PART 3ACQUISITION AND POSSESSION OF LAND
Temporary possession of land
Temporary use of land for construction of works25
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 4 (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 (10), any other Order land in respect of which no notice of entry has been served under section 1144 (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 445 (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;
d
construct any permanent works—
i
in relation to the land specified in paragraph 1(a)(i), specified in column (3) of Schedule 4;
ii
in relation to the land specified in paragraph 1(a)(ii), comprising part of the authorised works; and
e
construct 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 4; 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 required to—
a
replace a building removed under this article;
b
restore the land on which any works have been constructed under paragraph (1)(d) or (1)(e); or
c
remove any ground strengthening works which have been placed in that land to facilitate construction of the authorised works.
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 as if it were a dispute under Part 1 of the 1961 Act.
7
Without affecting article 43 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2)46 (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
Where Network Rail takes possession of land under this article, Network Rail is not required to acquire the land or any interest in it.
9
10
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 19 (power to acquire land) or any land specified in Schedule 3 (land in which only new rights etc., may be acquired).