|
|
Rights of entry and rights of way.
|
11.—(1) (a) Subject to paragraphs (b) and (c), where on or after the vesting day it is necessary to do so for the purposes of carrying out work in relation to the care, management, control, maintenance, repair, improvement or development of the railway property, the Board may by its servants or agents enter onto the canal property and, if it is necessary to do so for the purposes of carrying out any such work, occupy and otherwise make use of the canal property.
|
|
| |
(b) Before exercising any powers under paragraph (a) (for a purpose other than the carrying out of work which is urgently required), the Board shall give to the Commissioners notice of its intention to make such entry and the Commissioners may specify conditions in relation to such exercise (being conditions that are reasonable).
|
|
| |
(c) After exercising any powers under paragraph (a) for the purpose of carrying out work which was urgently required the Board shall, as soon as may be, inform the Commissioners.
|
|
| |
(2) (a) Subject to paragraph (b), where on or after the vesting day it is necessary to do so for the purposes of carrying out work in relation to the care, management, control, maintenance, repair, improvement or development of the canal property, the Commissioners may by their servants or agents enter onto the railway property and, if it is necessary to do so for the purposes of carrying out any such work, occupy and otherwise make use of the railway property.
|
|
| |
(b) Before exercising any powers under paragraph (a), the Commissioners shall give to the Board notice of their intention to make such entry and the Board may specify conditions in relation to such exercise (being conditions that are reasonable).
|
|
| |
(3) Any conditions specified under subsection (1) (b) by the Commissioners shall be complied with by the Board and any conditions specified under subsection (2) (b) by the Board shall be complied with by the Commissioners.
|
|
| |
(4) Where the Commissioners suffer any loss or incur any expenditure in consequence of the exercise by the Board of the powers conferred on it by subsection (1) (a), the Board shall pay to the Commissioners an amount equal to the amount of the loss or expenditure.
|
|
| |
(5) Where the Board suffers any loss or incurs any expenditure in consequence of the exercise by the Commissioners of the powers conferred on them by subsection 2 (a), the Commissioners shall pay to the Board an amount equal to the amount of the loss or expenditure.
|
|
| |
(6) (a) Subject to paragraphs (b), (c) and (d), where on or after the vesting day it is necessary to do so for the purposes of inspecting and surveying the canal property and any adjoining land (other than land to which subsection (2) relates), the Commissioners may by their servants or agents enter onto that land and carry out the necessary inspection and survey and do all things ancillary to or reasonably necessary for those purposes.
|
|
| |
(b) Before exercising any powers under paragraph (a), the Commissioners shall give to the owner or occupier of the land onto which the entry is intended to be made not less than fourteen days' notice in writing of the intention to make the entry and of the purposes for which the entry is intended to be made.
|
|
| |
(c) A person to whom a notice of intention to enter on land has been given under this subsection may, not later than fourteen days after the giving of such notice, apply, on notice to the Commissioners, to the Justice of the District Court having jurisdiction in the district court district in which the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the Justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.
|
|
| |
(d) Where a Justice of the District Court prohibits under this subsection a proposed entry onto the land, it shall not be lawful for any person to enter under paragraph (a) onto the land, and where a Justice of the District Court specifies under this subsection conditions to be observed by persons entering onto land, every person who enters onto land under the said paragraph (a) shall observe the conditions so specified.
|
|
| |
(7) (a) Subject to paragraphs (b) and (c), where on or after the vesting day it is necessary to do so for the purposes of carrying out work which is urgently required in relation to the care, management, control, maintenance or repair of canal property the Commissioners may by their servants or agents enter onto any land (other than land to which subsection (2) relates) and, if it is necessary to do so for the purposes of carrying out any such work, occupy and otherwise make use of that land.
|
|
| |
(b) The Commissioners shall endeavour to give notice to the owner or occupier of the land onto which entry is urgently required and, where it is not possible to do so, the Commissioners shall, as soon as may be after exercising any powers under paragraph (a), inform the owner or occupier of that land of the exercise of the said powers and the purposes for which such powers were exercised.
|
|
| |
(c) Where the owner or occupier of the land affected by the exercise by the Commissioners of any powers under paragraph (a) suffers any loss or incurs any expenditure in consequence of the exercise of the said powers, the Commissioners shall pay to him an amount equal to the amount of the loss or expenditure.
|
