Exercise of powers of entry
6 Exercise of powers of entry
Before a person enters any railway building or rail infrastructure facility under a power conferred by this Schedule, the relevant owner exercising the power or another person must serve on the building owner or infrastructure owner reasonable notice in writing of the intention to enter the building or facility on a day or days specified in the notice unless—
entry to the building or facility is made with the consent of the building owner or infrastructure owner, or
entry is required for an emergency inspection or the taking of urgent remedial action to rail infrastructure facilities, in which event the chief executive of the owner or a person nominated by the chief executive of the owner (either generally or in the particular case) must give the building owner or infrastructure owner as much notice (oral or otherwise) as is practicable in the circumstances.
Nothing in this clause authorises the use of force to enter a dwelling-house or any enclosed part of a building occupied as a dwelling-house.
Nothing in this clause requires notice to be given of the entry of a person onto railway land under a power conferred by this Schedule.
This clause does not apply if the person entering a railway building or rail infrastructure facility is the owner of the building or facility.
This Act’s bill:Explanatory memorandum
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