The Network Rail (Reading) (Land Acquisition) Order 2009

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

    1. Powers of acquisition

      1. 3.Power to acquire land

      2. 4.Application of Part 1 of the Compulsory Purchase Act 1965

      3. 5.Application of the Compulsory Purchase (Vesting Declarations) Act 1981

      4. 6.Power to acquire new rights

      5. 7.New rights only to be acquired in certain lands

      6. 8.Power to acquire subsoil or airspace only

      7. 9.Rights under or over highways

    2. Temporary possession or use of land

      1. 10.Temporary use of land for construction of works

      2. 11.Temporary use of land for access

      3. 12.Temporary use of land for maintenance of works

    3. Compensation

      1. 13.Disregard of certain interests and improvements

      2. 14.Set-off for enhancement in value of retained land

    4. Supplementary

      1. 15.Acquisition of part of certain properties

      2. 16.Extinction or suspension of private rights of way

      3. 17.Time limit for exercise of powers of acquisition

  4. PART 3

    1. 18.Statutory undertakers, etc.

    2. 19.Protective provisions

    3. 20.Certification of plans, etc.

    4. 21.Service of notices

    5. 22.No double recovery

    6. 23.Arbitration

  5. Signature

  6. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED WORKS

    2. SCHEDULE 2

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without prejudice to the generality of paragraph 1, the...

      2. Application of the 1965 Act

        1. 3.(1) The 1965 Act shall have effect with the modifications...

        2. 4.For section 7 of the 1965 Act (measure of compensation)...

        3. 5.For section 8 of the 1965 Act (provisions as to...

        4. 6.The following provisions of the 1965 Act (which state the...

        5. 7.Section 11 of the 1965 Act (powers of entry) shall...

        6. 8.Section 20 of the 1965 Act (protection for interests of...

        7. 9.Section 22 of the 1965 Act (protection of acquiring authority’s...

    3. SCHEDULE 3

      LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED

    4. SCHEDULE 4

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    5. SCHEDULE 5

      LAND OVER WHICH TEMPORARY RIGHTS OF ACCESS MAY BE EXERCISED

    6. SCHEDULE 6

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

      1. 1.Sections 271 to 274 of the 1990 Act (power to...

      2. 2.In the provisions of the 1990 Act, as applied by...

      3. 3.Where any apparatus of public utility undertakers or of a...

      4. 4.Paragraph 3 shall not apply in the case of the...

      5. 5.The provisions of the 1990 Act mentioned in paragraph 1,...

      6. 6.Nothing in this Schedule shall affect the provisions of any...

      7. 7.In this Schedule— “public communications provider” has the same meaning...

    7. SCHEDULE 7

      PROTECTIVE PROVISIONS

      1. 1.(1) For the protection of the undertakers referred to in...

      2. 2.In this Schedule— “alternative apparatus” means alternative apparatus adequate to...

      3. 3.This Schedule does not apply to apparatus in respect of...

      4. 4.Regardless of any provision in this Order or anything shown...

      5. 5.(1) If, in the exercise of the powers conferred by...

      6. 6.(1) Where, in accordance with the provisions of this Schedule,...

      7. 7.(1) Not less than 28 days before starting the execution...

      8. 8.(1) Subject to the following provisions of this paragraph, Network...

      9. 9.(1) Subject to sub-paragraphs (2) and (3), if by reason...

      10. 10.Nothing in this Schedule shall affect the provisions of any...

  7. Explanatory Note