The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016

3.—(1) The Executive must not exercise the powers conferred by article 18 (power to survey and investigate land) or the powers conferred by section 11(3) (powers of entry) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2) The Executive must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(3) The Executive must not under the powers conferred by this Order acquire or use or acquire new rights over any railway property except with the consent of Network Rail.

(4) The Executive must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of telecommunications code system operators: preliminary notices) of the 1990 Act, as applied by Schedule 4, in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

(5) Where Network Rail is asked to give its consent or agreement pursuant to sub-paragraphs (1), (2), (3) or (4), such consent or agreement must not be unreasonably withheld but may be given subject to reasonable conditions.