United Kingdom · regulation
Ask the law about thisMore laws of United KingdomFor machines: Markdown
In force since 2017-12-28, as the publisher states.
Copy read on 2026-11-10. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
sha256 02bc841b7fb097d677deed93a1187ef12127f38d7ad2baff971420c4525d7095
No one has proposed a change to this act yet.
Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
Articles 2(1) and 5 In the Metropolitan Borough of Knowsley— Work No. 1 – A railway (230.9 metres in length) commencing at a point 36 metres south-east of the junction of Poplar Bank with Derby Road passing eastwards and terminating at a point 61 metres south of the junction of Huyton Hey Road with Huyton Church Road.
Propose a changeArticles 5 and 16 (1) | (2) | (3) Area | Plot number | Purpose for which land may be acquired Metropolitan Borough of Knowsley | 3, 6, 9, 14 | Provision of maintenance access 4 | Railway protection rights 5 | Provision of maintenance access and railway protection rights
Propose a changeArticle 7 (1) | (2) Area | Streets subject to street works Metropolitan Borough of Knowsley | Streets located within plot 9
Propose a changeArticle 9 (1) | (2) | (3) Area | Street to be temporarily stopped up | Extent of temporary stopping up Metropolitan Borough of Knowsley | Footway of Huyton Bus Station Access Road | Between points A and B
Propose a changeArticle 19 Compensation enactments 1 The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land. 2 (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973 has effect subject to the modifications set out in sub-paragraphs (2) and (3). (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4— (a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and (b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”. (3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5— (a) for “part” in paragraphs (a) and (b) substitute “a right over or restrictive covenant affecting land consisting”; (b) for “severance” substitute “acquisition of the right or restrictive covenant””; (c) for “part proposed” substitute “right or restrictive covenant proposed”; and (d) for “part is” substitute “right or restrictive covenant is”. Application of the 1965 Act 3 (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to— (a) the right acquired or to be acquired or the restrictive covenant imposed or to be imposed; or (b) the land over which the right is, or is to be, exercisable or the restrictive covenant is, or is to be, enforceable. (2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or in relation to the imposition of a restrictive covenant with the modifications specified in the following provisions of this Schedule. 4 For section 7 of the 1965 Act (measure of compensation) substitute— 7. In assessing the compensation to be paid by the acquiring authority under this Act regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act. . 5 For section 8 of the 1965 Act (other provisions as to divided land) substitute— 8. (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over, or a restrictive covenant affecting, land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest, and,— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, the Network Rail (Huyton) Order 2014 (“the Order”) in relation to that person, ceases to authorise the purchase of the right or the imposition of the restrictive covenant and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal. (3) Where, in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section, the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice. . 6 The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say— (a) section 9(4) (failure by owners to convey); (b) paragraph 10(3) of Schedule 1 (owners under incapacity); (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land), are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority. 7 Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, it has power, exercisable in the equivalent circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly. 8 Section 20 of the 1965 Act (protection for interests of tenants at will etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question. 9 Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.
Propose a changeArticles 5 and 21 (1) | (2) | (3) | (4) Area | Plot number | Purpose for which temporary possession may be taken | Authorised work Metropolitan Borough of Knowsley | 3, 5, 6, 7, 13, 14 | Access | Work No. 1 4 | Access and relocation and alteration of apparatus and equipment | Work No. 1 9 | Working site and access and reconfiguration works to Huyton Bus Station | Work No. 1 15 | Working site and access | Work No. 1
Propose a changeArticle 34 Apparatus of statutory undertakers etc. on land acquired 1 Sections 271 to 274 of the 1990 Act (power to extinguish rights of statutory undertakers etc. and power of statutory undertakers etc. to remove or re-site apparatus) apply in relation to any land acquired or appropriated by Network Rail under this Order subject to the following provisions of this paragraph; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) have effect accordingly. 2 In the provisions of the 1990 Act, as applied by paragraph 1, references to the appropriate Minister are references to the Secretary of State. 3 Where any apparatus of public utility undertakers or of a public communications provider is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by paragraph 1, any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from Network Rail compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given. 4 Paragraph 3 does not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is— (a) the owner or occupier of premises the drains of which communicated with that sewer; or (b) the owner of a private sewer which communicated with that sewer, is entitled to recover from Network Rail compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer communicate with any other public sewer or with a private sewerage disposal plant. 5 The provisions of the 1990 Act mentioned in paragraph 1, as applied by that paragraph, do not have effect in relation to apparatus as respects which paragraph 2 or Part 3 of the 1991 Act applies. 6 In this Schedule— “public communications provider” has the same meaning as in section 151(1) of the 2003 Act; and “public utility undertakers” has the same meaning as in the 1980 Act.
Propose a changeArticle 35 1 (1) For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between Network Rail and the operator. (2) In this Schedule— “BT” means British Telecommunications plc, Company No. 01800000, whose registered office is at 81 Newgate Street, London, EC1A 7AJ; ... “electronic communications apparatus” has the same meaning as in the electronic communications code; “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act; “electronic communications code network” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and an electronic communications network which the Secretary of State is providing or proposing to provide; “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code; “operator” means the operator of an electronic communications code network. 2 The temporary stopping up or diversion of any highway under article 9 (temporary stopping up of streets) does not affect any right of the operator under Part 8 of the electronic communications code to maintain any apparatus which, at the time of the stopping up or diversion, is in that highway. 3 (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised works or their construction, or of any subsidence resulting from any of those works— (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or (b) there is any interruption in the supply of the service provided by an operator, Network Rail must bear and pay the cost reasonably incurred by that operator in making good such damage or restoring the supply and must— (i) make reasonable compensation to that operator for loss sustained by it; and (ii) indemnify that operator against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, that operator by reason, or in consequence of, any such damage or interruption. (2) Sub-paragraph (1) does not apply to— (a) any electronic communications apparatus in respect of which the relations between Network Rail and the operator are regulated by the provisions of Part 3 of the 1991 Act; or (b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised works. (3) Nothing in sub-paragraph (1) imposes any liability on Network Rail with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents. (4) An operator must give Network Rail reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand must be made without the consent of Network Rail which, if it withholds such consent, must have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. 4 Where any railway protection works are constructed by Network Rail under article 20 (cases where powers of acquisition limited to railway protection rights) on any land or buildings belonging to BT— (a) such railway protection works must be maintained by and at the expense of Network Rail for a period of 12 months from the completion of such railway protection works; (b) at the expiry of that 12 month period Network Rail must pay BT a capitalised sum representing the costs which may be expected to be reasonably incurred by BT in maintaining such railway protection works; and (c) subject to Network Rail making the payment under sub-paragraph (b) such railway protection works must be maintained by and at the expense of BT. 5 Any difference arising between Network Rail, an operator or BT under this Schedule must be referred to and settled by arbitration under article 39 (arbitration).
Propose a change