Article 6 Power to acquire a new right

Network Rail may acquire compulsorily such a right of access over land specified in column (2) of Schedule 1 (land in which only a new right may be acquired) as may be required for the purpose specified in relation to that land in column (3) of that Schedule.

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 3 (modification of compensation and compulsory purchase enactments for creation of a new right)) where Network Rail acquires a right over land under paragraph (1) Network Rail is not required to acquire a greater interest in that land.

Schedule 3 (modification of compensation and compulsory purchase enactments for creation of a new right) 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.

Any racking, building or other fixed object located on land specified in column (2) of Schedule 1 that was not located on that land on 13 January 2026, that in Network Rail’s reasonable opinion prevents a right of access over land for the purpose specified in relation to that land in column (3), may be removed by Network Rail (unless removed by the owner of the land at Network Rail’s request).