Commentary on Sections and Schedules Land Section 7: Acquisition of land not subject to the power under section 6(1)
28.Section 7(1) allows the Secretary of State to acquire compulsorily land outside the Act limits, if it is needed in connection with Crossrail.
29.Section 7(2) and (3) enable the Secretary of State to acquire land within the Act limits, if it is needed in connection with Crossrail, but restrict the power so that it only applies where the power under section 6(1) does not. The difference between the two powers is that the former requires the making of a compulsory purchase order, whereas the latter does not (see paragraph 2 of Schedule 6).
30.Section 7(4) makes it clear that land may be acquired under these provisions for certain purposes, such as for the relocation of drainage or utility undertakers’ apparatus, which can sometimes be needed some distance from the line of the railway itself, or for land statutorily required to be provided in exchange for land taken.
31.Section 7(5) allows the Secretary of State to acquire an easement or other new right over the land in question, as opposed to acquiring the land itself.
32.Section 7(6) provides that any acquisition under the section would be subject to normal compulsory purchase procedures under the Acquisition of Land Act 1981.
33.Section 7(7) provides that the same modifications of the compulsory purchase legislation apply in relation to the acquisition of easements under subsection (5) as apply in relation to the acquisition of easements under section 6(1).