SCHEDULES

SCHEDULE 15Temporary possession and use of land

PART 3Suspension of rights and enforcement

Suspension of rights relating to land

8

1

All private rights over land of which the nominated undertaker takes possession under paragraph 1(1) or (2) or 6 are suspended and unenforceable for as long as the nominated undertaker remains in lawful possession of the land.

2

The nominated undertaker may, in relation to a private right, direct—

a

that sub-paragraph (1) does not apply to the right, or

b

that sub-paragraph (1) applies to the right only to the extent specified in the direction.

3

In this paragraph, “private rights” include—

a

private rights of way over land,

b

rights of common,

c

easements, liberties, privileges, rights or advantages annexed to land and adversely affecting other land, including any natural right to support, and

d

restrictions as to the user of land arising under a contract.

4

Any person who suffers loss by reason of the suspension of a right under sub-paragraph (1) is entitled to be compensated by the nominated undertaker.

5

Any dispute as to a person's entitlement to compensation under sub-paragraph (4), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

6

This paragraph applies to a private right which is for the benefit of Crown land if the Crown authority consents (and consent may be subject to conditions).

9

1

All general rights over land of which the nominated undertaker takes possession under paragraph 1(1) or (2) or 6 are suspended and unenforceable for as long as the nominated undertaker remains in lawful possession of the land.

2

The nominated undertaker may, in relation to a general right, direct—

a

that sub-paragraph (1) does not apply to the right, or

b

that sub-paragraph (1) applies to the right only to the extent specified in the direction.

3

In this paragraph, references to “general rights” over land are to—

a

rights to access land (however expressed) which are exercisable as a result of section 2(1) of the Countryside and Rights of Way Act 2000 or an enactment mentioned in section 15 of that Act,

b

other public rights over land which are conferred by an enactment, and

c

rights exercisable as a result of trusts, or incidents, to which a common, town or village green, open space or allotment is subject.

Enforcement

10

1

Section 13 of the Compulsory Purchase Act 1965 (refusal to give possession to acquiring authority) applies for the purposes of this Schedule as if—

a

references to the acquiring authority were to the nominated undertaker,

b

references to compensation payable to the person refusing to give possession were to compensation payable under this Schedule, and

c

in subsection (1), for “this Act” there were substituted “ Schedule 15 to the High Speed Rail (West Midlands - Crewe) Act 2021 ”.

2

In the case of Crown land, that section does not, by virtue of sub-paragraph (1), apply as against the Crown authority for that land.