{
  "url": "https://openlegislation.uk/portishead-branch-line-metrowest-phase-1-order-2022/schedule-16/paragraph-51",
  "json_url": "https://openlegislation.uk/portishead-branch-line-metrowest-phase-1-order-2022/schedule-16/paragraph-51.json",
  "legislation": "uksi/2022/1194",
  "legislation_title": "The Portishead Branch Line (MetroWest Phase 1) Order 2022",
  "legislation_url": "https://openlegislation.uk/portishead-branch-line-metrowest-phase-1-order-2022",
  "path": "schedule/16/paragraph/51",
  "kind": "paragraph",
  "number": "51",
  "heading": "Use of land and execution, maintenance and use of the authorised development",
  "text": "(1) Despite any provision in this Order or anything shown on the land plan, the undertaker must not except with the agreement of BPC—\n(a) exercise any powers of temporary possession over or in respect of parcel 5/75 or (if and to the extent they form part of BPC’s property) parcel 5/85 or parcel 5/86 unless BPC fails, within 14 days of a request by the undertaker, to make available for exercise by the undertaker in substitution for the exercise of the relevant powers temporary rights of access over other land which are sufficient (whether alone or in conjunction with the exercise by the undertaker of other powers under this Order) to enable the undertaker to gain access in connection with the construction of the authorised development, with such vehicles, plant and equipment as may be necessary, from access point AW5.3 shown on the compounds, haul roads and access to works plan to the accommodation bridge (and associated walls, embankments and structures) on land adjacent to parcel 05/86 and to the culvert, watercourse and head wall situated on land adjacent to parcel 05/85;\n(b) other than any construction access rights which may be authorised by or pursuant to the terms of this Order over the Marsh Lane track, the rail link land or parcel 05/75, or over bridleways and footpaths that are open to the public, exercise any construction access rights over BPC’s property or otherwise use any part of BPC’s property for the purpose of gaining access to any part of the authorised development or to any other land or in connection with the construction or maintenance of the authorised development; or\n(c) exercise any powers of temporary possession over or in respect of the Marsh Lane track land or the rail link land or parcels 5/103 and 5/170.\n(2) Any exercise of powers of temporary possession by the undertaker in respect of the rail link land or the Marsh Lane track land which may be permitted pursuant to the terms of this Order is subject to, and in common with, the use of the rail link land and the Marsh Lane track land by BPC and by any other person acting with BPC’s authority or which may have rights to use the rail link land and the Marsh Lane track land.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 16 para. 51 in force at 5.12.2022, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2022/1194/schedule/16/paragraph/51",
    "retrieved_at": "2026-10-28T21:53:31.025268+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}