Extinguishment of private rights of way8

1

All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished—

a

in the case of land held by the Secretary of State immediately before the coming into force of this Order, on the coming into force of this Order, and

b

in the case of land acquired by the Secretary of State after the coming into force of this Order, at the appropriate time.

2

For the purposes of paragraph (1)(b) above, the appropriate time is the time of acquisition, except where land—

a

is acquired compulsorily, and

b

is land in respect of which the power conferred by section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised,

in which case it is the time of entry under that provision.

3

Any person who suffers loss by the extinguishment of any right of way under this article shall be entitled to be compensated by Union Railways.

4

Any dispute as to a person’s entitlement to compensation under this article, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 196110.

5

This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 applies.