The Network Rail (Seaham Level Crossing) Order 2013

Extinction or suspension of private rights

12.—(1) Subject to paragraph (5), all private rights of way over land subject to compulsory acquisition under this Order and any other private rights over that land which are inconsistent with the purposes of the authorised works are extinguished—

(a) as from the date of acquisition of the land by Network Rail, whether compulsorily or by agreement; or

(b) on the date of entry on the land by Network Rail under section 11(1) of the 1965 Act,

whichever is the sooner.

(2) Subject to paragraph (5), all private rights of way over land of which Network Rail takes temporary possession under this Order and any other private rights over that land which are inconsistent with the purposes of the authorised works are suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.

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

(4) This article does not apply in relation to any right of way to which section 271 or 272 of the 1990 Act (extinguishment of rights of statutory undertakers, etc.) or paragraph 2 of the Schedule (provisions relating to statutory undertakers, etc.) applies.

(5) Paragraphs (1) and (2) have effect subject to—

(a) any notice given by Network Rail before the completion of the acquisition of the land, Network Rail’s entry onto it or Network Rail’s taking temporary possession of it that either or both of those paragraphs do not apply to any right specified in the notice; and

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

(6) If any such agreement as is mentioned in sub-paragraph (5)(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 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.