4.—(1) Network Rail may acquire compulsorily so much of the land shown on the deposited plans and described in the book of reference as may be required for or in connection with the authorised works, and it may use any land so acquired for those purposes or for any other purposes ancillary to its railway undertaking.
(2) This article is subject to paragraph (2) of article 7 (power to acquire new rights), paragraph (8) of article 10 (temporary use of land for construction of works), and paragraph (7) of article 13 (cranes) and does not apply to any land specified in Schedule 2 (land over which temporary rights of access may be exercised).
5.—(1) Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order—
(a)as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and
(b)as if this Order were a compulsory purchase order under that Act.
(2) In its application by virtue of paragraph (1), the 1965 Act has effect subject to the following modifications.
(3) Omit section 4(1) (time limit for giving notice to treat).
(4) In section 4A(1)(2) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4”, substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 16 (time limit for exercise of powers of acquisition) of the Network Rail (London to Corby)(Land Acquisition) Order 2020(3)”.
(5) In section 11(1B)(4) (powers of entry) in a case where the notice to treat relates only to the acquisition of an easement or other right over land, for “3 months” substitute “1 month”.
(6) In section 11A(5) (powers of entry: further notices of entry) –
(a)in subsection (1)(a), after “land” insert “under that provision”;
(b)in subsection (2), after “land” insert “under that provision”.
(7) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 16 of the Network Rail (London to Corby)(Land Acquisition) Order 2020”.
(8) In Schedule 2A(6) (counter-notice requiring purchase of land not in notice to treat)—
(a)for paragraphs 1(2) and 14(2) substitute—
“(2) But see article 8 (power to acquire subsoil or airspace only) of the Network Rail (London to Corby)(Land Acquisition) Order 2020, which excludes the acquisition of subsoil or airspace only from this Schedule.”; and
(b)after paragraph 29 insert—
30. In this Schedule, references to entering on and taking possession of land do not include doing so under articles 10 (temporary use of land for construction of works) and 12 (temporary use of land for maintenance of works) of the Network Rail (London to Corby)(Land Acquisition) Order 2020.”
6.—(1) The 1981 Act applies as if this Order were a compulsory purchase order.
(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.
(3) In section 5 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.
(4) Omit section 5A(7) (time limit for general vesting declaration).
(5) In section 5B(8) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 16 (time limit for exercise of powers of acquisition) of the Network Rail (London to Corby)(Land Acquisition) Order 2020”.
(6) In section 6(9) (notices after execution of declaration), in subsection (1)(b), for “section 15 of, or paragraph 6 of Schedule 1 to the Acquisition of Land Act 1981” substitute “section 14A of the Transport and Works Act 1992”.
(7) In section 7(10) (constructive notice to treat), in subsection (1)(a), omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”.
(8) In Schedule A1(11) (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—
“(2) But see article 8 (power to acquire subsoil or airspace only) of the Network Rail (London to Corby)(Land Acquisition) Order 2020, which excludes the acquisition of subsoil or airspace only from this Schedule.”.
(9) References to the 1965 Act in the 1981 Act are to be construed as references to that Act as applied to the acquisition of land under article 4 (power to acquire land) by article 5 (application of Part 1 of the 1965 Act).
7.—(1) 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.
(2) 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.
(3) 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.
(4) 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.
8.—(1) Network Rail may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (1) of article 4 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
(2) Where Network Rail acquires any part of, or rights in, the subsoil of or the airspace over land under paragraph (1), Network Rail is not required to acquire an interest in any other part of the land.
(3) Paragraph (2) does not prevent Schedule 2A to the 1965 Act (as modified by article 5 (application of Part 1 of the 1965 Act)) or Schedule A1 to the 1981 Act (as modified by article 6 (application of the 1981 Act)) from applying where Network Rail acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.
9.—(1) Network Rail may enter upon and appropriate so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised works and may use the subsoil or airspace for those purposes or any other purpose ancillary to its railway undertaking.
(2) Subject to paragraph (4), Network Rail may exercise any power conferred by paragraph (1) in relation to a street without Network Rail being required to acquire any part of the street or any easement or right in the street.
(3) Paragraph (2) does not apply in relation to—
(a)any subway or underground building; or
(b)any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.
(4) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without Network Rail acquiring any part of that person’s interest in the land, and who suffers loss by the exercise of that power, is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing of cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.
10.—(1) Network Rail may, in connection with the carrying out of the authorised works—
(a)enter on and take temporary possession of—
(i)the land specified in columns (1) and (2) of Schedule 5 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule relating to the authorised works specified in column (4) of that Schedule; and
(ii)subject to paragraph (11), any other Order land in respect of which no notice of entry has been served under section 11(12) (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4(13) (execution of declaration) of the 1981 Act;
(b)remove any buildings and vegetation from that land;
(c)construct temporary works (including the provision of means of access) and buildings on that land; and
(d)construct any permanent works specified in relation to that land in column (3) of Schedule 5 or any mitigation works on that land.
(2) Not less than 28 days before entering on and taking temporary possession of land under this article Network Rail must serve notice of the intended entry on the owners and occupiers of the land.
(3) Network Rail may not, without the agreement of the owners of the land, remain in possession of any land under this article—
(a)in the case of land specified in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of completion of the work specified in relation to that land in column (4) of Schedule 5; or
(b)in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of this land was taken unless Network Rail has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act.
(4) Before giving up possession of land of which temporary possession has been taken under this article, Network Rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but Network Rail is not to be required to replace a building removed under this article or restore the land on which any works have been constructed under paragraph (1)(d).
(5) Network Rail must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.
(7) Without affecting article 22 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2)(14) (further provision as to compensation for injurious affection) of the 1965 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 paragraph (5).
(8) The powers of compulsory acquisition of land conferred by this Order do not apply in relation to the land referred to in paragraph (1)(a)(i).
(9) Where Network Rail takes possession of land under this article, Network Rail is not required to acquire the land or any interest in it.
(10) Section 13(15) (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of article 5 (application of Part 1 of the 1965 Act).
(11) Paragraph (1)(a)(ii) does not authorise Network Rail to take temporary possession of any land which it is not authorised to acquire under article 4 (power to acquire land) or any land specified in Schedule 2 (land over which temporary rights of access may be exercised) or Schedule 3 (land in which only new rights etc., may be acquired).
11.—(1) Network Rail or any person authorised by Network Rail may use any land specified in Schedule 2 (land over which temporary rights of access may be exercised) for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction of the authorised works.
(2) The power under paragraph (1) is exercisable on giving at least 7 days’ notice (or, where access is urgently required, such notice as is reasonably practicable) to the owners and occupiers of the land.
(3) Network Rail shall pay compensation to the owners and occupiers of the land to which paragraph (1) applies for any loss or damage arising from the exercise of the power conferred by that paragraph.
(4) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of such compensation, shall be determined under Part 1 of the 1961 Act.
(5) Section 13 (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of article 5 (application of Part 1 of the 1965 Act).
12.—(1) Subject to paragraph (2), at any time during the maintenance period relating to any of the authorised works, Network Rail may enter upon and take temporary possession of any Order land if such possession is reasonably required for the purpose of maintaining that work or any ancillary works connected with it.
(2) Paragraph (1) does not authorise Network Rail to take temporary possession of—
(a)any house or garden belonging to a house;
(b)any building (other than a house) if it is for the time being occupied
(3) Not less than 28 days before entering upon and taking temporary possession of land under this article Network Rail must serve notice of the intended entry on the owners and occupiers of the land.
(4) Network Rail may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of works for which possession of the land was taken.
(5) Before giving up possession of land of which temporary possession has been taken under this article, Network Rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
(6) Network Rail must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.
(8) Without affecting article 22 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 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 paragraph (6).
(9) Where Network Rail takes possession of land under this article, it is not required to acquire the land or any interest in it.
(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of article 5 (application of Part 1 of the 1965 Act).
(11) In this article “the maintenance period” in relation to any of the authorised works means the period of 5 years beginning with the date on which the work is opened for use.
13.—(1) Network Rail may enter upon and use airspace above the surface of land specified in paragraph (8) for the oversailing of cranes used by Network Rail in connection with the construction of the authorised works.
(2) The power under paragraph (1) is exercisable on giving at least 7 days’ notice to the owners and occupiers of the land.
(3) Network Rail may not, without the agreement of the owners of the land, use airspace above the surface of the land as mentioned in paragraph (1) after the end of 7 days beginning with the date of completion of the activities for which the crane has been used.
(4) Network Rail must pay compensation to the owners and occupiers of land above which the power under paragraph (1) is exercised for any loss which they may suffer by reason of the exercise of that power.
(5) Any dispute as to a person’s entitlement to compensation under paragraph (4), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the 1961 Act.
(6) Nothing in this section affects any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 Act (as applied by article 5(1) to the acquisition of land under article 4(1)) or under any other enactment, otherwise than for loss for which compensation is payable under paragraph (4).
(7) The powers of compulsory acquisition of land conferred by this Order do not apply in relation to the land referred to in paragraph (1) except that Network Rail is not precluded from—
(a)acquiring new rights over any part of that land identified in Schedule 3 (land in which only new rights etc., may be acquired); or
(b)the temporary use of land under article 10 (temporary use of land for construction of works) and article 12 (temporary use of land for maintenance of works).
(8) This is the land referred to in paragraph (1)—
| Area | Number of land shown on deposited plans |
|---|---|
County of Northamptonshire District of Wellingborough | 610, 611, 613, 620, 623, 628 |
14.—(1) In assessing the compensation payable to any person on the acquisition from that person of any land under this Order, the tribunal must not take into account—
(a)any interest in land; or
(b)any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on the relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
(2) In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
15.—(1) Subject to paragraph (6), all private rights of way over land subject to compulsory acquisition under this Order are extinguished—
(a)as from the date of acquisition of the land by Network Rail, whether compulsorily or by agreement; or
(b)on the date of entry on the land by Network Rail under section 11(1) (powers of entry) of the 1965 Act,
whichever is the sooner.
(2) Subject to paragraph (6), all private rights of way over land owned by Network Rail which, being within the Order limits, is required for the purposes of this Order are extinguished on the appropriation of the land for any of those purposes by Network Rail.
(3) Subject to paragraph (6), all private rights of way over land of which Network Rail takes temporary possession under this Order are suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.
(4) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(5) This article does not apply in relation to any right of way to which section 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272(16) (extinguishment of rights of electronic communications code network operators: preliminary notices) of the 1990 Act applies.
(6) Paragraphs (1), (2), and (3) have effect subject to—
(a)any notice given by Network Rail before the completion of the acquisition of the land, Network Rail’s appropriation of it, Network Rail’s entry onto it or Network Rail taking temporary possession of it, that any or all of those paragraphs do not apply to any right of way specified in the notice; and
(b)any agreement made (whether before or after any of the events mentioned in sub paragraph (a) and before or after the coming into force of this Order) which makes reference to this article between Network Rail and the person in or to whom the right of way in question is vested or belongs.
(7) If any such agreement as is mentioned in sub-paragraph (6)(b) is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.
16.—(1) After the end of the period of 5 years beginning on the day on which this Order comes into force—
(a)no notice to treat is to be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 5 (application of part 1 of the 1965 Act); and
(b)no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 6 (application of the 1981 Act).
(2) The powers conferred by article 10 (temporary use of land for construction of works) cease at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents Network Rail remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.
Section 4 was substituted by section 182(1) of the Housing and Planning Act 2016 (c. 22).
Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016.
S.I. 2020/XXX.
Subsection (1B) of section 11 was inserted by section 186(1) and (2)(b) of the Housing and Planning Act 2016.
Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.
Schedule 2A was inserted by paragraph 3 of Schedule 17 to the Housing and Planning Act 2016.
Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.
Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.
Section 6 was amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016.
Section 7 was inserted by paragraph 3 of schedule 18 to the Housing and Planning Act 2016.
Schedule A1 was inserted by paragraph 6 of schedule 18 to the Housing and Planning Act 2016.
Section 11 was amended by section 34(1) of, and paragraph 14(3) of Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.
Section 4 was amended by sections 184 and 185 of, and paragraphs 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016.
Section 10 was amended by section 4 of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.
Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23, to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).
Section 272 was amended by paragraph 103(1) and (2) of Schedule 17 to the 2003 Act.