Channel Tunnel Rail Link Act 1996
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Change 1
7 Extinguishment of private rights of way.
(1) All private rights of way over land which is held by the Secretary of State as being required for or in connection with the works authorised by this Part of this Act shall be extinguished— (a) in the case of land held by the Secretary of State immediately before the coming into force of this Act, on the coming into force of this Act, and (b) in the case of land acquired by the Secretary of State after the coming into force of this Act, at the appropriate time. (2) For the purposes of subsection (1)(b) above, the appropriate time is the time of acquisition, except where land— (a) is acquired compulsorily, and (b) is land in respect of which the power conferred by section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised, in which case it is the time of entry under that provision. (3) Any person who suffers loss by the extinguishment of any right of way under this section shall be entitled to be compensated by the nominated undertaker. (4) Any dispute as to a person’s entitlement to compensation under this section, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961. (5) This section does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) applies.
7 Extinguishment of private rights of way.
(1) All private rights of way over land which is held by the Secretary of State as being required for or in connection with the works authorised by this Part of this Act shall be extinguished— (a) in the case of land held by the Secretary of State immediately before the coming into force of this Act, on the coming into force of this Act, and (b) in the case of land acquired by the Secretary of State after the coming into force of this Act, at the appropriate time. (2) For the purposes of subsection (1)(b) above, the appropriate time is the time of acquisition, except where land— (a) is acquired compulsorily, and (b) is land in respect of which the power conferred by section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised, in which case it is the time of entry under that provision. (3) Any person who suffers loss by the extinguishment of any right of way under this section shall be entitled to be compensated by the nominated undertaker. (4) Any dispute as to a person’s entitlement to compensation under this section, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961. (5) This section does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) applies.
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