The Network Rail (Pont Briwet) (Land Acquisition) Order 2013

Extinction or suspension of private rights

14.—(1) Subject to the provisions of this article, all private rights over the land shown numbered 1, 1a, 1b, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12 on the land plan 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) of the 1965 Act,

whichever is the sooner.

(2) Subject to the provisions of this article, all private rights over the land referred to in paragraph (1) or listed in Schedule 2 (land in which only new rights may be acquired) are extinguished in so far as their continuance would be inconsistent with the exercise of rights authorised to be acquired under this Order—

(a) as from the date of the acquisition 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) of the 1965 Act in pursuance of the right,

whichever is the earliest.

(3) Subject to the provisions of this article, all private rights over any Order land which is owned by Network Rail (other than land specified in Schedule 2 or Schedule 3 (land of which temporary possession may be taken)) and is required for the purposes of this Order are extinguished on the appropriation of the land for any of those purposes by Network Rail.

(4) Subject to the provisions of this article, all private rights 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.

(5) Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(6) This article does not apply in relation to any right of way to which section 271 or 272 of the 1990 Act (extinguishment of rights of statutory undertakers, etc.) applies.

(7) Paragraphs (1), (2), (3) and (4) 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’s taking temporary possession of it that any or all of those paragraphs does not apply to any right of way specified in the notice; and

(b) any agreement which makes reference to this article (whether made before or after any of the events mentioned in sub-paragraph (a) and before or after the coming into force of this Order) between Network Rail and the person in or to whom the right of way in question is vested or belongs.

(8) If any such agreement as is mentioned in paragraph (7)(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.

(9) Reference in this article to private rights over land does not include rights of common but includes reference to any trusts or incidents to which the land is subject.