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Article 18 Accommodation crossings

Original text. Later amendments are not shown.

(1)

Subject to paragraph (2) and regardless of anything in section 68 (gates, bridges, & c.) of the Railways Clauses Consolidation Act 1845f1 as incorporated in the Leeds and Selby Railway Act 1830 or any other enactment or instrument, all public or private rights of way (if any) across the railway by means of the accommodation facilities specified in columns (2) and (3) of Parts 1 and 2 Schedule 9 (accommodation crossings), are extinguished.

(2)

Paragraph (1) does not take effect with respect to the extinguishment of the private rights of way by means of an accommodation facility specified in columns (2) and (3) of Part 1 (accommodation crossings for which a substitute is to be provided) of Schedule 9 until the accommodation facility specified in relation to it in column (4) of Part 1 of that Schedule has been provided.

(3)

Any person who suffers loss by the extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

Annotations

Footnotes

f1

1845 (8 & 9 Vict.) c. cv.