Subject to paragraph (2), Network Rail may acquire compulsorily such easements or other rights over any land which it is authorised to acquire under article 4 (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.

In the case of the Order land specified in column (2) of Schedule 3 (land in which only new rights etc., may be acquired), Network Rail’s powers of compulsory acquisition under article 4(1) (power to acquire land) are limited to the acquisition of such new rights as may be required for the purpose specified in relation to that land in column (3) of that Schedule.

Subject to Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 4 (modification of compensation and compulsory purchase enactments for creation of new rights)) where Network Rail acquires a right over land under paragraphs (1) or (2), Network Rail is not required to acquire a greater interest in that land.

Schedule 4 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 Order of a right over land by the creation of a new right.