(9) Section 13( a ) (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of article 23 (application of Part 1 of the 1965 Act). 

(10) Paragraph (1)(a)(ii) does not authorise Network Rail to take temporary possession of any land which it is not authorised to acquire under article 22 (power to acquire land) or any land specified in Schedule 3 (land in which only new rights etc., may be acquired). 

## Temporary use of land for maintenance of works 

29. —(1) Subject to paragraph (2), at any time during the maintenance period relating to any of the scheduled works, Network Rail may— 

(a) enter upon and take temporary possession of any Order land if such possession is reasonably required for the purpose of maintaining the work or any ancillary works connected with it; and 

(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose. 

(2) Paragraph (1) does not authorise Network Rail to take temporary possession of— 

(a) any house or garden belonging to a house; 

(b) any building (other than a house) if it is for the time being occupied; or 

(c) any land listed in Schedule 3 (land in which only new rights etc., may be acquired) or Schedule 14 (temporary use of land for access). 

(3) Not less than 28 days before entering upon and taking temporary possession of land under this article Network Rail must serve notice of the intended entry on the owners and occupiers or the land. 

(4) Network Rail may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of works for which possession of the land was taken. 

(5) Before giving up possession of land of which temporary possession has been taken under this article, Network Rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land. 

(6) Network Rail must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article. 

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act. 

(8) Without affecting article 45 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6). 

(9) Where Network Rail takes possession of land under this article, it is not required to acquire the land or any interest in it. 

(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of article 23 (application of Part 1 of the 1965 Act). 

(11) In this article “the maintenance period” in relation to a scheduled work means the period of 5 years beginning with the date on which the work is opened for use. 

