The Network Rail (Kettering to Wigston South Junction and Napsbury Lane) (Land Acquisition) Order 2026

S T A T U T O R Y I N S T R U M E N T S

2026 No. 141

TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

The Network Rail (Kettering to Wigston South Junction and Napsbury Lane) (Land Acquisition) Order 2026

10th February 2026

• [omitted]

Coming into force

3rd March 2026

CONTENTS PART 1 PRELIMINARY

1. Citation and commencement
2. Interpretation

PART 2 ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

3. Power to acquire land
4. Application of Part 1 of the 1965 Act
5. Application of the 1981 Act
6. Power to acquire new rights

Temporary possession of land

7. Temporary use of land for construction works
8. Temporary use of land for oversailing
9. Temporary use of land for maintenance of works

Compensation

10. Disregard of certain interests and improvements

Supplementary

11. Extinction or suspension of private rights of way
12. Accommodation crossing
13. Time limit for exercise of powers of acquisition

PART 3

MISCELLANEOUS AND GENERAL

14. Statutory undertakers etc.
15. Certification of plans etc.
16. Service of notices
17. No double recovery
18. Arbitration

An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006( a ) for an Order under sections 1 and 5 of the Transport and Works Act 1992( b ) ('the 1992 Act').

The Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act.

The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change in the proposals. Notice of the Secretary of State's determination was published in the London Gazette on 4th November 2025.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1, 3, 4, 7, 11, 16 and 17 of Schedule 1 to, the 1992 Act makes the following Order.

PART 1

PRELIMINARY

1. Citation and commencement
2. Interpretation

1. This Order may be cited as the Network Rail (Kettering to Wigston South Junction and Napsbury Lane) (Land Acquisition) Order 2026 and comes into force on 3rd March 2026.

2. -(1) In this Order-

'the 1961 Act' means the Land Compensation Act 1961( c );

'the 1965 Act' means the Compulsory Purchase Act 1965( d );

[... footnotes a, b, c, d listing other acts ...]

'the 1980 Act' means the Highways Act 1980( a );

'the 1981 Act' means the Compulsory Purchase (Vesting Declarations) Act 1981( b );

'the 1990 Act' means the Town and Country Planning Act 1990( c );

'the 2003 Act' means the Communications Act 2003( d );

'address' includes any number or address used for the purposes of electronic transmission;

'authorised works' means the works or any part of the works using Network Rail's permitted development rights for the electrification and improvement of the Midland Mainline railway between Kettering and Wigston South Junction comprising, in relation to each of the land parcels listed in column (1) of the table in Schedule 1 (authorised works), the works described in column (2) of that table authorised by the statutes specified in column (3) of that table;

'the book of reference' means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

'building' includes any structure or erection or any part of a building, structure or erection;

'deposited plans' means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;

'electronic transmission' means a communication transmitted-

• (a) by means of an electronic communications network; or
• (b) by other means but while in electronic form;
• (c) and in this definition 'electronic communications network' has the same meaning as in section 32(1)( e ) (meaning of electronic communications networks and services) of the 2003 Act;

'maintain' includes inspect, repair, adjust, alter, remove, reconstruct and replace, and 'maintenance' is to be construed accordingly;

'Network Rail' means Network Rail Infrastructure Limited (company registration number 02904587) whose registered office is at Waterloo General Office, London SE1 8SW;

'Network Rail's permitted development rights' means development for which Network Rail has general permission under Parts 8 and 18 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015( f );

'Order land' means the land shown on the deposited plans which is within the limits of land to be acquired or used and described in the book of reference;

'Order limits' means the limits of land to be acquired or used shown on the deposited plans;

'owner', in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981( g );

'statutory undertaker' means-

( a ) any person who is a statutory undertaker for any of the purposes of the 1990 Act; and

• (b) any public communications provider within the meaning of section 151(1) of the 2003 Act;

'the tribunal' means the Lands Chamber of the Upper Tribunal.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface.

(3) References in this Order to numbered plots are references to plot numbers on the deposited plans.

(4) All distances, directions and lengths referred to in this Order are approximate.

(5) References in this Order to points identified by letters with or without numbers, are construed as references to points so lettered on the deposited plans.

PART 2

ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Power to acquire land

3. -(1) Network Rail may acquire compulsorily so much of the land shown on the deposited plans and described in the book of reference as may be required for or in connection with the authorised works, and it may use any land so acquired for those purposes or for any other purposes that are ancillary to its railway undertaking.

(2) This article is subject to paragraph (2) of article 6 (power to acquire new rights), paragraph (8) of article 7 (temporary use of land for construction of works) and paragraph (1) of article 8 (temporary use of land for oversailing).

Application of Part 1 of the 1965 Act

4. -(1) Part 1 (compulsory acquisition under Acquisition of Land Act 1946) of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order-

• (a) as it applies to a compulsory purchase to which the Acquisition of Land Act 1981( a ) applies; and
• (b) as if this Order were a compulsory purchase order under that Act.

(2) Part 1 of the 1965 Act, as applied by paragraph (1), has effect with the following modifications.

(3) Omit section 4 (time limit for giving notice to treat).

(4) In section 4A(1)( b ) (extension of time limit during challenge) for 'section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the applicable period for the purposes of section 4', substitute 'section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 13 (time limit for exercise of powers of acquisition) of the Network Rail (Kettering to Wigston South Junction and Napsbury Lane) (Land Acquisition) Order 2026'.

(5) In section 11B(1B)( a )(powers of entry) in a case where the notice to treat relates only to the acquisition of an easement or other right over land, for '3 months' substitute '1 month'.

(6) In section 11A( b ) (powers of entry: further notices of entry)-

• (a) in subsection (1)(a), after 'land' insert 'under that provision'; and
• (b) in subsection (2), after 'land' insert 'under that provision'.

(7) In section 22(2) (interests omitted from purchase), for 'section 4 of this Act' substitute 'article 14 of the Network Rail (Kettering to Wigston South Junction and Napsbury Lane) (Land Acquisition) Order 2026'.

(8) In Schedule 2A( c )(counter-notice requiring purchase of land not in notice to treat) after paragraph 29 insert-

'PART 4

INTERPRETATION

30. In this Schedule, references to entering on and taking possession of land do not include doing so under articles 7 (temporary use of land for construction of works), 8 (temporary use of land for oversailing), and 9 (temporary use of land for maintenance of works) of the Network Rail (Kettering to Wigston South Junction and Napsbury Lane) (Land Acquisition) Order 2026.'.

Application of the 1981 Act

5. -(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 5(2) (earliest date for execution of declaration), omit the words from ', and this subsection' to the end.

(4) Omit section 5A (time limit for general vesting declaration)( d ).

(5) In section 5B( e )(extension of time limit during challenge) for 'section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A' substitute 'section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 13 (time limit for exercise of powers of acquisition) of the Network Rail (Kettering to Wigston South Junction and Napsbury Lane) (Land Acquisition) Order 2026'.

(6) In subsection 6(1)(b)( f )(notices after execution of declaration), for 'section 15 of, or paragraph 6 of Schedule 1 to the Acquisition of Land Act 1981' substitute 'section 14A of the Transport and Works Act 1992'.

(7) In subsection 7(1)(a)( g )(constructive notice to treat), omit the words '(as modified by section 4 of the Acquisition of Land Act 1981)'.

5. (8) References to the 1965 Act in the 1981 Act are to be construed as references to that Act as applied to the acquisition of land under article 3 (power to acquire land) by article 4 (application of Part 1 of the 1965 Act).

Power to acquire new rights

6. -(1) Subject to paragraph (3), Network Rail may acquire compulsorily such easements or other rights over any land which it is authorised to acquire under article 3 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.

(2) In the case of the Order land specified in columns (1) and (2) of Schedule 3 (land in which only new rights etc., may be acquired) Network Rail's powers of compulsory acquisition under article 3(1) (power to acquire land) are limited to the acquisition of such new rights as may be required for the purpose specified in relation to that land in column (3) of that Schedule.

(3) Subject to Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 2 (modification and compensation and compulsory purchase enactments for creation of new rights)) and where Network Rail acquires a right over land under paragraph (2), Network Rail is not required to acquire a greater interest in that land.

(4) In any case where the acquisition of new rights under paragraph (1) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker, Network Rail may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertaker in question.

(5) Schedule 2 has effect for the purpose of modifying the enactments relating to compensation, and the provisions of the 1965 Act in its application in relation to the compulsory acquisition under this Order of a right over land by the creation of a new right.

(6) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (4) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by Network Rail.

Temporary possession of land

Temporary use of land for construction works

7. -(1) Network Rail may, in connection with the carrying out of the authorised works-

• (a) enter upon and take temporary possession of-

• (i) any of the land specified in columns (1) and (2) of Schedule 4 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule; and

• (ii) any of the relevant land in respect of which no notice of entry has been served under section 11( a )(powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4( b ) (execution of declaration) of the 1981 Act;

• (b) remove any buildings and vegetation from that land;

• (c) construct temporary works (including the provision of means of access) and buildings on the land; and

• (d) construct any permanent works specified in relation to that land in column (3) of Schedule 4 or any mitigation works on that land.

(2) Not less than 14 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 of the land.

(3) Network Rail may not, without the agreement of the owners of the land, remain in possession of any land under this article-

• (a) in the case of any land specified in columns (1) and (2) of Schedule 4 (land of which temporary possession may be taken), after the end of the period of one year beginning with the date of completion of the works specified in relation to that land in column (3) of Schedule 4; or
• (b) in the case of the relevant land, after the end of the period of one year beginning with the date of completion of the works for which temporary possession of the land was taken unless Network Rail has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act.

(4) 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, but Network Rail is not required to-

• (a) replace a building removed under this article; or
• (b) restore the land on which any works have been constructed under paragraph (1)(d).

(5) 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.

(6) Any dispute as to a person's entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(7) Without affecting article 17 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2)( a ) (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 (5).

(8) The powers of compulsory acquisition of land conferred by this Order do not apply in relation to the land referred to in paragraph (1)(a) except that Network Rail is not precluded from acquiring new rights over any land specified in Schedule 3 (land in which only new rights etc., may be acquired) under article 6 (power to acquire new rights).

(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( b )(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 acquisition of land under this Order by virtue of article 4(1) (application of Part 1 of the 1965 Act).

(11) Paragraph (1)(a)(ii) does not authorise Network Rail to take temporary possession of-

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

(12) In this article 'the relevant land' means any land within the Order limits other than the land specified in columns (1) and (2) of Schedule 3 (land in which only new rights etc., may be acquired) or in columns (1) and (2) of Schedule 5 (land which may be used for oversailing) to this Order.

Temporary use of land for oversailing

8. -(1) Network Rail may enter upon and use the land, and the airspace above the surface of the land, specified in columns (1) and (2) of Schedule 5 (land which may be used for oversailing) for the oversailing of cranes used by Network Rail in connection with the authorised works.

(2) The power under paragraph (1) is exercisable on giving at least 7 days' notice to the owners and occupiers of the land.

(3) Network Rail may not, without the agreement of the owners of the land, use airspace above the surface of the land as mentioned in paragraph (1) after the end of 7 days beginning with the date of completion of the activities for which the crane has been used.

(4) Network Rail must pay compensation to the owners and occupiers of 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 (4), or as to the amount of compensation, is to be determined as if it were a dispute 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 4 (application of Part 1 of the 1965 Act).

Temporary use of land for maintenance of works

9. -(1) Subject to paragraph (2), at any time during the maintenance period relating to the authorised works, Network Rail may-

• (a) enter upon and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the works or any ancillary works connected with them; 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 specified in column (2) of Schedule 3 (acquisition of land) (but without affecting the power to acquire rights under article 7(2) (power to acquire new rights) in relation to that land).

(3) Not less than 14 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 of 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 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.

(11) In this article-

• (a) 'the maintenance period', in relation to the authorised works, means the period of 5 years beginning with the date on which the work is opened for use; and

Compensation

Disregard of certain interests and improvements

10. -(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 the 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 he 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.

Supplementary

Extinction or suspension of private rights of way

11. -(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) of the 1965 Act, whichever is the sooner.

(2) Subject to paragraph (6), all private rights of way over land owned by Network Rail which, being within the Order limits, are required for the purposes of this Order are extinguished on the appropriation of the land for any of those purposes by Network Rail.

(3) Subject to paragraph (6), all private rights of way over land of which Network Rail takes temporary possession under this Order are suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.

(4) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(6) Paragraphs (1), (2), and (3) have effect subject to-

• (a) any notice given by Network Rail before the completion of the acquisition of the land, Network Rail's appropriation of it, Network Rail's entry onto it or Network Rail taking temporary possession of it that any or all of those paragraphs do not apply to any right of way specified in the notice; and
• (b) any agreement made (whether before or after any of the events mentioned in sub paragraph (a) and before or after the coming into force of this Order) which makes reference to this article between Network Rail and the person in or to whom the right of way in question is vested or belongs.

Accommodation crossing

12. -(1) Subject to paragraph (2) and regardless of anything in section 68 (accommodation works by the Company) of the Railways Clauses Consolidation Act 1845( b ) as incorporated in the Midland Railway (Leicester and Hitchin) Act 1853 or any other enactment or instrument, all public or private rights of way (if any) across the railway by means of Bridge 34 in the district of North Northamptonshire in the County of Northamptonshire are extinguished within the Order limits.

(2) Paragraph (1) does not take effect with respect to the extinguishment of any private right of way by means of the bridge specified in paragraph (1) until a substitute private right of way by means of a realigned bridge has been provided.

(3) Any person who suffers loss by the extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

Time limit for exercise of powers of acquisition

13. -(1) After the end of the period of 5 years beginning on the day on which this Order comes into force-

• (a) no notice to treat is to be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 4 (application of part 1 of the 1965 Act); and
• (b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act( a ) as applied by article 5 (application of the 1981 Act).

(2) The powers conferred by article 7 (temporary use of land for construction of works) cease at the end of the period referred to in paragraph, except that nothing in this paragraph prevents Network Rail remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

PART 3

MISCELLANEOUS AND GENERAL

14. The provisions of Schedule 6 (provisions relating to statutory undertakers etc.) have effect.

15. Network Rail must, as soon as practicable after the making of this Order, submit copies of the book of reference and the deposited plans to the Secretary of State for certification that they are, respectively, true copies of the book of reference and the deposited plans referred to in this Order; and a document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

16. -(1) A notice or other document required or authorised to be served for the purposes of this Order may be served-

• (a) by post; or
• (b) with the consent of the recipient and subject to paragraphs (6) to (8) by electronic transmission.

(5) Where a notice or other document is served or sent by electronic transmission the requirement is taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

17. Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.

18. Any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

Signed by the authority of the Secretary of State for Transport

10th February 2026

Natasha Kopola Head of Transport and Works Act Orders Unit Department for Transport

SCHEDULES

Schedule 1 - AUTHORISED WORKS

MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASING ENACTMENTS FOR CREATION OF NEW RIGHTS Schedule 2 Schedule 3 - LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED Schedule 4 - LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN Schedule 5 - LAND WHICH MAY BE USED FOR OVERSAILING

Schedule 6 - PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

In the following table-

'the 1853 Act' means the Midland Railway (Leicester and Hitchin) Act 1853( a );

'the 1864 Act' means the Midland Railway (New Lines and Additional Powers) Act 1864( b );

'the 1845 Clauses Act' means the Railways Clauses Consolidation Act 1845( c ).

| (1) Number of land shown on the deposited plans | (2) Purpose for which land may be acquired | (3) Authorising Act | |---------------------------------------------------|-------------------------------------------------------------------------|----------------------------------------------------------------------| | 1-001 to 1-003 | Access for maintenance of Midland Railway | Section 16 of the 1845 Clauses Act as incorporated with the 1864 Act | | 2-001 and 2-002 | Embankment works associated with reconstruction of Pipewell Road Bridge | Section 16 of the 1845 Clauses Act as incorporated with the 1853 Act | | 3-001 and 3-002 | Acquisition of rights relating to realigned Newtons Bridge | Section 16 of the 1845 Clauses Act as incorporated with the 1853 Act | | 4-001 to 4-016 | Reconstruction of Bridge 34 | Section 16 of the 1845 Clauses Act as incorporated with the 1853 Act | | 5-001, 5-002 and 5-004 to 5-006 | Works associated with reconstruction of Glen Station Road Bridge | Section 16 of the 1845 Clauses Act as incorporated with the 1853 Act |

SCHEDULE 2

Article 6

MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASING ENACTMENTS FOR CREATION OF NEW RIGHTS

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 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 1961 Act has effect subject to the following modification set out in sub-paragraph (2).

(2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute-

'(5A) If-

(a) the acquiring authority enter on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 2 to the Network Rail (Kettering to Wigston South Junction and Napsbury Lane) (Land Acquisition) Order 2026 ('the 2026 Order')); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 2 to the 2015 Order) to acquire an interest in the land; and (c) the acquiring authority enter on and takes possession of that land,

the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.'.

3. -(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973( a ) has effect subject to the modifications set out in sub-paragraph (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)-

• (a) for the words 'land is acquired or taken from' substitute 'a right over land is purchased'; and
• (b) for the words 'acquired or taken from him' substitute 'over which the right is exercisable'.

Application of Part 1 of the 1965 Act

4. Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by article 4 (application of Part 1 of the 1965 Act) to the acquisition of land under article 3 (power to acquire land), applies to the compulsory acquisition of rights under article 6(1) or (2) (power to acquire new rights)-

• (a) with the modification specified in paragraph 5; and
• (b) with such other modifications as may be necessary.

5. -(1) The modifications referred to in paragraph 4(a) are as follows.

(2) References in the 1965 Act to land are, in the appropriate contexts, 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
• (b) the land over which the right is or is to be exercisable.

(3) For section 7 (measure of compensation in the case of severance) of the 1965 Act 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 is depreciated by the acquisition of the right, 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) Section 11( a )(powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 13(1)), it has power, exercisable in the equivalent circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right; and sections 11A( b )(powers of entry: further notices of entry), 11B( c ) (counter-notice requiring possession to be taken on specified date), 12( d ) (unauthorised entry) and 13( e )(refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

(8) For Schedule 2A to the 1965 Act substitute-

'SCHEDULE 2A

COUNTER-NOTICE REQUIRING PURCHASE OF LAND

Introduction

1. This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over the whole or part of a house, building or factory.

Counter-notice requiring purchase of land

3. A person who is able to sell the house, building or factory ('the owner') may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory.

Response to counter-notice

5. On receiving a counter-notice, the authority must decide whether to-

• (a) withdraw the notice to treat,
• (b) accept the counter-notice, or
• (c) refer the counter-notice to the Upper Tribunal.

Determination by Upper Tribunal

10. On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right would-

• (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or
• (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

13. If The Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land.

SCHEDULE 3

Article 6

LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

| (1) Area | (2) Number of land shown on the deposited plans | (3) Purpose for which rights may be acquired | |---|---|---| | County of Hertfordshire District of St. Albans | 1-001 and 1-002 | Provision of access for maintenance of the Midland Mainline Railway | | County of Northamptonshire District of North Northamptonshire | 3-001 and 3-002 | Easement for realigned bridge and approaches |

SCHEDULE 4

Article 7

LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

| (1) Area | (2) Number of land shown on the deposited plans | (3) Purpose for which temporary possession may be taken | |---|---|---| | County of Northamptonshire District of North Northamptonshire | 4-001 to 4-003, 4-005, 4-010, 4-011, 4-015 and 4-016 | Worksite and access associated with the reconstruction of Bridge 34 |

SCHEDULE 5

Article 8

LAND WHICH MAY BE USED FOR OVERSAILING

| (1) Area | (2) Number of land shown on the deposited plans | (3) Purpose for which oversailing or access may be taken | |---|---|---| | County of Northamptonshire District of North Northamptonshire | 4-004 and 4-008 | Oversailing of cranes associated with the reconstruction of Bridge 34 |

SCHEDULE 6

Article 14

PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

1. -(1) Sections 271 to 274( a )(power to extinguish rights of statutory undertakers etc. and power of statutory undertakers etc. to remove or re-site apparatus) of the 1990 Act 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( b ).

(2) In the provisions of the 1990 Act, as applied by sub-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 sub-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.

EXPLANATORY NOTE

(This note is not part of the Order)

Order confers powers on Network Rail Infrastructure Limited to acquire compulsorily land and rights in land and to use land temporarily in connection with the electrification and improvement of the Midland Mainline railway between Kettering and Wigston South Junction and a right of access to that railway at Napsbury Lane in St Albans.

Copies of the deposited plans and the book of reference referred to in the Order may be inspected at the offices of the Company Secretary and Solicitor to Network Rail Infrastructure Limited at Network Rail National Records Centre, Unit 5, Audax Road, Clifton Moor, York, YO30 4US.