OpenLegislation

Paragraph 4 I1

England, Wales and Scotland

(1)

The undertaker must not exercise the powers conferred by articles 15 (authority to survey and investigate the land), 18 (compulsory acquisition of new rights), article 24 (temporary use of land for carrying out authorised development) or 25 (temporary use of land for maintaining authorised development) 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 exercise the powers conferred by sections 271 or 272 of the 1990 Actf1 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 under the powers of 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, such consent must not be unreasonably withheld or delayed but may be given subject to reasonable conditions.

Annotations

Commencement

I1

Sch. 9 Pt. 3 para. 4 in force at 7.1.2015, see art. 1

Footnotes

f1

Section 272 was amended by paragraph 103 of Schedule 17 to the Communications Act 2003.