Commentary on provisions of the Act Part 2: Temporary possession for maintenance of works Procedure and compensation
Paragraphs 7(3) and 8 provide safeguards relating to the exercise of the power in paragraph 7. The undertaker must give at least 28 days’ notice to the owners and occupiers of the land before possession is taken, may only remain in possession of such land as long as is reasonably necessary to carry out the maintenance works and must, before giving up possession, restore the land to the reasonable satisfaction of its owners. Compensation is payable for any loss suffered as a result of such use, with any disputes about such compensation to be determined under the Land Compensation Act 1961.