The Network Rail (Closure of Abbots Ripton Level Crossing) Order 2017

Power to acquire new rights

8.—(1) Network Rail may acquire compulsorily, by the creation of a new right or rights, such easements or other rights over the land within the plots shown numbered 2, 3, 4, 5, 6, 7, 8, 9 and 10 on the deposited plan as it may require for the purposes of construction and maintenance of the authorised works.

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

(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 1981(1) applies; and

(b) as if this Order were a compulsory purchase Order under that Act.

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

(4) In section 6 (notices after execution of general vesting declaration) of the 1981 Act as applied by paragraph (3), for the reference to the invitation under section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981, there shall be substituted a reference to the invitation under section 14A(3) of the Transport and Works Act 1992(2).

(5) Schedule 1 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act and the 1981 Act in their application in relation to the compulsory purchase under this article of a right over land by the creation of a new right.

(1)

1981 c. 67.

(2)

Section 14A of the Transport and Works Act 1992 was inserted by article 5 of the Housing and Planning (Compulsory Purchase)(Corresponding Amendments) Regulations 2017 (S.I. 2017/16).