The Network Rail (Waverley Steps) Order 2010

1.—(1) Subject to the provisions of this Schedule, sections 224 to 227 of the 1997 Act(1) (power to extinguish rights of statutory undertakers, etc. and power of statutory undertakers, etc. to remove or re-site apparatus) shall apply in relation to any land which has been acquired under this Order, or which is held by Network Rail and is appropriated or used (or about to be used) by it for the purposes of this Order or for purposes connected with this Order.

(2) All such other provisions of the 1997 Act as apply for the purposes of the provisions applied by sub-paragraph (1) (including sections 228 to 231(2), which contain provisions consequential on the extinguishment of any rights under sections 224 and 225, and sections 232(2) to (4), 233 and 235(3), which provide for the payment of compensation) shall have effect accordingly.

(3) In the provisions of the 1997 Act, as applied by sub-paragraphs (1) and (2)—

(a)references to the purpose of carrying out any development with a view to which land was acquired or appropriated are references to the purpose of carrying out the authorised works; and

(b)references to land acquired or appropriated as mentioned in section 224(1) of the 1997 Act are references to land acquired, appropriated or used as mentioned in sub-paragraph (1).

(4) Where any apparatus of a utility undertaker or of a public communications provider is removed in pursuance of a notice or order given or made under section 224, 225 or 226 of the 1997 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 shall be 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.

(5) Sub-paragraph (4) shall not apply in the case of the removal of a public sewer, but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that sub-paragraph, any person who is—

(a)the owner or occupier of premises the drains of which communicated with that sewer; or

(b)the owner of a private sewer which communicated with that sewer,

shall be 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 making the person’s drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

(6) The provisions of the 1997 Act mentioned in sub-paragraphs (1) and (2), as applied by those sub-paragraphs, shall not have effect in relation to apparatus as respects which paragraph 2 or Part 4 of the 1991 Act applies.

(7) In this paragraph—

“gas transporter” has the meaning given by section 7(1) of the Gas Act 1986(4);

“public communications provider” has the meaning given by section 151(1) of the Communications Act 2003(5); and

“utility undertaker” means a person who is—

and who is, or is deemed to be, a statutory undertaker within the meaning of section 214 of the 1997 Act(7).