Article 20 Cases where powers of acquisition limited to railway protection rightsI1

England and Wales

(1)

This article applies to—

(a)

the plot numbered 4 in the Metropolitan Borough of Knowsley; and

(b)

the plot numbered 5 in the Metropolitan Borough of Knowsley.

(2)

Network Rail’s powers of compulsory acquisition under article 16 (power to acquire land) as respects the land referred to in paragraph (1)(a) are limited to the acquisition of railway protection rights over that land and the imposition of restrictive or other covenants under paragraph (6).

(3)

Without affecting the powers included in article 16(1)(b) (power to acquire land) Network Rail may as respects the land referred to in paragraph 1(b) acquire railway protection rights over that land and impose restrictive or other covenants under paragraph (6).

(4)

Where Network Rail acquires railway protection rights over land to which this article applies or imposes a covenant under paragraph (6) affecting the land, it is not required to acquire a greater interest in the land or any other interest in any part of it.

(5)

In this article “railway protection rights” means—

(a)

rights to construct railway protection works on land or buildings on that land the purpose of which is to secure the safe operation of the authorised works or to prevent or minimise the risk of such operation being disrupted; and

(b)

rights to maintain such railway protection works referred to in sub-paragraph (a).

(6)

In addition to acquiring railway protection rights over the land referred to in paragraphs 1(a) and 1(b), Network Rail may impose such restrictive or other covenants affecting the land as may be required for the purposes of—

(a)

maintaining or protecting the railway protection works referred to in paragraph (5)(a); and

(b)

securing the safe operation of the authorised works or to prevent or minimise the risk of such operation being disrupted.

Annotations

Commencement

I1: Art. 20 in force at 19.8.2014, see art. 1