## Temporary use of land for access 

30. —(1) Network Rail may use any land specified in Schedule 14 (land over which temporary rights of access may be exercised) for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction of the authorised works. 

(2) The power under paragraph (1) is exercisable on giving at least 7 days’ notice (or, where access is urgently required, such notice as is reasonably practicable) to the owners and occupiers of the land. 

(3) But paragraph (2) does not require notice to be given in relation to land where notice under that paragraph has already been given in relation to that land. 

(4) Network Rail must pay compensation to the owners and occupiers of the land to which paragraph (1) applies for any loss or damage arising from the exercise of the power conferred by that paragraph. 

(5) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of such compensation, shall be determined under Part 1 of the 1961 Act. 

(6) 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). 

## Disregard of certain interests and improvements 

## Compensation 

31. —(1) In assessing the compensation payable to any person on the acquisition from that person of any land under this Order, the tribunal must not take into account  

(a) any interest in land; or 

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land, 

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation. 

(2) In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned. 

## Extinction or suspension of private rights of way 

## Supplementary 

32. —(1) Subject to paragraph (6), all private rights of way over land subject to compulsory acquisition under this Order are extinguished— 

(a) as from the date of acquisition of the land by Network Rail, whether compulsorily or by agreement; or 

(b) on the date of entry on the land by Network Rail under section 11(1)( a ) (powers of entry) of the 1965 Act, 

whichever is the sooner. 

