Article 18 Power to acquire landI1

England, Wales and Scotland

(1)

Subject to paragraph (3) below, the Company may acquire compulsorily—

(a)

so much of the land shown on the deposited plans within the limits of deviation for the scheduled works as may be required for the purposes of the authorised works; and

(b)

so much of the land specified in columns (1) and (2) of Schedule 2 to this Order as may be required for the purpose specified in relation to that land in column (3) of that Schedule;

and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its railway undertaking.

(2)

Without prejudice to the generality of paragraph (1) above, the land which may be acquired compulsorily under that paragraph shall include land which is or will be required—

(a)

for use in mitigating the effect on the environment of any of the works authorised by this Order;

(b)

for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Order; or

(c)

for the purpose of being given in exchange for land forming part of a common, open space or fuel or field garden allotment which is acquired under paragraph (1) above.

(3)

The Company shall not under the powers of this Order acquire compulsorily any interest in the lands delineated on the deposited plans and thereon numbered 63 in the London borough of Lewisham.

(4)

In this article—

“apparatus” has the same meaning as in article 6(3) above and includes apparatus belonging to a statutory utility;
“common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882^f1 and any town or village green;
“fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;
“open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground; and
“statutory utility” means a licence holder within the meaning of Part I of the Electricity Act 1989^f2, a public gas transporter within the meaning of Part I of the Gas Act 1986^f3, a water undertaker within the meaning of the Water Industry Act 1991^f4, a sewerage undertaker within Part I of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act.

Annotations

Commencement

I1: Art. 18 in force at 9.11.2001, see art. 1

Footnotes

f1: 1845 c. 118. 1846 c. 70. 1847 c. 111. 1848 c. 99. 1849 c. 83. 1851 c. 10. 1852 c. 79. 1857 c. 31. 1859 c. 43. 1868 c. 89. 1876 c. 56. 1878 c. 56. 1879 c. 37. 1882 c. 15.
f2: 1989 c. 29.
f3: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 c. 45.
f4: 1991 c. 56.