Paragraph 4 I1

England, Wales and Scotland

(1)

The undertaker must not exercise the powers conferred by—

(a)

article 11 (authority to survey and investigate land);

(b)

article 12 (compulsory acquisition of rights);

(c)

article 16 (acquisition of subsoil or airspace only);

(d)

article 17 (private rights);

(e)

article 18 (statutory undertakers); or

(f)

section 11(3) of the 1965 Act (powers of entry) as applied by this Order,

in respect of any railway property unless the exercise of the powers is with the consent of Network Rail.

(2)

The undertaker must not in exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(3)

The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of electronic code communications operators: preliminary notices) of the 1990 Act^f1 or article 18 in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

(4)

The undertaker must not in exercise of the powers conferred by this Order acquire or use, or acquire new rights over, any railway property except with the consent of Network Rail.

(5)

Where Network Rail is asked to give its consent pursuant to this paragraph, consent must not be unreasonably withheld but may be given subject to reasonable conditions.

Annotations

Commencement

I1: Sch. 4 Pt. 1 para. 4 in force at 30.12.2015, see art. 1

Footnotes

f1: Section 272 was amended by paragraph 103 of Schedule 17 to the Communications Act 2003 (c.21).