OpenLegislation

Paragraph 16 I1

England and Wales

(1)

The undertaker must not exercise the powers conferred by article 16 (authority to survey and investigate the land), article 18 (compulsory acquisition of rights), article 19 (statutory authority to override easements and other rights), article 23 (acquisition of subsoil or airspace only), article 26 (temporary use of land for carrying out the authorised development), article 27 (temporary use of land for maintaining the authorised development) and article 31 (felling or lopping of trees and removal of hedgerows) or the powers conferred by section 11(3) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2)

The undertaker must not in the 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 under the powers of this Order extinguish any rights over any railway property except with the consent of Network Rail.

(4)

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

Annotations

Commencement

I1

Sch. 6 para. 16 in force at 14.4.2020, see art. 1