# The East Midlands Gateway Rail Freight Interchange and Highway Order 2016, Paragraph 4

Extent: E+W+S

(1) The undertaker must not exercise the powers conferred by article 14 (accesses), article 23 (authority to survey and investigate the land), article 25 (compulsory acquisition of land and rights), article 26 (power to override easements and other rights), article 27 (compulsory acquisition of land – incorporation of the mineral code), article 31 (temporary use of land for carrying out the authorised development), article 33 (operation and use of railways) and article 37 (felling or lopping of trees) or the powers conferred by section 11(3) (powers of entry) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.
(2) The undertaker must not, in the exercise of the powers conferred by this Order, prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.
(3) The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of telecommunications code system operators: preliminary notices) of the 1990 Act, in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.
(4) The undertaker must not under the powers conferred by this Order acquire or use or acquire new rights over any railway property except with the consent of Network Rail.
(5) Where Network Rail is asked to give its consent under this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.

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Source: https://www.legislation.gov.uk/uksi/2016/17/schedule/18/paragraph/4 (the official version)
Page: https://openlegislation.uk/east-midlands-gateway-rail-freight-interchange-and-highway-order-2016/schedule-18/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.