has been taken under this article, Network Rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6)

Network Rail must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(7)

Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.

(8)

Without affecting article 33 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).

(9)

Where Network Rail takes possession of land under this article, it is not required to acquire the land or any interest in it.

(10)

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 rights in land under this Order by virtue of article 19 (application of Part 1 of the 1965 Act).

(11)

In this article “the maintenance period”, in relation to the authorised works, means the period of 12 months beginning with the date on which the authorised works are completed.

Compensation

Disregard of certain interests and improvements24.

(1)

In assessing the compensation payable to any person on the acquisition from that person of any land under this Order, the tribunal must not take into account—

(a)

any interest in land; or

(b)

any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2)

In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

Supplementary

Extinction or suspension of private rights of way25.

(1)

Subject to the provisions of this article—

(a)

all private rights of way over land of which Network Rail takes temporary possession under this Order are suspended and unenforceable for as long as Network Rail remains in lawful possession; and

(b)

all private rights of way over land subject to the compulsory acquisition of rights under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right as from the date of the acquisition of the right by Network Rail, whether compulsorily or by agreement, or on the date of entry on the land by Network Rail under section 11(1)41 of the 1965 Act, whichever is the sooner.

(2)

Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(3)

Paragraph (1) and (2), have effect subject to—

(a)

any notice given by Network Rail before Network Rail’s taking temporary possession of the land, that any or all of those paragraphs do not apply to any right of way specified in the notice; and

(b)

any agreement made between Network Rail and the person in or to whom the right of way in question is vested or belongs which makes reference to this article; whether that agreement was made before or after any of the events mentioned in sub-paragraph (a), or before or after the coming into force of this Order.

(4)

If any such agreement as is mentioned in sub-paragraph (3)(b) is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Time limit for exercise of powers of acquisition26.

(1)

After the end of the period of 5 years beginning on the day on which this Order comes into force—

(a)

no notice to treat is to be served under Part 1 of the 1965 Act as applied to the acquisition of rights or easements over land by article 19 (application of Part 1 of the 1965 Act); and

(b)

no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act42 as applied by article 20 (application of the 1981 Act).

(2)

The powers conferred by article 21 (power to acquire new rights), article 22 (temporary use of land for construction of works) and article 23 (temporary use of land for maintenance of works) cease at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents Network Rail from remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period.