Examination of Witnesses (Questions 8480
- 8499)
8480. CHAIRMAN: Schedule 6, is it?
8481. MR ELVIN: There is nothing in the
Bill which will assist, my Lord. Mr Evans is looking at the Consolidated
Book of Reference which has a description of the properties to
be compulsorily acquired and it has also got an additional list
of interests. I am not sure whether there is not some confusion
here about notification of the interests of the property which
is required and the notification of those who may have an interest
in the land because of their other interests. I am afraid I will
have to take instructions, but the person I need to take instructions
from is not here.
8482. CHAIRMAN: Well, please do because
we had better get this clear.
8483. MR ELVIN: I wonder if the Committee
would give me ten minutes to see if I can take instructions on
this point.
8484. CHAIRMAN: Certainly, but it is
Schedule 6, paragraph 6(1).
8485. MR EVANS: Yes, paragraph 6(1) is
to do with the acquisition of subsidiary rights.
8486. CHAIRMAN: It is in part 3 of the
Schedule. Is that right?
8487. MR EVANS: Correct.
8488. CHAIRMAN: Certainly you can have
a few minutes just to discuss this because I want to be clear
what the point is, so a ten-minute break.
After a short break
8489. MR EVANS: My Lords, I think we
have clarified the issue.
8490. CHAIRMAN: I am very grateful for
that!
8491. MR ELVIN: My Lord, the position
is this: that the access rights that are referred to in clause
6 and Schedule 6, as I anticipated, are access rights not in the
sense of access options or regulatory rights, but are easements
and other rights of access so that the railway can be physically
built and operated. In some cases, easements are necessary or
wayleaves perhaps in some circumstances in order to save acquiring
the whole of the land, so all that is needed is a right. I understand
that ATOC are content to proceed on the assumption that we discussed,
that Schedule 6 is dealing with access rights in the sense of
rights actually to go on to the land and to use the land and that
it is not the intention to use clause 6 and Schedule 6 to alter
the regulatory rights of access options and the like, those must
be followed under the Railways Act and the normal industry processes,
so then ATOC are content with that position.
8492. CHAIRMAN: So, if one looks at clause
16 of the Petition, it is the last sentence that is no longer
in issue?
8493. MR ELVIN: It is no longer in issue
because it is understood that clause 6 is dealing simply with
rights of access to land and over land for the building, and operation,
of the railway rather than interference with regulatory rights,
such as an access option.
8494. CHAIRMAN: The second sentence stands
and the last sentence is not necessary?
8495. MR ELVIN: Correct.
8496. CHAIRMAN: Is that right?
8497. MR EVANS: My Lord, that is correct,
the last sentence has now been overtaken by Mr Elvin's comments.
8498. CHAIRMAN: So you are now happy
that the last sentence is no longer necessary?
8499. MR EVANS: We are.
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