Article 27 Further powers of entry

(1)

At any time after notice to treat has been served in respect of—

(a)

any land; or

(b)

any servitudes or other rights in, on or over land,

which may be purchased compulsorily under this Order, Network Rail may enter on and take possession of or use the land or exercise the right.

(2)

No land may be entered, and no right may be exercised under paragraph (1) unless at least 28 days’ written notice has been given to the owner and the occupier of the land specifying the land, or part of the land, of which possession is to be taken or which is to be used, or specifying the nature of the right.

(3)

Network Rail may exercise the powers of this article without complying with sections 83 to 89 of the 1845 Lands Act (payment of deposit prior to entry) before such exercise.

(4)

Compensation for the land of which possession is taken under this article, or for the exercise of the right, together with interest on the compensation awarded, shall be payable as if sections 83 to 89 of the 1845 Lands Act had been complied with.

(5)

Nothing in this article affects the operation of section 48 of the Land Compensation (Scotland) Act 1973^f1 (which entitles a landowner to require an advance payment of compensation when entry is taken).

Annotations

Footnotes

f1: 1973 c.56. Section 48 is amended by the Planning and Compensation Act 1991 (c.34), section 73(1), Schedule 17, Part 2, paragraph 21 and Schedule 19, Part 4.