# The Luton Dunstable Translink Order 2006, Paragraph 28


(1) Subject to paragraph (4), the Council shall not pursuant to the powers of this Order, without the consent of Network Rail Infrastructure Limited acquire or enter upon, take or use, whether temporarily or permanently or acquire any new rights over any railway property.
(2) The Council shall not exercise the powers conferred by sections 271 or 272 of the 1990 Act, as applied by Schedule 10 (provisions relating to statutory undertakers etc) , 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 Infrastructure Limited.
(3) Where Network Rail Infrastructure Limited is asked to give its consent pursuant to sub-paragraph (1) and (2), such consent shall—
(a) not be unreasonably withheld or delayed but may be given subject to reasonable conditions for the safe operation and maintenance of the authorised railways which do not interfere with the construction or maintenance of the specified works; and
(b) be subject to compliance by Network Rail Infrastructure Limited with any relevant railway operational procedures.
Nothing in this Order shall prevent the Council pursuant to article 19 (power to acquire land) from acquiring the interest of any person other than Network Rail Infrastructure Limited in railway property.

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Source: https://www.legislation.gov.uk/uksi/2006/3118/schedule/11/paragraph/28 (the official version)
Page: https://openlegislation.uk/luton-dunstable-translink-order-2006/schedule-11/paragraph-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.