British Railways Act 1994

Part III[Section 18.] Temporary working sites

1 —In this Part of this Schedule—

• “the designated lands” means any of the lands shown on the deposited plans within the lines marked “Limit of land to be used” and numbered on those plans—

  • 2a, 3, 4 and 5a in the district of East Cambridgeshire, parish of Ely;

  • 1, 2, 5, 7, 9, 11, 13 and 14 in the borough of Glanford, parish of Brigg;

  • 1, 3, 5, 7, 10 and 14 in the borough of Glanford, parish of Scawby; and

  • 2a in the district of Bassetlaw, parish of Ranskill; and

• “the relevant works” means—

  (a)

  the reconstruction of bridge number 1569, the more south-westerly of the two bridges carrying the railway between Cambridge and Ely over the river Great Ouse;

  (b)

  the strengthening of the embankment of the railway between Gainsborough and Grimsby; and

  (c)

  the provision of a loop extension on the railway between Doncaster and Retford.

2 The Board, in connection with the construction of the relevant works and after giving to the owners and occupiers of the designated lands not less than 28 days' notice in writing of intended entry, may—

(a) enter upon and take possession temporarily of the designated lands;

(b) remove any structures and vegetation on the designated lands; and

(c) construct on the designated lands such temporary works or structures as may be required by them.

3 The Board shall not, by reason of the exercise of the powers conferred by paragraph 2 above, be required to purchase any part of the designated lands.

4 On the exercise of the powers conferred by paragraph 2 above, the following provisions shall have effect:—

(1) The Board shall not, without the agreement of the owners and occupiers of any part of the designated lands, remain in possession thereof after a period of one year from the completion of the works for which such possession has been taken:

(2) Before giving up possession of the designated lands, the Board shall remove all temporary works or structures and restore the designated lands to the reasonable satisfaction of the owners and occupiers thereof:

(3) The Board shall compensate the owners and occupiers of the designated lands for any loss or damage which may result to them by reason of the exercise of the powers of this Part:

(4) Nothing in this Part shall relieve the Board from liability to compensate under section 6 or 43 of the Act of 1845 or section 10 (2) of the Act of 1965, as incorporated with or applied by this Act, or under any other enactment, in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under sub-paragraph (3) above:

(5) Any dispute as to a person’s entitlement to compensation under sub-paragraph (3) above or as to the amount thereof shall be determined by the tribunal.