PART III ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

16 Rights under or over streets
1 Railtrack may enter upon and appropriate so much of the subsoil of, or air-space over, any street within the Order limits as may be required for the purposes of the authorised works and may use such subsoil or air-space for those purposes or any other purpose connected with or ancillary to its railway undertaking.
2 The power under paragraph (1) above may be exercised in relation to a street without Railtrack being required to acquire any part of the street or any easement or right in the street.
3 Railtrack shall not be required to pay any compensation for the exercise of the powers conferred by paragraph (1) above where the street is a highway; but where the street is not a highway any person suffering loss by the entry upon and appropriation of such subsoil shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
4 Paragraphs (2) and (3) above shall not apply in relation to–
(a) any subway or underground building, or
(b) any cellar, vault, arch or other construction in or on a street which forms part of a building fronting onto the street.