142.—(1) The undertaker must not exercise the powers conferred by—E+W
(a)article 18 (compulsory acquisition of land);
(b)article 19 (power to override easements and other rights);
(c)article 21 (compulsory acquisition of rights etc.);
(d)article 22 (private rights);
(e)article 24 (acquisition of subsoil only);
(f)article 27 (temporary use of land for carrying out the authorised development);
(g)article 28 (temporary use of land for maintaining the authorised development,
in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.
(2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.
(3) The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of electronic communications code operators: preliminary notices) of the 1990 Act, or article 29 (statutory undertakers), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.
(4) The undertaker must not under the powers of this Order acquire or use or acquire new rights over any railway property except with the consent of Network Rail.
(5) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld or delayed but may be given subject to reasonable conditions and such consent is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.
Commencement Information
I1Sch. 9 para. 142 in force at 1.9.2020, see art. 1