{
  "url": "https://openlegislation.uk/west-midlands-rail-freight-interchange-order-2020/schedule-13/part-1/paragraph-4",
  "json_url": "https://openlegislation.uk/west-midlands-rail-freight-interchange-order-2020/schedule-13/part-1/paragraph-4.json",
  "legislation": "uksi/2020/511",
  "legislation_title": "The West Midlands Rail Freight Interchange Order 2020",
  "legislation_url": "https://openlegislation.uk/west-midlands-rail-freight-interchange-order-2020",
  "path": "schedule/13/part/1/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": null,
  "text": "(1) The undertaker must not exercise the powers conferred by articles 22 (authority to survey and investigate the land), 24 (compulsory acquisition of land), 25 (compulsory acquisition of rights), 27 (power to override easements and other rights), 34 (temporary use of land for carrying out the authorised development) and 35 (temporary use of land for maintaining the authorised development) or the powers conferred by section 11(3) (powers of entry) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.\n(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.\n(3) The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act or article 32 (statutory undertakers and operators of the electronic communications code network), 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.\n(4) The undertaker must not, under the powers of this Order, acquire or use, or acquire new rights over, any railway property except with the consent of Network Rail.\n(5) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "Section 272 was amended by paragraph 103(1) and (2) of Schedule 17 to the Communications Act 2003 (c. 21)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2020/511/schedule/13/part/1/paragraph/4",
    "retrieved_at": "2026-10-28T22:30:21.235096+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."
}