The Network Rail (Felixstowe Branch Line Land Acquisition) (Agreements for Transfer) Order 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends the powers conferred under article 39 of the Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (“the 2008 Order”) to provide that Network Rail Infrastructure Limited (“Network Rail”) may enter into agreements with the Felixstowe Dock and Railway Company (“the undertaker”) for the exercise of the powers which are conferred on the undertaker by the Felixstowe Branch Line (Land Acquisition) Order 2014 (“the 2014 Order”).

The 2008 Order authorises the undertaker to construct railway works in the County of Suffolk and Borough of Ipswich and to compulsorily acquire land required for the purposes of those works. Article 39 of the 2008 Order provides that the undertaker and Network Rail may enter into and carry into effect agreements for the construction, maintenance and use of the authorised works by Network Rail or by the undertaker or by both of them jointly.

The powers conferred under the 2008 Order to construct the works (which have not been constructed) are not time limited. However, the Order provides for the powers to compulsorily acquire land to expire after the end of the period of 5 years from the coming into force of the Order and those powers therefore expired on 14th October 2013. The 2014 Order confers further powers of compulsory acquisition on the undertaker for the purposes of constructing the works authorised by the 2008 Order.

This Order extends article 39 of the 2008 Order to provide that Network Rail and the undertaker may enter into agreements for the compulsory acquisition and temporary possession of the lands authorised by the 2014 Order, as well as for the construction of the works authorised by the 2008 Order for which that land is required.