Rail Infrastructure Act 2007

This section applies if – a railway entity needs access to adjoining land to carry out routine railway works but the adjoining landholder – cannot, despite the railway entity's best endeavours, be contacted; or is, for any reason, incapable of permitting the access; or has, despite the railway entity's reasonable entreaties, unreasonably refused to permit the access; or has imposed such stringent conditions on the access that the routine railway works would be unreasonably expensive, time-consuming or difficult to carry out or could not be carried out safely, properly or at all; or a railway entity is unable to complete routine railway works because an adjoining landholder has unreasonably withdrawn permission for the railway entity to access adjoining land.

The railway entity – may apply to a justice for a warrant to access the land for the purposes of carrying out or, as the case may be, completing the routine railway works; but must give the adjoining landholder at least 5 clear days' notice of its intention to make the application or, if subsection (1)(a)(i) applies, make a reasonable attempt to give such notice.

The justice may issue the warrant if satisfied on reasonable grounds that – the routine railway works are necessary for the safety or operability of the rail network; and there is no feasible, safe or cost-effective way of carrying out or, as the case may be, completing the routine railway works except by accessing the adjoining land; and the railway entity will exercise the right of access responsibly; and the railway entity has complied with subsection (2)(b).

The warrant may – authorise the access by reference to specified times or specified periods; and be issued on such conditions as the justice considers appropriate.

Without limiting this, the conditions may – require the railway entity to meet specified notification or other requirements before exercising the right of access; and provide for the adjoining land to be fenced or otherwise secured so as to maintain the adjoining landholder's level of protection as regards trespass and, if applicable, loss of stock.

The warrant is to specify whether the right of access being conferred is a right to cross over the adjoining land or a right to enter and remain on the adjoining land.

The warrant authorises the railway entity, acting through its railway employees, to access the adjoining land to carry out the routine railway works specified in the warrant, at the times or during the periods specified in the warrant and on the conditions specified in the warrant.

In effecting the access and carrying out the routine railway works, the railway entity – may call on and use such assistance as it considers necessary or expedient in the circumstances; and must, whether or not they are mentioned in the warrant, respect all protective protocols of which it has notice.

Once access has been effected pursuant to the warrant, section 25 applies.

The railway employee in charge of executing the warrant for the railway entity must produce it for inspection if asked to do so by the adjoining landholder.

The warrant is to specify the date on which, and the time at which, the warrant ceases to have effect.

The date specified in the warrant pursuant to subsection (11) is to be a date falling no later than 3 months after the warrant is issued.

For a restricted Railway Infrastructure Manager, this section applies only in respect of its part of the rail network.