The Network Rail (Pont Briwet) (Land Acquisition) Order 2013
| Jurisdiction | Wales |
| Citation | SI 2013/767 (W92) |
| Year | 2013 |
2013 No. 767 (W.92)
TRANSPORT AND WORKS, WALES
The Network Rail (Pont Briwet) (Land Acquisition) Order 2013
Made 26th March 2013
Coming into force 16th April 2013
An application has been made to the Welsh Ministers in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20061for an Order under sections 1 and 5 of the Transport and Works Act 19922(“the 1992 Act”).
Objections to that application have been withdrawn.
The Welsh Ministers, having considered the report of the person asked by them to provide an appraisal of the application have determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Welsh Ministers do not make any substantial change in the proposals.
Notice of the Welsh Ministers' determination was published in the London Gazette on 22 March 2013.
The Welsh Ministers, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 3 to 5, 7, 8 and 11 of Schedule 1 to, the 1992 Act make the following Order—
PART 1
PRELIMINARY
Title and commencement
1. The title of this Order is the Network Rail (Pont Briwet) (Land Acquisition) Order 2013 and it comes into force on 16 April 2013.
Interpretation
2.—(1) In this Order—
“the 1961 Act” (“Deddf 1961”) means the Land Compensation Act 19613;
“the 1965 Act” (“Deddf 1965”) means the Compulsory Purchase Act 19654;
“the 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 19905;
“the 1991 Act” (“Deddf 1991”) means the New Roads and Street Works Act 19916;
“address” (“cyfeiriad”) includes any number or address used for the purposes of electronic transmission;
“authorised works” (“gweithfeydd awdurdodedig”) means the works authorised by the Aberystwyth and Welsh Coast Railway (General) Act 18657for the reconstruction of a railway and bridge and its approaches at Pont Briwet;
“the book of reference” (“y cyfeirlyfr”) means the book of reference certified by the Welsh Ministers as the book of reference for the purposes of this Order;
“building” (“adeilad”) includes any structure or erection or any part of a building, structure or erection;
“electronic transmission” (“trosglwyddiad electronig”) means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but while in electronic form;
“land plan” (“plan y tir”) means the plan certified by the Welsh Ministers as the land plan for the purposes of this Order;
“maintain” (“cynnal a chadw”) includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” (“cynnal a chadw”) is to be construed accordingly;
“Network Rail” (“Network Rail”) means Network Rail Infrastructure Limited (Company No. 02904587) whose registered office is at Kings Place, 90 York Way, London N1 9AG;
“the Order land” (“tir y Gorchymyn”) means the land shown edged red and coloured pink or blue on the land plan;
“owner” (“perchennog”), in relation to land, has the same meaning as in the Acquisition of Land Act 19818;
“the tribunal” (“y tribiwnlys”) means the Upper Tribunal (Lands Chamber);
“the undertaking” (“yr ymgymeriad”) means the railway undertaking of Network Rail as existing from time to time.
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.
PART 2
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
3.—(1) Network Rail may acquire compulsorily so much of the Order land shown on the land plan 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 the undertaking.
(2) This article is subject to article (new rights only to be acquired in certain lands), paragraph (8) of article (temporary use of land for construction of works) and article 21 (saving for Crown).
Application of Part 1 of the 1965 Act
4.—(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)
(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and
(b)
(b) as if this Order were a compulsory purchase order under that Act.
(2) Part 1 of the 1965 Act, as applied by paragraph (1), has effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
5.—(1) The Compulsory Purchase (Vesting Declarations) Act 19819applies as if this Order were a compulsory purchase order.
(2) The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), has effect with the following modifications.
(3) In section 3 (preliminary notices), for subsection (1) there is substituted—
“1 Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order the acquiring authority must include the particulars specified in subsection (3) in a notice which is—
(a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and
(b) published in a local newspaper circulating in the area in which the land is situated.”.
(4) In that section, in subsection (2), for “(1)(b)” there is substituted “(1)” and after “given” there is inserted “and published”.
(5) In that section, for subsections (5) and (6) there is substituted—
“5 For the purposes of this section, a person has a relevant interest in land if—
(a) that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or
(b) that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.”.
(6) In section 5 (earliest date for execution of declaration)—
(a)
(a) in subsection (1), after “publication” there is inserted “in a local newspaper circulating in the area in which the land is situated”; and
(b)
(b) subsection (2) is omitted.
(7) In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” are omitted.
(8) References to the 1965 Act are construed as references to that Act as applied to the acquisition of land under article (power to acquire land).
Power to acquire new rights
6.—(1) Network Rail may acquire compulsorily such easements or other rights over any land which it is authorised to acquire under article (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) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 1 (modification of compensation and compulsory purchase enactments for creation of new rights)), where Network Rail acquires a right over land under paragraph (1), it is not required to acquire a greater interest in that land.
(3) Schedule 1 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 of a right over land by the creation of a new right.
New rights only to be acquired in certain lands
7. In the case of the land specified in Schedule 2 (land in which only new rights may be acquired), Network Rail’s powers of compulsory acquisition under article (1) (power to acquire land) are limited to the acquisition of such easements and other new rights in the land in accordance with article (1) (power to acquire new rights) as it may require for the purposes of constructing, maintaining, protecting, renewing and using the authorised works.
Temporary possession or use of land
Temporary use of land for construction of works
8.—(1) Network Rail may, in connection with the carrying out of the authorised works, enter upon and take temporary possession of—
(a)
(a) the land specified in column (2) of Schedule 3 (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; and
(b)
(b) subject to paragraph (11), any of the other Order land in respect of which no notice of entry has been served under section 11 of the 1965 Act or no declaration has been made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981.
(2) Not less than 14 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.
(3) Network Rail may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the authorised works.
(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...
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