{
  "url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-9/paragraph-46",
  "json_url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-9/paragraph-46.json",
  "legislation": "uksi/2025/1376",
  "legislation_title": "The Five Estuaries Offshore Wind Farm Order 2025",
  "legislation_url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025",
  "path": "schedule/9/paragraph/46",
  "kind": "paragraph",
  "number": "46",
  "heading": null,
  "text": "(1) Where under this Part of this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.\n(2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must—\n(a) co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and\n(b) use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development pursuant to this Order.\n(3) The undertaker must not exercise the powers conferred by—\n(a) article 3 (development consent granted by the Order);\n(b) article 6 (power to maintain the authorised development);\n(c) article 18 (discharge of water);\n(d) article 19 (authority to survey and investigate land);\n(e) article 21 (compulsory acquisition of land);\n(f) article 23 (compulsory acquisition of rights);\n(g) article 25 (private rights);\n(h) article 27 (acquisition of subsoil only);\n(i) article 30 (temporary use of land for carrying out the authorised development);\n(j) article 31 (temporary use of land for maintaining the authorised development);\n(k) article 32 (statutory undertakers);\n(l) article 36 (felling or lopping of trees and removal of hedgerows);\n(m) article 37 (trees subject to tree preservation orders);\n(n) the powers conferred by section 11(3) (power of entry) of the 1965 Act;\n(o) the powers conferred by section 203 (power to override easements and rights) of the Housing and Planning Act 2016;\n(p) the powers conferred by section 172 (right to enter and survey land) of the Housing and Planning Act 2016; or\n(q) any powers under in respect of the temporary possession of land under the Neighbourhood Planning Act 2017,\nin respect of any railway property unless the exercise of such powers is with the consent of Network Rail.\n(4) The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, article 25 (private rights) or article 32 (statutory undertakers) 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.\n(5) The Undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.\n(6) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions including any conditions necessary to ensure operational or railway safety but must never be unreasonable to withhold consent for reasons of operational or railway safety or impose conditions necessary to ensure operational or railway safety (such matters to be in Network Rail’s absolute discretion).\n(7) The undertaker must enter into an asset protection agreement prior to the carrying out of any specified work.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 9 para. 46(3) substituted (6.10.2026) by The Five Estuaries Offshore Wind Farm (Correction) Order 2026 (S.I. 2026/1070), art. 1, Sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 9 para. 46(5) substituted (6.10.2026) by The Five Estuaries Offshore Wind Farm (Correction) Order 2026 (S.I. 2026/1070), art. 1, Sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 para. 46 in force at 8.1.2026, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1376/schedule/9/paragraph/46",
    "retrieved_at": "2026-10-28T21:07:51.328273+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}