- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
18.—(1) Network Rail may—
(a)enter upon and appropriate so much of the subsoil of, or air-space over, any road or public place comprised within plot no. 4, 10, 11, or 12, or shown on sheet no. 1 of the Order plans as an area of temporary stopping up, as may be required for the purposes or in consequence of the authorised works; and
(b)use the subsoil or air-space for those purposes.
(2) Subject to paragraph (3) the powers conferred by paragraph (1) may be exercised in relation to a road or public place without Network Rail being required to acquire any part of the road or place or any servitude or other right in relation to it.
(3) Paragraph (2) does not apply to—
(a)any subway or underground building; or
(b)any cellar, vault, arch or other construction in or on a road which forms part of a building fronting onto the road or public place.
(4) Network Rail is not required to pay compensation for the exercise of the powers conferred by paragraph (1) to the roads authority in respect of a public road or to the authority in which any public place is vested.
(5) Any person other than an authority mentioned in paragraph (4) who—
(a)is an owner or occupier of land in respect of which the power conferred by paragraph (1) is exercised without Network Rail acquiring any part of that person’s interest in the land; and
(b)suffers loss by reason of the exercise of that power,
shall be entitled to compensation.
(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of compensation, shall be determined under the 1963 Act.
(7) For the purposes of section 28 of the Land Registration (Scotland) Act 1979(1), the powers conferred by this article shall constitute a real right and shall be an overriding interest.
1979 c.33. Section 28 includes a definition of “overriding interest” to which there are amendments not relevant to this Order.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: