The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022

Power to acquire new rights

29.—(1) Subject to paragraphs (4) and (5), Network Rail may acquire compulsorily such easements or other rights over any land which it is authorised to acquire under article 26 (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 land specified in columns (1) and (2) of Schedule 9 (land subject to imposition of restrictive covenants), Network Rail’s powers under paragraphs 1(a) and 1(b) of article 26 (power to acquire land) also includes the power to impose restrictive or other covenants over the land as may be required for the purposes specified in relation to that land in column (3) of that Schedule.

(3) Network Rail may impose restrictive or other covenants affecting any land referred to in—

(a) article 30 (power to acquire ground anchor rights) and columns (1) and (2) of Schedule 13 (power to acquire ground anchor rights) as may be required for the purposes referred to in article 30(5); and

(b) article 31 (power to acquire subsoil and imposition of restrictive covenants) and columns (1) and (2) of Schedule 14 (power to acquire subsoil) as may be required for the purposes referred to in article 31(2).

(4) In the case of the land specified in columns (1) and (2) of Schedule 10 (acquisition of new rights and imposition of restrictive covenants only) Network Rail’s powers of compulsory acquisition under article 26(1) are limited to the compulsory acquisition of such new rights and the imposition of restrictive or other covenants over land as may be required for the purpose specified in relation to that land in column (3) of that Schedule.

(5) In the case of the land specified in columns (1) and (2) of Schedule 11 (imposition of restrictive covenants only) Network Rail’s powers of compulsory acquisition under article 26(1) are limited to the imposition of restrictive or other covenants over land as may be required for the purpose specified in relation to that land in column (3) of that Schedule.

(6) Without limitation on the scope of paragraph (1), the rights which may be acquired under that paragraph include the acquisition of rights over the land numbered 25-049, 25-056 and 25-067 in the district of Kirklees as shown on the deposited plans to provide a means of vehicular access for the benefit of the owners and occupiers of land affected by the closure of MDL1 Bridge 10 – Occupation Underbridge;

(7) Subject to Schedule 2A (counter-notice requiring purchase of land) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 12 (modification of compensation and compulsory purchase enactments for creation of new rights or imposition of restrictive covenants) where Network Rail acquires a right over land or the benefit of a restrictive or other covenant under paragraph (1), paragraph (2), paragraph (4), paragraph (5), article 30 (power to acquire ground anchor rights) or article 31 (power to acquire subsoil and imposition of restrictive covenants) Network Rail is not required to acquire a greater interest in that land.

(8) Schedule 12 (modification of compensation and compulsory purchase enactments for creation of new rights or imposition of restrictive covenants) 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, article 30 (power to acquire ground anchor rights) or article 31 (power to acquire subsoil and imposition of restrictive covenants) of a right over land by the creation of a new right or the imposition of restrictive or other covenant under these articles.

(9) In any case where the acquisition of new rights under paragraph (1) or (4) is required for the purpose of diverting, replacing or protecting apparatus of an undertaker Network Rail may, with the consent of the Secretary of State, transfer the power to acquire such rights to the undertaker in question.

(10) The exercise by an undertaker of any power in accordance with a transfer under paragraph (9) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by Network Rail.

(11) In paragraphs (9) and (10) “undertaker” means—

(a) any person who is a statutory undertaker for the purposes of the 1990 Act; and

(b) any public communications provider within the meaning of section 151(1) of the 2003 Act.