Article 25 Power to acquire new rights

Subject to paragraphs (4) and (5), Network Rail may acquire compulsorily such easements or other rights over any land which it is authorised to acquire under article 22 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.

In the case of the land specified in columns (1) and (2) of Schedule 10 (acquisition of new rights only) Network Rail’s powers of compulsory acquisition under article 22(1) are limited to the compulsory acquisition of such new rights over land as may be required for the purpose specified in relation to that land in column (3) of that Schedule.

Without limitation on the scope of paragraph (1), the rights which may be acquired under that paragraph include the acquisition of rights over the land numbered 10-001, 10-002, 10-003 and 10-004 in the City of Leeds as shown on the deposited plans to provide a means of vehicular access for the benefit of the owners and occupiers of land affected by the closure of Garforth Moor Level Crossing, stopping up of Footpath Garforth 6 and extinguishment of rights;

Subject to Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 11 (modification of compensation and compulsory purchase enactments for creation of new rights) where Network Rail acquires a right over land Network Rail is not required to acquire a greater interest in that land.

Schedule 11 (modification of compensation and compulsory purchase enactments for creation of new rights) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.

In any case where the acquisition of new rights under paragraph (1) or (2) is required for the purpose of diverting, replacing or protecting apparatus of an undertaker Network Rail may, with the consent of the Secretary of State, transfer the power to acquire such rights to the undertaker in question.

The exercise by an undertaker of any power in accordance with a transfer under paragraph (6) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by Network Rail.

In paragraphs (6) and (7) “undertaker” means—