The Network Rail (Reading) (Land Acquisition) Order 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/2728 |
| Year | 2009 |
2009 No. 2728
Transport And Works, England
Transport England
The Network Rail (Reading) (Land Acquisition) Order 2009
Made 7th October 2009
Coming into force 28th October 2009
An application has been made to the Secretary of State 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”).
The Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act.
The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change in the proposals.
Notice of the Secretary of State’s determination was published in the London Gazette on 29th September 2009.
The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 3 to 5, 7, 11 and 16 of Schedule 1 to, the 1992 Act, makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Network Rail (Reading) (Land Acquisition) Order 2009 and shall come into force on 28th October 2009.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19613;
“the 1965 Act” means the Compulsory Purchase Act 19654;
“the 1990 Act” means the Town and Country Planning Act 19905;
“the 1991 Act” means the New Roads and Street Works Act 19916;
“address” includes any number or address used for the purposes of electronic transmission;
“authorised works” means the works or any part of the works for the alteration and improvement of Reading Station and the railway and railway facilities to the east and west of the station comprising, in relation to each of the land parcels listed in column 1 of the table in Schedule 1 (authorised works), the works described in column 2 of that table authorised by the statutes specified in column 3 of that table;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but while in electronic form;
“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“the limits of land to be acquired or used” means the limits so shown and described on the land plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” shall be construed accordingly;
“Network Rail” means Network Rail Infrastructure Limited;
“owner”, in relation to land, has the same meaning as in the Acquisition of Land Act 19817e;
“the tribunal” means the Upper Tribunal;
“the undertaking” 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 land shown on the land plans within the limits of land to be acquired or used 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 7 (new rights only to be acquired in certain lands) and paragraph (8) of article 10 (temporary use of land for construction of works) and does not apply to any land specified in Schedule 5 (land over which temporary rights of access may be exercised).
Application of Part 1 of the Compulsory Purchase Act 1965
4.—(1) Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply 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), shall have 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 19818shall apply as if this Order were a compulsory purchase order.
(2) The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), shall have effect with the following modifications.
(3) In section 3 (preliminary notices), for subsection (1) there shall be 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 shall 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 shall be substituted “(1)” and after “given” there shall be inserted “and published”.
(5) In that section, for subsections (5) and (6) there shall be 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 shall be inserted “in a local newspaper circulating in the area in which the land is situated”; and
(b)
(b) subsection (2) shall be 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)” shall be omitted.
(8) References to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 3 (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 3 (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 2 (modification of compensation and compulsory purchase enactments for creation of new rights)), where Network Rail acquires a right over land under paragraph (1), it shall not be required to acquire a greater interest in that land.
(3) Schedule 2 shall have 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 3 (land in which only new rights may be acquired), Network Rail’s powers of compulsory acquisition under article 3(1) (power to acquire land) shall be limited to the acquisition of such easements and other new rights in the land in accordance with article 6(1) (power to acquire new rights) as it may require for the purposes of constructing, maintaining, protecting, renewing and using the authorised works.
Power to acquire subsoil or airspace only
8.—(1) Network Rail may acquire compulsorily so much of, or such rights in, the subsoil of, or the airspace over, the land which it is authorised to acquire under article 3 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
(2) Where Network Rail acquires any part of or rights in the subsoil of, or airspace over, land under paragraph (1) it shall not be required to acquire an interest in any other part of the land.
(3) Paragraph (2) shall not prevent article 15 (acquisition of part of certain properties) from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.
Rights under or over highways
9.—(1) Network Rail may enter upon and appropriate so much of the subsoil of, or air-space over, any highway within the land referred to in article 3 (power to acquire land) as may be required for the purposes of the authorised works and may use the subsoil or air-space for those purposes or any other purpose ancillary to its railway...
To continue reading
Request your trial