Article 3 Prescribed land of statutory undertakers

(1)

For the purposes of Part IV of the Act, land—

(a)

which is under the direct control of a designated statutoryundertaker,

(b)

in relation to which the public have no right or permission to haveaccess with or without payment, and

(c)

which is within the description in paragraph (2) below but notwithin the description in paragraph (3) below,

is prescribed as relevant land of the designated statutoryundertaker under whose control it is.

(2)

The land described in this paragraph is operational land which iswithin 100 metres of a railway station platform to which the public isentitled or permitted to have access with or without payment andwhich—

(a)

forms an embankment, cutting, siding, level or junction, but is notpart of a depot, goods yard, or enclosed area where plant and machineryis kept, or

(b)

is within the rails or on the tracksides, but is not within atunnel, or

(c)

is on a viaduct or bridge.

(3)

The land described in this paragraph is land below the place towhich the tide flows at mean high water springs.