§ 10 — Power to enter land for inspection and survey, etc.

10.—(1) Subject to subsection (3), the LTA or a person it authorises for the purposes of this section may, at reasonable times, enter any land or building described in subsection (2) in order to carry out all or any of the following:(a)

inspect or survey the land or building to ascertain the condition of the land or building before or during the construction, maintenance or operation of, or improvement to, the railway infrastructure of a cross‑border railway;

(b)

carry out all reasonably necessary work of a preventative or remedial nature;

(c)

inspect the railway infrastructure of the cross‑border railway which has been constructed on, over or under the land or building;

(d)

carry out all reasonably necessary work for the purpose of maintaining or operating the railway infrastructure of the cross‑border railway, causing as little damage as possible and paying compensation to any person affected for any damage that may be caused.

(2) The land or building in respect of which a power under this section may be exercised are the following:(a)

any land or building situated wholly or partly within the railway area;

(b)

any land or building situated wholly or partly within 150 metres of the railway area.

(3) The LTA or person authorised must not exercise any power conferred by subsection (1) in respect of any land or building unless every owner and occupier of the land or building is given at least 7 days’ notice of the intention to exercise a power conferred by that subsection.

(4) However, subsection (3) does not apply if —(a)

the LTA is of the opinion that an emergency exists which necessitates immediate entry; or

(b)

the entry is required only for the purpose of an inspection or a survey.

(5) A notice of entry mentioned in subsection (3) —(a)

must describe the purpose of the entry and the nature of any work to be carried out; and

(b)

is deemed to be given to and received by an owner or occupier if a written notice is affixed to a conspicuous part of the land or building to be entered.

(6) In subsection (1)(b), “work of a preventative or remedial nature” means the underpinning or strengthening of any land or building and other work on the land or building (as the case may be) intended to render it reasonably safe or to repair or detect damage caused in the course of the construction, maintenance, operation or improvement of the railway infrastructure of a cross‑border railway.

(7) The decision of the LTA that any work is of a preventative or remedial nature or that such work or any inspection or survey is reasonably necessary is final.

(8) The LTA, or any person acting under its authority, may —(a)

as the occasion requires, enter and re‑inspect and re‑survey any land or building in respect of which any of the powers contained in subsection (1) have been exercised; and

(b)

in relation to that land or building, exercise such powers as often as the occasion may require.

—(1) Subject to subsection (3), the LTA or a person it authorises for the purposes of this section may, at reasonable times, enter any land or building described in subsection (2) in order to carry out all or any of the following:(a)

inspect or survey the land or building to ascertain the condition of the land or building before or during the construction, maintenance or operation of, or improvement to, the railway infrastructure of a cross‑border railway;

(b)

carry out all reasonably necessary work of a preventative or remedial nature;

(c)

inspect the railway infrastructure of the cross‑border railway which has been constructed on, over or under the land or building;

(d)

carry out all reasonably necessary work for the purpose of maintaining or operating the railway infrastructure of the cross‑border railway, causing as little damage as possible and paying compensation to any person affected for any damage that may be caused.

(2) The land or building in respect of which a power under this section may be exercised are the following:(a)

any land or building situated wholly or partly within the railway area;

(b)

any land or building situated wholly or partly within 150 metres of the railway area.

(3) The LTA or person authorised must not exercise any power conferred by subsection (1) in respect of any land or building unless every owner and occupier of the land or building is given at least 7 days’ notice of the intention to exercise a power conferred by that subsection.

(4) However, subsection (3) does not apply if —(a)

the LTA is of the opinion that an emergency exists which necessitates immediate entry; or

(b)

the entry is required only for the purpose of an inspection or a survey.

(5) A notice of entry mentioned in subsection (3) —(a)

must describe the purpose of the entry and the nature of any work to be carried out; and

(b)

is deemed to be given to and received by an owner or occupier if a written notice is affixed to a conspicuous part of the land or building to be entered.

(6) In subsection (1)(b), “work of a preventative or remedial nature” means the underpinning or strengthening of any land or building and other work on the land or building (as the case may be) intended to render it reasonably safe or to repair or detect damage caused in the course of the construction, maintenance, operation or improvement of the railway infrastructure of a cross‑border railway.

(7) The decision of the LTA that any work is of a preventative or remedial nature or that such work or any inspection or survey is reasonably necessary is final.

(8) The LTA, or any person acting under its authority, may —(a)

as the occasion requires, enter and re‑inspect and re‑survey any land or building in respect of which any of the powers contained in subsection (1) have been exercised; and

(b)

in relation to that land or building, exercise such powers as often as the occasion may require.