PART 2ACQUISITION AND POSSESSION OF LAND

Temporary Possession of Land

Temporary possession of land8.

(1)

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

(a)

remove any buildings, materials (including any waste material) and vegetation from that land; and

(b)

construct temporary works (including the provision of means of access) and buildings on that land.

(2)

Subject to paragraph (11), Network Rail may, in connection with the carrying out of the authorised works, enter upon and take possession of any other land within the Order limits in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 423 (execution of declaration) of the 1981 Act and may, in connection with the carrying out of the authorised works—

(a)

remove any buildings, materials (including any waste material) and vegetation from that land;

(b)

construct temporary works (including the provision of means of access) and buildings on that land; and

(c)

construct any permanent works comprising part of the authorised works.

(3)

Not less than 14 days before entering on 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 not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a)

in the case of land specified in paragraph (1), after the end of the period of one year beginning with the date of completion of the work specified in relation to that land in column (3) of Schedule 2; or

(b)

in the case of land referred to in paragraph (2), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless Network Rail has, before the end of that period, served a notice of entry under section 11(1)24 of the 1965 Act or made a declaration under section 4 of the 1981 Act.

(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, but Network Rail is not required to—

(a)

replace a building or materials removed under this article; or

(b)

restore the land on which any works have been constructed under paragraph (2)(c).

(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 19 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2)25 (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, Network Rail is not required to acquire the land or any interest in it.

(10)

Section 1326 (refusal to give possession to 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 4(1) (application of Part 1 of the 1965 Act).

(11)

Paragraph (2) does not authorise Network Rail to take temporary possession of any land which it is not authorised to acquire under article 3(1) (power to acquire land) or any land specified in Schedule 3 (land in which only new rights may be acquired).