(9) Section 13( a ) (refusal to give possession to acquiring authority) of the 1965 Act applies to  the temporary use of land under this article to the same extent as it applies to the compulsory  acquisition of land under this Order by virtue of article 23 (application of Part 1 of the 1965 Act).  (10) Paragraph (1)(a)(ii) does not authorise Network Rail to take temporary possession of any  land which it is not authorised to acquire under article 22 (power to acquire land) or any land  specified in Schedule 3 (land in which only new rights etc., may be acquired).  29. —(1) Subject to paragraph (2), at any time during the maintenance period relating to any of  the scheduled works, Network Rail may—  (2) Paragraph (1) does not authorise Network Rail to take temporary possession of—  (3) Not less than 28 days before entering upon and taking temporary possession of land under  this article Network Rail must serve notice of the intended entry on the owners and occupiers or  the land.  (4) Network Rail may only remain in possession of land under this article for so long as may be  reasonably necessary to carry out the maintenance of works for which possession of the land was  taken.  (5) Before giving up possession of land of which temporary possession has been taken under  this article, Network Rail must remove all temporary works and restore the land to the reasonable  satisfaction of the owners of the land.  (6) Network Rail must pay compensation to the owners and occupiers of land of which  temporary possession is taken under this article for any loss or damage arising from the exercise in  relation to the land of the powers conferred by this article.  (7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the  amount of the compensation, is to be determined under Part 1 of the 1961 Act.  (8) Without affecting article 45 (no double recovery), nothing in this article affects any liability  to pay compensation under section 10(2) (further provision as to compensation for injurious  affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from  the execution of any works, other than loss or damage for which compensation is payable under  paragraph (6).  (9) Where Network Rail takes possession of land under this article, it is not required to acquire  the land or any interest in it.  (10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the  temporary use of land under this article to the same extent as it applies to the compulsory  acquisition of land under this Order by virtue of article 23 (application of Part 1 of the 1965 Act).  (11) In this article “the maintenance period” in relation to a scheduled work means the period of  5 years beginning with the date on which the work is opened for use.  ( a ) Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23,  to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).  23 Temporary use of land for maintenance of works  (a) enter upon and take temporary possession of any Order land if such possession is  reasonably required for the purpose of maintaining the work or any ancillary works  connected with it; and  (b) construct such temporary works (including the provision of means of access) and  buildings on the land as may be reasonably necessary for that purpose.  (a) any house or garden belonging to a house;  (b) any building (other than a house) if it is for the time being occupied; or  (c) any land listed in Schedule 3 (land in which only new rights etc., may be acquired) or  Schedule 14 (temporary use of land for access). 