Article 9 Extinction or suspension of private right of way

(1)

Subject to the provisions of this article and save for any residents’ rights of access to the garages at the back of Acton House, all private rights of way over land subject to the compulsory acquisition of rights under this Order are extinguished insofar as their continuance would be inconsistent with the exercise of the right—

(a)

as from the date of the acquisition of the right by Network Rail, whether compulsorily or by agreement; or

(b)

on the date of entry on the land by Network Rail under section 11(1)^f1 (powers of entry) of the 1965 Act,

whichever is the sooner.

(2)

Subject to paragraph (4) and save for any rights of access to Acton House, all private rights of way over land of which Network Rail take temporary possession under this Order are suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.

(3)

Any person who suffers loss by the extinguishment or suspension 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.

(4)

This article does not apply in relation to any right of way to which section 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272^f2 (extinguishment of rights of electronic communications code network operators: preliminary notices) of the 1990 Act applies.

(5)

Paragraphs (1) and (2) have effect subject to—

(a)

any notice given by Network Rail before—

(i)

the completion of the acquisition of;

(ii)

Network Rail’s appropriation of;

(iii)

Network Rail’s entry onto; or

(iv)

Network Rail’s taking temporary possession of,

the land, that any or all of those paragraphs do not apply to any right of way specified in the notice; and

(b)

any agreement made between Network Rail and the person in or to whom the right of way in question is vested or belongs which makes reference to this article; whether that agreement was made before or after any of the events mentioned in sub-paragraph (a), or before or after the coming into force of this Order.

(6)

If any such agreement as is mentioned in sub-paragraph (5)(b) is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Annotations

Footnotes

f1: Section 11 was amended by section 34(1) of, and Schedule 4 to the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to the Housing (Consequential provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.
f2: Section 272 was amended by paragraph 103(2) of Schedule 17 to the Communications Act 2003 (c. 21).