The London Overground (Barking Riverside Extension) Order 2017

Power to acquire new rights, etc.

24.—(1) TfL may acquire compulsorily such easements or other rights over any land referred to in article 21 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.

(2) TfL may impose such restrictive covenants over any land referred to in article 21 which lies, or will on completion of the authorised works lie, beneath and/or adjacent to the authorised railway and the new elevated station as may be required for the purpose of protecting the authorised railway where it is running on the viaduct comprised in Work No. 2 and the new elevated station comprised in Work No. 2.

(3) Subject to section 8 (other provisions as to divided land) of the 1965 Act (as modified by Schedule 3 (modification of compensation and compulsory purchase enactments for creation of new rights)), where TfL acquires a right over land or the benefit of a restrictive covenant over land under paragraph (1) or (2) TfL is not required to acquire a greater interest in that land.

(4) Schedule 3 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article or article 26 (new rights only to be acquired under or in certain lands) of a right over land by the creation of a new right or the imposition of a restrictive covenant.

(5) Paragraph (6) applies to land to which this article applies and which is used for the relocation of any apparatus which it is expedient to divert or replace in consequence of the carrying out of the authorised works.

(6) In relation to the land to which this paragraph applies, the power to acquire or create easements or other rights under paragraph (1) is to be treated as also authorising the acquisition or creation by a statutory undertaker in any case where the Secretary of State gives consent in writing for that acquisition or creation.

(7) The reference in paragraph (6) to a “statutory undertaker” means a licence holder within the meaning of Part 1 of the Electricity Act 1989(1), a gas transporter within the meaning of Part 1 of the Gas Act 1986(2), a water undertaker within the meaning of the Water Industry Act 1991(3), a sewerage undertaker within the meaning of Part 1 of that Act, any local authority which is a relevant local authority for the purposes of section 97 (performance of sewerage undertaker’s functions by local authorities, etc.) of that Act and a public communications provider within the meaning of section 151 (interpretation of Chapter 1) of the Communications Act 2003(4).

(1)

1989 c. 29.

(2)

1986 c. 44.

(3)

1991 c. 56.

(4)

2003 c. 21.