The Network Rail (Thameslink) (Land Acquisition) Order 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/3163 |
2008 No. 3163
Transport And Works, England
Transport, England
The Network Rail (Thameslink) (Land Acquisition) Order 2008
Made 5th December 2008
Coming into force 29th December 2008
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 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 Secretary of State’s opinion do not make any substantial change in the proposals.
Notice of the Secretary of State’s determination was published in the London Gazette on 4th December 2008.
Accordingly, 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 (Thameslink) (Land Acquisition) Order 2008 and shall come into force on 29th December 2008.
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 2006 Order” means the Network Rail (Thameslink 2000) Order 20065;
“authorised works” means Works Nos. 10 and 13 authorised by the 2006 Order;
“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;
“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“Network Rail” means Network Rail Infrastructure Limited;
“the tribunal” means the Lands Tribunal; and
“the undertaking” means the railway undertaking of Network Rail as from time to time existing.
(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.
(3) All measurements stated in any description of lands in the book of reference shall be construed as if the words “or thereabouts” were inserted after each measurement.
PART 2
ACQUISITION OF LAND
Power to acquire land
3. Network Rail may acquire compulsorily so much of the land shown coloured pink and edged black on the land plans and described in the book of reference, or such estates, interests, easements, or other rights in or over that land, 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.
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 19816applies; and
(b)
(b) as if this Order were a compulsory purchase order made under that Act.
(2) Part 1 of the 1965 Act, as so applied, 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 19817shall apply as if this Order were a compulsory purchase order.
(2) The Compulsory Purchase (Vesting Declarations) Act 1981, as so 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 referred to in article 3 (power to acquire land) as may be required for any purpose for which that land may be acquired under that article, 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 7 to the 2006 Order, as applied by article 15 (application of provisions of the 2006 Order)), 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 7 (modification of compensation and compulsory purchase enactments for creation of new rights) to the 2006 Order, as applied by article 15 (application of provisions of the 2006 Order), 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.
Power to acquire subsoil only
7.—(1) Network Rail may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in article 3 (power to acquire land) as may be required for any purpose for which that land may be acquired under that article instead of acquiring the whole of the land.
(2) Where Network Rail acquires any part of or rights in the subsoil of 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 11 (acquisition of part of certain properties) from applying where Network Rail acquires a cellar, vault, arch or other construction forming part of a building or manufactory.
Rights under or over streets
8.—(1) Network Rail may enter upon and appropriate so much of the subsoil of, or air-space over, any street 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 undertaking.
(2) Subject to paragraph (4), the power under paragraph (1) may be exercised in relation to a street without Network Rail being required to acquire any part of the street or any easement or right in the street.
(3) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without Network Rail acquiring any part of that person’s interest in the land, and who suffers loss by the exercise of that power, shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(4) Paragraph (2) shall not apply in relation to—
(a)
(a) any subway or underground building; or
(b)
(b) any cellar, vault, arch or other construction in, on or under a street which forms part...
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