22Routine works access to adjoining land – with permission

22 Routine works access to adjoining land – with permission

(1)  This section applies if an adjoining landholder gives a railway entity permission to access adjoining land to carry out routine railway works.

(2)  The railway entity is to ensure that –

(a) the adjoining landholder is warned when the access is about to be effected; and

(b) the access is effected in accordance with the terms of the permission and with as little damage and disruption as possible; and

(c) if circumstances require, the adjoining land is fenced or otherwise secured so as to maintain the adjoining landholder's level of protection as regards trespass and, if applicable, loss of stock; and

(d) it respects all protective protocols of which it has notice; and

(e) it vacates the adjoining land forthwith and without argument if the permission is for any reason withdrawn.

(3)  Once the access has been effected then, except in so far as the adjoining landholder and the railway entity may otherwise agree, section 25 applies.