ABSTRACT
Part 7 of the New Code deals with so-called 'transport land rights'. These provisions correspond to paragraphs 12 to 14 of the Old Code. Paragraph 46 of the New Code defines 'transport land' as: land which is used wholly or mainly – as a railway, canal or tramway, or in connection with a railway, canal or tramway on the land. As under the Old Code, a distinction is drawn between emergency and non-emergency works. In a non-emergency cases, paragraph 49 requires the giving of a 'notice of proposed works'. The statutory arbitration procedure is clearly set out in paragraph 52. It applies if notice is given under paragraph 50(3) or 51(7), which crystallises the 'matter in dispute' (paragraph 52(1)), namely either (a) an objection to proposed works or (b) a disagreement about an amount of compensation. The ability to have apparatus altered when it has been installed pursuant to a transport land right is governed by paragraph 53.
